Last Updated: August 26, 2019
NOTE: Please read these Terms carefully as they contain important information regarding your legal rights, remedies, and obligations. Clause 34 of the Terms contains an arbitration clause and Class Action Waiver that applies to all disputes that you may have with Bamboo. By accepting these Terms, you agree to be bound by this arbitration clause and Class Action Waiver.
The defined terms used in the Agreement have the meaning ascribed to them under Clause 42.
These Terms form a legally binding agreement between you (“you”, “your” or “User”) and Bamboo App, Inc. (“Bamboo”). These Terms govern provision of Bamboo Services, Pro Services and your access to and use of the Bamboo Services, Pro Services, the Bamboo Platform and any associated services offered by Bamboo.
1. Acceptance of Terms of Service
1.1. By choosing to register for a Bamboo Account on the Bamboo Platform or accessing, using, or by clicking to accept the Terms when asked to do so, you expressly acknowledge and agree to be bound in entirety by the Agreement. Bamboo’s acceptance is conditional upon your agreeing to all terms of the Agreement and, if you do not agree to accept and be bound by any term of this Agreement, you must immediately cease to use the Bamboo Platform.
1.2. If you agree to the Agreement on behalf of a legal entity, you represent and warrant that you possess the necessary authority to bind that entity to the Agreement and agree that you are binding both you and that legal entity to the Agreement. In such an event, “you”, “User” and “your” will refer and apply to you and that legal entity.
1.3. By choosing to access the Bamboo Platform, you represent and warrant that you are a legal entity or an individual of at least 18 years of age (or have otherwise attained the age of majority in the jurisdiction in which you transact business) and have the legal capacity to enter into a binding contract.
1.4. This Agreement will prevail over any other terms or agreement between you and Bamboo.
2. Bamboo Account and Registration
2.1. Types of Bamboo Accounts
An individual or a legal entity seeking services of another person on the Bamboo Platform is referred to as a “Customer”. An individual who intends to provide services to a Customer on the Bamboo Platform is referred to as a “Pro”. The Customer and Pro are collectively referred to as “Users” and individually as “you”, “your” or a “User”.
Any User intending to access certain parts of the Bamboo Platform, whether as a Customer or a Pro, will be required to register for an account on the Bamboo Platform (“Bamboo Account”) using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook (“SNS Account”). You may choose to delink your Bamboo Account and your SNS Account at any time, by amending the ‘Settings’ of the Bamboo Platform or informing Bamboo in writing.
It is hereby clarified that only individuals can self-register as a Pro on the Bamboo Platform. Unless otherwise permitted in writing by Bamboo, an independent business (whether a sole proprietary concern, self-employed individual operating under a corporate name, a corporation, partnership, limited liability company or any other entity) may not register as a Pro on the Bamboo Platform and each individual connected or employed by any such independent business will be required to register separately as a Pro on the Bamboo Platform.
You must not impersonate some other individual, business, or company while registering on or using the Bamboo Platform. If you try to do so, without limiting any other rights, Bamboo may take legal action against you.
Unless otherwise permitted in writing by Bamboo, you agree not to create a Bamboo Account or use the Bamboo Platform if your Bamboo Account is suspended or your Agreement has been terminated by Bamboo in accordance with Clause 27.2.
2.3. Username and Password
Should you decide to register on the Bamboo Platform, you may be required to choose a username and password. Bamboo may refuse registration, if you use a username, email address or any other identifier which is already in use, is offensive or violates the Intellectual Property Rights or other rights of an individual or legal entity or may be considered as impersonating an individual or legal entity. Bamboo may also, in its absolute discretion, refuse registration of a Bamboo Account without assigning any reason whatsoever.
2.4. Personal and Other Information
If you provide any information that is untrue, inaccurate, not current, or incomplete, or Bamboo has reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Bamboo has a right to terminate your Agreement. If Bamboo terminates your Agreement, the consequences set out in Clause 27.4 shall apply.
2.5. Account Operation
You are solely responsible for keeping your username and password of the Bamboo Account confidential and are solely responsible for all use and activity carried out under this username, whether or not authorized by you. You agree that you will not attempt to login into another User’s account without express authorization from such other User or express written permission from Bamboo. Bamboo does not authorize you to assign or otherwise transfer your Bamboo Account to anyone else or allow anyone to use the Platform on your behalf. Bamboo will not be liable for any loss or damage arising from any kind of unauthorized activity that takes place under your Bamboo Account. You also agree to inform Bamboo promptly if you have a reason to suspect unauthorized access or use of your Bamboo Account.
Should you authorize a third person to operate your Bamboo Account and/or share your Bamboo Account details with any third person, you agree to be: (a) bound by all acts done and contract(s) entered into by such person on your behalf; and (b) responsible for all actions taken by such person and any financial or service obligations arising therefrom.
2.6. Multiple Bamboo Accounts
You agree not to register more than one Bamboo Account as a Pro or a Customer on the Bamboo Platform without Bamboo’s prior written permission. Creation of multiple accounts on the same side of the marketplace i.e., multiple Pro accounts or multiple Customer accounts may disentitle a User from being registered on the Bamboo Platform.
2.7. Consent to receive Communications
By contacting Bamboo for a free consultation, or by registering on the Bamboo Platform or by providing your details to a third party who in turn is authorized to provide your details to Bamboo, you agree and acknowledge that Bamboo may use the telephone number, email id and other contact information that you provide, to communicate with you telephonically, by text, through calls or internet based messaging services, via emails and/or by means of letters, mailers or promotional material delivered personally to your mailing address to:
You agree that Bamboo may contact you as above even if you are listed on any federal, state, provincial or other “Do No Call” list. You hereby agree that Bamboo’s third party service providers or Bamboo may, after informing you and obtaining your consent, record any customer service calls.
You agree and acknowledge that any (video or phone) calls that Bamboo makes or any text message that Bamboo sends may be subject to standard call or text messaging charges applied by your cell phone carrier. You may opt-out of receiving promotional or marketing texts or calls from Bamboo at any time by contacting Bamboo in writing at [email protected]
3. Registration by Pros
3.1. Creating a Profile
A Pro intending to register on the Bamboo Platform, will be asked to create a service profile (“Profile”). Apart from the information provided under Clause 2.4 during registration, the Profile will include additional information such as the Pro’s bio, professional qualifications, licenses and registrations held by the Pro, experience statement, hourly rates, photos, recordings, descriptions, text, graphics, reviews, ratings and comments.
Pro hereby agrees that the Profile and the related information (including Personal Information to the extent required) will be made visible to other Users of Bamboo Platform. Alternatively, if a Pro wishes to be discreet, he or she can opt to display his or her Profile in the ‘privacy mode’ available on the Bamboo Platform which will display only limited information about the Pro on a non-identifiable basis (personal or geographical). A Pro agrees that despite Bamboo’s best efforts to keep the Pro’s identity discreet, Bamboo cannot guarantee complete anonymity to the Pro under the ‘privacy mode’ as it may still be possible for others to identify the Pro based on the information displayed on the Pro’s Profile. However, the Pro agrees that once the Pro accepts a Project, his or her Profile and the related information will be made visible to the Customer awarding the Project and the other Pros working on that Project. If a Pro believes that an unauthorized Profile has been created in his or her name, the Pro may request Bamboo to remove such Profile by contacting Bamboo in writing at [email protected] Such request will be acted upon by Bamboo in the manner Bamboo deems fit after conducting due enquiries.
3.2. Photographs and Verified Photo
A Pro may upload photographs of services previously provided by him or her (both through and outside of the Bamboo Platform) in his or her Profile. Bamboo may offer a Pro an option of having a professional photographer designated by Bamboo take photos of any services previously provided by the Pro which may be displayed in his or her Profile. Such photographs will bear a ‘verified photo’ or similar tag (“Verified Photo”). The Verified Photo forms part of the Platform Content. To know more about Bamboo’s rights in the Platform Content, please refer to Clause 19.
Pro will be responsible for ensuring that the Verified Photos or any other photographs independently provided by a Pro relate only to the work that he or she has actually provided and preferably of a work where the Pro played a key role in the execution of the work. Additionally, a Pro must also provide a clear description of the services provided by him or her with each photograph especially in case where the photographs relate to a work that was performed by a team. Pro must ensure that both the photograph(s) and the description of services provided by him or her are accurate and do not depict, refer or suggest to any activity that was not actually carried out by him or her.
The Verified Photos created by a Pro using Bamboo’s designated photographers are for exclusive use by the Pro on the Bamboo Platform and shall not be used by the Pro on any other platform, website, or application. On Bamboo’s request, a Pro will execute documents and take such further acts as Bamboo may reasonably request to assist Bamboo to acquire, perfect, and maintain Bamboo’s Intellectual Property Rights and other legal protection in the Verified Photos.
Please note that Verified Photos shall not be construed as an endorsement of a Pro by Bamboo.
3.3. Interview of a Pro
As part of the registration process, Bamboo may interview a Pro to assess the Pro’s skills and/or aptitude (“Interview”). This Interview may be conducted in person or on camera. In addition, Bamboo may ask a Pro to undergo one or more skill-based tests physically on site. Pro agrees that Bamboo will have the sole discretion to decide if a Pro has cleared the Interview and any other assessments conducted by Bamboo. If a Pro successfully clears the Interview and other assessments, Bamboo will seek the Pro’s consent to start the background check process. If a Pro fails to clear the interview and/or other assessments, the Pro will not be allowed to continue with the registration process on the Bamboo Platform, unless otherwise permitted in writing by Bamboo. Any content generated from the Interview (including verbal, written, audio-visual, etc.) forms a part of the Platform Content.
3.4. Background Check
The Pro acknowledges that the registration process on the Bamboo Platform includes a background check of a Pro including his or her skills, qualifications, experience, criminal convictions, previous assignments, and the quality of services. Subject to applicable law, Bamboo may carry out such checks itself or through a third party service provider(s). Bamboo will obtain Pro’s consent before carrying out such background checks. A Pro will not be able to complete the registration process on the Bamboo Platform, should a Pro decide not to allow such background checks to be conducted. To carry out such background checks:
Failure to provide any information, documents, or access in a timely manner, failure to respond satisfactorily to any requests for information by Bamboo, or any adverse results arising form the background check (which in Bamboo’s sole opinion merits Pro’s disqualification) will disentitle a Pro from being registered on the Bamboo Platform.
3.5. Listing of a Pro
Bamboo shall at its sole discretion decide what types of discovered former criminal convictions shall disqualify a Pro from working via the Bamboo Platform. If a Pro has not been convicted of a criminal offense or should Bamboo decide that a prior criminal conviction of a Pro does not merit his or her disqualification, and Bamboo is otherwise satisfied with the Profile and the Interview of the Pro, Bamboo at its discretion will approve the listing of the Pro’s Profile on the Bamboo Platform. Bamboo is not obligated to provide any reasons or justifications for any rejected Profiles.
3.6. Selection of a Pro
Notwithstanding that a Pro may have been subject to a background check prior to registration, Bamboo does not certify a Pro’s character, portfolio, or the quality of his or her services nor does Bamboo warrant that such a background check will identify a prior transgression on part of a Pro or guarantee that such a Pro will not commit any transgression in future.
A Customer hereby acknowledges that Bamboo is under no obligation to carry out a fresh background check on a Pro after listing of a Pro as per this Clause 3 and that, while Bamboo may make best efforts to discover new transgressions via continuous monitoring, Bamboo cannot and does not make any representation or warranty about a Pro’s character or portfolio on the date of listing or on a current date. A Customer hereby also acknowledges that a criminal record may not disqualify a Pro from working via the Bamboo Platform and on the Customer’s Project. Bamboo shall at its sole discretion decide what types of discovered former criminal convictions shall disqualify a Pro from working via the Bamboo Platform.
Customer agrees and acknowledges that Bamboo does not set Pro’s work hours or work schedules or provide Pros any direction as to how a Project is to be undertaken.
3.7. Independent Evaluation by Customer and Pro
Notwithstanding any other provision of the Agreement, including that a Pro’s Profile may include a Verified Photo, before engaging a Pro for a Project, a Customer must independently assess and evaluate a Pro to determine if a Pro: (a) is competent to undertake the Project; and (b) possesses the skills, licenses and permissions necessary to carry out the Project. Customer agrees and acknowledges that he or she assumes full responsibility of his or her choices, acts, or omissions before, during, and after selection of a Pro.
Customer acknowledges that Bamboo may at times recommend one or more Pros for certain services to be provided for a Project. However, it is agreed that the final selection of a Pro is at Customer’s sole discretion and responsibility. Pro also acknowledges that any selection of a Customer or a Project is at Pro’s discretion, notwithstanding that Bamboo may have recommended the suitability of a particular Pro for a particular Project.
Pro acknowledges and agrees that he or she may not dispute: (a) the Customer’s selection or not, of a Pro for a particular Project; and (b) the termination of a Project and consequent termination of Pro Services. Clause 27 lists the consequences of termination of the Agreement.
3.8. Hourly Rate of a Pro
Pro acknowledges that Bamboo may at times recommend that a Pro charge a certain rate for a Project or a type of Pro Services. However, any decision on the final charges for providing Pro Services is at the concerned Pro’s discretion and the final agreement reached between the Pro and the Customer.
3.9. Ranking of Pros
Bamboo reserves the right to rank the Pros and/or display the Pros in any form or order on the Bamboo Platform in the way that Bamboo deems fit at its sole discretion.
3.10. No Assurance of Income
Pro agrees and acknowledges that Bamboo does not make any representation, assurance or promise regarding the future earnings of a Pro or that he or she will make any money after registering on the Bamboo Platform.
4. Prohibited Use of Bamboo Platform
4.1 You must not:
5. Third-Party Websites and SNS Accounts
5.1. Bamboo Platform may contain links (such as hyperlinks) to third-party websites, including online communication services, such as emails, chats and calls that are not owned by or affiliated with Bamboo. You agree and acknowledge that access to such third party websites is provided to you on an ‘AS IS’ basis. The links to such third party websites and the contents or any advertisements that may be displayed on the Bamboo Platform are for your information and reference only. You agree and acknowledge that Bamboo is not involved in either developing or maintaining such websites nor does Bamboo influence, censor, control, monitor, or verify such websites, their content, or persons operating such websites.
5.2. You further agree and acknowledge that your use and/or access of such third party websites, including online communications services, is governed by terms and conditions of use and privacy policies of such websites. Mere presence of such links on Bamboo Platform does not in any manner imply or constitute Bamboo’s endorsement of, or association with such websites. You are requested to evaluate independently the content of such websites and/or the suitability or usefulness of the products or services offered by such websites.
5.3. Bamboo expressly disclaims any liability that may arise from your access and/or use of such third party websites. You agree to defend and hold Bamboo, Bamboo’s Affiliates, and their respective employees, directors, officers, agents and contractors harmless from any claim or liability that may arise from your access and/or use of such third party websites.
5.4. You agree and acknowledge that Bamboo Platform may allow you to link and access your Bamboo Account through your SNS Account. You could do this by allowing Bamboo to access your SNS Account, in accordance with the terms and conditions of use for such account. Alternatively, you could provide the login information of such SNS Account through the Bamboo Platform. By choosing to link and/or accessing your Bamboo Account through an SNS Account, you represent and warrant that: (a) you are legally authorized to link the SNS Account with Bamboo Account for log in purposes; (b) you are legally authorized to grant Bamboo access to contents of such SNS Account for use for the purposes described herein;(b) such action does not violate the terms and conditions applicable to your use of the SNS Account; (c) Bamboo will not be required to pay any fees or be subject to any restriction on use for such login information; and (d) if such SNS Account becomes unavailable, is suspended or terminated, for whatever reason, then you may not be able to use the SNS Account to access Bamboo Platform.
5.5. Depending on the SNS Account and the privacy settings you may have chosen for such account, you agree that by granting Bamboo access to any SNS Account, you permit Bamboo to: (a) access, make available and store (where applicable) any information or data including any Personal Information or other information that you have provided to and stored in your SNS Account; and (b) provide and receive additional Personal Information or other information from your SNS Account provided you are notified about this when you link your Bamboo Account with the SNS Account.
5.6. You agree and acknowledge that neither does Bamboo influence, censor, control, monitor, or verify the data or information that you may provide and store on any SNS Account for any purpose, including without limitation, for completeness, correctness, legality, or non-infringement nor is Bamboo responsible in any manner for such data or information.
6. Communications Data, Recordings and Consent to Use
6.1. Bamboo enables a Customer and a Pro to communicate with each other and with Bamboo using phone calls, video chat, audio chats, text messages and in app messages, either through Bamboo Platform and/or third party communication services.
6.2. You hereby expressly consent and permit Bamboo and any parties involved in providing this service to collect, monitor, record, store and use the communications content, details of the communication and the related Personal Information, including without limitation, time and duration of communication, its content, and the name and likeness of the Users involved. You hereby grant Bamboo an unfettered, irrevocable and perpetual right and license to use such communication (in whole or in part) and collected information in the manner Bamboo deems fit at Bamboo’s sole discretion including for providing better customer support, resolution of disputes between Users, escalation of User issues, marketing of the Website and Bamboo Services through any mode and medium, improving the Bamboo Services, obtaining feedback about Customers and Pro Services, analytics, and for other safety and security purposes.
6.3. You acknowledge and agree that Bamboo may conduct video interviews of the Pros and Customers before, during and after the Project. You also agree that Bamboo may photograph or make a video recording of the Premises and the Pros while they provide the Pro Services during the Project.
6.4. The video interviews, photographs, and videos collected/created by Bamboo as above form part of Platform Content. To know more about Bamboo’s rights in the Platform Content, please refer to Clause 19.
7. Process Overview for Customers
7.1. 3D Scan
After a Customer contacts Bamboo, Bamboo may request permission for a visit to the Premises by Bamboo’s representatives to carry out a 3D scan of the Work Areas.
7.2. Free Consultation
The 3D scan of the Premises is followed by a free consultation by Bamboo where Bamboo assesses and identifies the intended scope of work of the Project based on Customer’s requirements, size of the Work Areas and complexity of the Project. Bamboo typically does a video call and documents the scope of work of the Project. The 3D scan and recording of the video call form a part of the Platform Content. To know more about Bamboo’s rights in the Platform Content, please refer to Clause 19.
7.3. Cost Estimate
Based on Bamboo’s initial assessment and discussions with the Customer, Bamboo’s Construction Operations Team will prepare a cost estimate for the entire Project. Please note that any cost estimate provided by Bamboo at this stage is only an approximate figure based on the limited assessment of the Project by Bamboo’s representative and does not bind Bamboo in any manner. The cost estimate forms part of the Platform Content.
7.4. Design Consultation
If the Customer wishes to proceed with the Project, the Customer can avail paid design consultation for the Work Areas by selecting an interior designer and/or a 3D artist from amongst the Pros registered on the Bamboo Platform. With the assistance of the selected Pro(s) and the Construction Operations Team, a Customer can choose the style, color and finishes for the Project and visualize how the Work Areas will look once the Project is completed. The Customer acknowledges and understands that the 3D images, videos and/or the interactive environments created by the Pro is a computer generated close estimate of the desired outcome but in no way does Bamboo guarantee or take responsibility that the final outcome of the Project will exactly be the same as the 3D content provided to the Customer. Variations may occur due to a variety of reasons including difference between the display material used in the 3D image/video and the Material finally approved and used, availability of the approved Material, difference between the approved samples and actual Material supplied by the manufacturer or Material purchased by the owner, lapse of time and other environmental factors such as sunlight, rain or other reasonable factors impacting the Project. The charges for design consultation will vary depending upon the hourly charges of the selected Pro(s), the scope of the Project and deliverables, the time taken by the selected Pro(s) for completing the designs and the time spent by any member of the Construction Operations Team on design consultations. The design consultation forms part of the Platform Content.
7.5. Detailed Plan
7.6. Appointment of Project Manager
After submission of the Detailed Plan, Customer can then hire a Project Manager from the Bamboo Platform to discuss the Project. Please note that any changes to scope or details of the Project at this stage may require the Customer and/or Bamboo to revisit all or some of the steps above again, including without limitation, availing Pro Services for design consultation and preparation of a Detailed Plan by Construction Operations Team.
7.7. Approved Plan and Approved Charges
When the Customer is ready to enter the build phase and start the construction of the Project, he or she will need to inform Bamboo in writing via email or the Bamboo Platform. Before Bamboo starts a Project, Bamboo will also need the Customer or its authorized signatory to approve the agreed Detailed Plan (“Approved Plan”) in writing and accept the Pro Fees, Bamboo Charges and any other charges specified there under (“Approved Charges”) via email or through the Bamboo Platform. The Approved Plan and the Approved Charges will be binding on the Customer and may not be varied except as specifically provided under these Terms, provided however, the Customer may in its discretion terminate the Project at any time and pay for the work undertaken till the date of termination. Clause 27 lists the various grounds on which the Agreement can be terminated and the consequences of termination of the Agreement.
The combined efforts of a number of Pros providing specialist Pro Services such as excavation and foundation, framing and insulation and drywall and finish work are required for a Project. The Customer shall, depending on the requirement of the Project, review and select the requisite Pros for the Project from amongst the Pros registered on the Bamboo Platform. Except due to the occurrence of any Force Majeure Event or any delay on the part of the Customer in approving the Pros, Bamboo will undertake all reasonable efforts to start the construction work on the Premises on the agreed date.
7.9. Review of Ongoing Project
Construction Operations Team will review and manage the progress of the Project on daily basis and any time spent for such review by the Construction Operations Team will be chargeable in accordance with the Approved Plan.
8. Time Keeping by Pro
8.1. Every Pro working on a Project is required to inform the Construction Operations Team when he or she commences providing Pro Services for a Project every day and when he or she ceases providing Pro Services.
8.2. A Pro, who provides interior designing or project management services, may choose to manually log the duration of Pro Services provided by him or her for a Project in the Application on a daily basis within 24 hours of the work period being claimed having been completed. The billing for each week will be calculated at 6PM US Central time on Friday. Therefore, any hours worked before this time cut off but reported and approved by the Construction Operations Team after this cut off will be compensated as appropriate in the following week’s billing cycle.
8.3. In addition to the information logged by a Pro, the Application may gather information about a Pro and the duration of Pro Services provided by him or her for a Project automatically, by tracking the duration for which a Pro remains signed-in to a Project task in the Application, through precise or approximate location information determined through GPS, IP address and Wi-Fi, and by video and/or audio recordings and photographs taken by the security cameras installed at the Work Areas. Location information about a Pro will be collected when the Application runs in foreground (i.e. when the Application is open and onscreen) or the background (i.e. when the Application is open but not onscreen).
8.4. Bamboo may also consult the respective Project Manager and/or the Construction Operations Team to determine the duration of Pro Services provided by a Pro for a Project. Pro agrees and acknowledges that Bamboo may in its sole discretion reduce the duration of Pro Services provided by a Pro for a Project as recorded by the Pro and/or in the Application if such duration is not corroborated by the: (a) duration of sign-in automatically recorded by Application; or (b) location information of a Pro collected by GPS, IP address and Wi-Fi; or (c) the video and/or audio recordings and photographs of the Pro taken by the security cameras installed at the Work Areas; or (d) the Project Manager and the Construction Operations Team for the respective Project. Bamboo may also at its sole discretion increase the duration of Pro Services provided by a Pro for a Project compared to recorded values if a Pro can provide evidence of additional time worked and approved by the Project Manager and the Construction Operations Team for the respective Project.
8.5. Pro and the Customer agree and acknowledge that Bamboo’s determination as to the duration of Pro Services provided by a Pro for a Project will be conclusive and final and will not be subject to any challenge. The Pro further agrees that he or she will only be paid for such number of hours as per Clause 9.5 as Bamboo may in its sole discretion determine as above.
8.6. Pro consents to Bamboo sharing the information contained in the Application with the relevant Customer, Project Manager, Construction Operations Team or any other person administering or managing the Work Areas.
8.7. Pro who fails to appropriately record hours as above, or does not consent to being videotaped in the Work Areas may not be paid for the corresponding time unless approved by the Construction Operations Team in writing.
9. Invoicing and Payments
9.1. Customer Invoicing
Customer agrees and acknowledges that Bamboo may invoice him or her periodically for the duration of Pro Services provided, associated Bamboo Charges and any other related costs forming a part of the Approved Charges or the Additional Charges, as applicable (“Actual Charges”), at a frequency and in a manner Bamboo may in its sole discretion deem appropriate (“Periodic Invoice”). The Periodic Invoice will be immediately due upon presentation. The duration of Pro Services charged by Bamboo to the Customer in any Periodic Invoice will be final and conclusive and will not be subject to any dispute by Pro or Customer.
9.2. Instructions to Pay
Customer will inform Bamboo about the preferred Modes of Payment via the Bamboo Platform. Customer hereby authorizes Bamboo to charge the Mode of Payment for the Actual Charges. Customer agrees and acknowledges that, save as otherwise provided under Clause 9.4, the Actual Charges charged by Bamboo on the Mode of Payment will be non-refundable.
9.3. Review of Periodic Invoice by Customer
Customer shall have the right to review the Periodic Invoice within a period of seven (7) days from the date of issuance of the Periodic Invoice (“Invoice Review Period”), failing which the Customer will be deemed to have accepted and approved the concerned Periodic Invoice waiving his or her right to dispute such invoice. During the Invoice Review Period, a Customer can only review the hours of Pro Services invoiced and not the quality of the Pro Services. In the event a Customer disputes any Periodic Invoice before the expiry of the Invoice Review Period (“Disputed Invoice”), Bamboo will investigate the Disputed Invoice to validate the hours spent on Pro Services and determine, in its sole discretion, if any extra hours have been charged to the Customer. Bamboo’s determination as to the number of hours invoiced in the Disputed Invoice will be final and binding and will not be subject to any further dispute by the Customer.
9.4. Set-Off and Refund
If, upon review, Bamboo determines that extra hours have been charged under the Disputed Invoice, the corresponding charges will be set-off by Bamboo against the subsequent Periodic Invoice(s). In case any balance remaining unadjusted up to the final Periodic Invoice raised for the Project, Bamboo will refund the unadjusted amount to the Customer via the same Mode of Payment as used for making the payment of the concerned Disputed Invoice.
9.5. Payment to a Pro
In order to start work on any Project, a Pro may be required to sign a separate document setting out the key conditions of the arrangement between Bamboo and a Pro, the payment terms, and other key terms and conditions applicable to Pro Services (“Key Conditions”). Pro agrees that Bamboo will directly invoice and collect monies for Pro Services from the Customers and, in no event, shall a Pro approach a Customer directly to collect monies for Pro Services provided by him or her. Pro further agrees that he or she will not change the hourly charge out rate during the continuation of a Project and will not attempt to circumvent Bamboo by directly approaching a Customer for work. Pro acknowledges that breach of the above terms and/or any other Key Conditions agreed in writing by the Pro will result in termination of the Agreement as specified in Clause 27.
Except when Bamboo is unable to pay a Pro for reasons as specified under Clause 14.3 or for reasons beyond Bamboo’s reasonable control, Bamboo will pay a Pro at the end of every Friday of a week for the hours of Pro Services provided by the Pro during such week and validated by Bamboo as per Clause 8.
Payments will be done by Bamboo to the Bamboo Pro Card or PayPal or the bank account designated by the Pro which can be changed by providing at least thirty (30) days written notice to Bamboo or via the Application. Unpaid amounts, if any, for a week will be rolled over to the subsequent week for payment as above without any liability on Bamboo whatsoever. Pro acknowledges that the use of Bamboo Pro Card is governed by Bamboo Pro Card Terms which can be made available on request by Bamboo and by agreeing to be paid through the Bamboo Pro Card, Pro accepts and agrees to the Bamboo Pro Card Terms.
9.6. Mode of Payment by Customer
During the subsistence of the Agreement, Customer hereby irrevocably authorizes Bamboo to charge Customer’s agreed primary Mode of Payment for the Actual Charges as per Clause 9.2, or, if Bamboo is unable to charge Customer’s agreed primary Mode of Payment, charge Customer’s secondary Mode of Payment for such Actual Charges. The Customer hereby irrevocably authorizes Bamboo to: (a) share Customer’s Personal Information with the payment processor processing Customer’s payment instructions; and (b) run credit or debit card authorization on the credit or debit card(s) provided by Customer.
By providing Mode of Payment information to Bamboo, Customer represents, warrants and covenants that: (a) Customer is legally authorized to provide such information; (b) Customer is legally authorized to pay using the Mode of Payment; (c) such action does not violate the terms and conditions applicable to Customer’s use of such Mode of Payment or applicable laws; (d) there are sufficient funds or credit available to pay the Approved Charges using the designated Mode of Payment.
Notwithstanding anything contained in the Agreement, a Customer will be deemed to have failed to pay any amount due under the Agreement if the Customer, including without limitation, cancels its authorized Mode of Payment or initiates an improper chargeback.
9.8. Consequences of Non-Payment
Without limiting other available remedies, Customer must pay Bamboo upon demand, any amount owed under the Agreement, together with interest on the outstanding amount at the rate of one percent (1%) per month from the due date until payment of the amount due in full, plus attorneys’ fees and other costs of collection to the extent permitted by applicable laws. Bamboo may, at its discretion, set off amounts due against other amounts received from or held by Bamboo for Customer, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution. Further, Bamboo may also suspend all activities related to the Project and/or Customer’s Bamboo Account until the amount due is paid in full by the Customer, and the estimated completion date of the Project under the Detailed Plan shall stand extended accordingly.
Pro will be solely responsible for determining whether he or she is required by applicable laws to issue any invoices for the Pro Services and pay taxes on the Pro Fees. Pro agrees and acknowledges that, unless Bamboo chooses to do so at its sole discretion, Bamboo will not be responsible for: (a) identifying or collecting any taxes (including value added tax, goods and services tax, income tax or any other taxes) or charges that may apply to Pro Fees; (b) remitting any taxes or charges to the appropriate authorities on behalf of a Pro; or (c) withholding any amount of the Pro Fees.
Pro acknowledges that Bamboo will provide Form 1099-Misc and Form W-9 annually to the Pro electronically via the Bamboo Platform.
Pro agrees to indemnify and hold harmless Bamboo, its employees, directors, officers and agents against any costs, claims or expenses arising from the requirement to identify, collect and pay any taxes or withhold and pay any withholding amount to the appropriate authorities (including penalties and interest). In the event Bamboo is subject to an audit, the Pro agrees to promptly cooperate and provide copies of any documents as may be reasonably requested for purposes of such audit, including without limitation, the records showing the Pro is an independent contractor distinct from and not employed by Bamboo. Customer hereby authorizes Bamboo to set-off any amounts payable by Pro under this Clause against any future amounts of the Pro Fees payable by Bamboo to the Pro.
9.10. Payment Processing Fees
Unless otherwise indicated, Customer agrees to pay a payment-processing fee of 2.75% on each payment made via a credit card. Customer agrees to abide by the terms and conditions of use of the credit card issuer or any other payment processor used to make the payments under this Agreement.
9.11. Payment processing through bank
Should Bamboo decide to permit a Customer to pay any amounts owed under the Agreement via automated clearinghouse (“ACH”) transfers from his or her designated bank account, the Customer hereby authorizes Bamboo to electronically debit and, if necessary, electronically credit Bamboo’s designated bank account via ACH for such amounts pursuant to the Agreement. Customer agrees to comply with ACH rules issued by the National Automated Clearing House (NACHA) and all applicable laws. Customer can revoke the authorization for ACH transfers by contacting Bamboo or by removing his or her bank account information from his or her Bamboo Account. Until revoked, Customer’s authorization for ACH transfers will remain in full force and effect. Bamboo will need seven (7) days from the date of receipt for processing Customer’s request for change in ACH or cancellation of ACH.
Customer can view the ACH transactions by logging into his or her Bamboo Account. Customer must inform Bamboo of any errors or discrepancies in his or her Bamboo Account transaction history within 14 days of when he or she could view the error or discrepancy in his or her Bamboo Account transaction history. If Customer fails to do so, he or she will forfeit the right to contest the error or discrepancy, except to the extent the forfeiture is not permitted by applicable laws.
Bamboo will endeavor to correct any error or discrepancy promptly once it is brought to Bamboo’s attention. Where an error or discrepancy is caused by a Customer, Bamboo reserves the right to offset any costs incurred in correcting an error or discrepancy.
9.12. Rounding up and down
Bamboo generally supports payment amounts that are payable from or to a Customer or a Pro to the smallest unit of a given supported currency (i.e., U.S. cents, Euro cents or other supported currencies). If Bamboo’s third-party payment services provider does not support payments in the smaller units of a given supported currency, Bamboo may, in its sole discretion, round up or round down the displayed amounts that are payable from or to a Customer or a Pro to the nearest whole base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Bamboo may round up an
10. Procurement of Material and Manufacturer’s Warranty
10.1. Materials required for the Project may be procured by Bamboo or the Pro for the Customer or the Customer may choose to purchase the same directly from the sources he or she deems fit. In the event Bamboo procures the Materials on behalf of the Customer, Bamboo will charge the Customer the cost of Materials and any bank or payment processing fees that Bamboo may have incurred on the purchase.
10.2. Customer acknowledges that Materials manufactured by others but supplied by Bamboo as part of the Project are not warranted by Bamboo. Such Materials are subject to product warranties, if any, provided by their manufacturers and/or the retailers that sell them. To the maximum extent permitted by law, Bamboo hereby disclaims any representations and warranties, express or implied, applicable to any Materials including any warranty of title, merchantability, habitability, fitness for a particular purpose or non-infringement.
10.3. Manufacturer’s and/or retailer’s warranty may not be available or rendered void if (a) the Material is not maintained or used by Customer in accordance with manufacturer’s and/or retailer’s instructions provided with the Material; or (b) Material is repaired or maintained by unauthorized personnel; or (c) if the Pro fails to observe the necessary instructions during installation of the Material in the Work Areas.
10.4. Upon discovery of a defect or deficiency in the Material, Customer must promptly contact the manufacturer and/or the retailer at his or her own cost. Customer hereby expressly agrees and acknowledges that Bamboo will not be liable for any claims for direct, indirect, consequential, incidental, or special damages, including lost profits or revenues, arising out of or in any way connected with a manufacturer’s or retailer’s breach or failure to honor warranty and/or any failure, delay in use or performance of Material or acts or omission of any Pro rendering the manufacturer’s and/or retailer’s warranty void.
10.5. Pro shall ensure that all Materials are installed in strict conformance with all of the manufacturers' or retailer’s instructions.
11. Title to Material
11.1. Customer will bear the cost and expense of transporting Material to the Premises, including without limitation, the cost of packing, transportation, customs clearance at the port of origin, and at the place of delivery of Material. Customer shall ensure that any Material that the Customer purchases directly (including imported Material) is permitted to be installed as part of the Project and to be subsequently used, by the federal, city, state and municipal laws, that govern the location where the Project is being carried out. Bamboo will not be responsible if the completion of the Project is delayed due to Customer’s failure to identify, obtain, or maintain such licenses, approvals, permits, or registrations.
11.2. The responsibility for care and custody together with the risk of loss or damage of such Material till the Project is completed will remain with Bamboo. However, notwithstanding the above, any damage or loss caused to the Material due to the negligence or willful misconduct of a Customer or due to the Customer acting against the advice of Bamboo or a Pro, will be to the sole account of such Customer.
12. Third Party Contractor and Interfacing
12.1. Customer can choose to hire any Third Party Contractors for the Project. Bamboo or the Pros will not be responsible in any manner whatsoever for the co-ordination, performance, safety or efficiency of the Third Party Contractors in relation to the Project or otherwise.
12.2. Customer agrees and acknowledges that sequencing, timing of Pro Services and their execution, coordination and integration with work, if any, being carried out in parallel in the Premises by a Third Party Contractor (“Related Work”) is of utmost importance for timely and successful completion of the Project. Customer agrees to bear any costs that may be incurred in ensuring compatibility, coordination and interfacing between the Pros and the Third Party Contractors, and Bamboo shall not be responsible in any manner for integration of Pro Services and Related Work or any delays caused in relation thereto.
12.3. Customer shall ensure that Third Party Contractors are appropriately insured against injuries to person and damage to property, observe all federal, state, city and municipal laws and regulations applicable to provision of their services for a Project, including without limitation laws and regulations related to health, environment, safety, conduct and against illegal discrimination and harassment.
12.4. Further, Bamboo will not be responsible in any manner whatsoever if any loss is caused to the Premises or additional costs are incurred by the Customer due to faulty Related Work or negligence or misconduct of the Third Party Contractor and, any Pro Services required to be re-performed by the Pros or additional Materials required to be purchased due to reasons attributable to the Third Party Contractor will be chargeable over and above the Approved Charges.
12.5. Customer will verify the compatibility between the drawings and plans (if any) of Related Work and the Project and will bear any costs associated in removing any incompatibility therein.
13. Completion of Project and Sign-Off
13.1. Subject to the Customer being in compliance with the terms of the Agreement and undertaking the necessary actions required for commencement or during continuation of a Project, Bamboo will use commercially reasonable efforts to commence and complete a Project as per the expected timelines provided under the Detailed Plan. Customer hereby expressly agrees and acknowledges that Bamboo will not be liable for any claims for direct, indirect, consequential, incidental, or special damages, including lost profits or revenues, arising out of or in any way connected with Bamboo’s failure to complete the Project by the estimated completion date for any reasons whatsoever.
13.2. Bamboo will notify the Customer once the Project is complete. Within fourteen (14) days from the date of notification, the Customer and Bamboo will carry out a walk-through of the Work Areas to inspect the Project. In the event the Customer is satisfied that the Project is complete, he or she will sign-off the Project in a format provided by Bamboo.
13.3. If the Customer is not satisfied with any aspect of the completed Project, Customer and Bamboo will jointly prepare a list of all outstanding activities in context of the Project including any Cosmetic Defects noticeable during the inspection (“Punch List”). Bamboo will inform the Customer once Bamboo completes all outstanding activities set out in the Punch List. Within seven (7) days of being so informed, the Customer and Bamboo will again carry out a joint inspection of the Work Areas and, if the Customer is satisfied that the Project is complete, he or she will sign-off the Project in a format provided by Bamboo. The date on which the Customer signs-off on the Project as complete will be the “Project Sign-off Date”.
13.4. If the Customer is of the view that all outstanding activities set out in the Punch List have not been completed, the Customer may within fourteen (14) days of such inspection raise a Dispute as per Clause 34 of these Terms. In such case, Project Sign-off Date will be the date agreed to by the parties during Informal Discussions or arbitration under the Arbitration Clause.
14. Pros’ Obligations and Quality of Pro Services
14.1. Pro agrees and acknowledges that the Pro Services offered on the Bamboo Platform is personal to the Pro and he or she may not assign his or her obligations to provide Pro Services for a Project, in whole or in part, to any other person whosoever.
14.2. Pro agrees and undertakes that:
14.3. Pro agrees to promptly rectify, remove or re-perform the Pro Services (as applicable or required by the Construction Operations Team) at his or her own cost without any additional payment if:
Pro further agrees that he or she will not be entitled to receive Pro Fees for such poor or inferior Pro Services or out of scope work if he or she fails to undertake corrective measures as above to Bamboo’s satisfaction. Further, Bamboo may choose not to pay a Pro if there is any unreasonable delay in providing the Pro Services/Deliverables.
14.4. Within seven (7) days from the date of performance of Pro Services, a Customer agrees to inform the Construction Operations Team if the quality of Pro Services is poor or inferior or the work undertaken by a Pro is outside the scope of the Project or is otherwise not in accordance with the terms and conditions of the Agreement. If a Customer fails to notify the Construction Operations Team as above, he or she will be deemed to have unconditionally accepted the Pro Services and work undertaken by a Pro and be liable to pay for the same.
15. Pro’s Safety Obligations
15.1. Pro is solely responsible for identifying and complying with applicable laws related to provision of Pro Services for a Project, including without limitation laws and regulations related to health, environment, safety, conduct and against illegal discrimination and harassment.
15.2. Pro agrees that he or she shall be solely responsible for determining the manner in which Pro Services are to be provided and will not take any directions on how to provide Pro Services from a Customer or Bamboo, also as specified under Clause 16.3. Pro further agrees not to perform any activity that he or she does not feel comfortable undertaking.
15.3. Pro agrees and acknowledges that Work Areas are accident-prone and he or she must observe safety measures and take precautions consistent with applicable laws and good industry standards, while providing the Pro Services for a Project. Please refer to the ‘Safety Suggestions for Pros’ that provide a list of safety tips for the Pros. This list is by no means exhaustive and a Pro must at all times adopt a common-sense approach for his or her safety.
15.4. In the event an indiscretion or accident occurs as a result or in connection with performance of Pro Services at a Premises, whether or not it results in any injury, death, or damage to property, the Pro agrees to: (a) promptly inform 9-1-1, if there is a medical emergency, or other emergency services as required; (b) promptly report the matter to Construction Operations Team; (c) not disturb or remove anything and keep clear of the incident site; and (d) document the names of persons affected, time of incident, the incident briefly, witnesses present on the incident site and collect photographic or video evidence of the incident site. Pro agrees to report any accident reportable as per the Occupational Safety and Health Administration (“OSHA”), within the timelines specified by OSHA. Pro further agrees to comply with any other obligations prescribed by OSHA in connection with workplace security or in the event of an accident.
15.5. Pro acknowledges that Bamboo has obtained worker’s compensation insurance and in case the Pro suffers any injury due to accident or indiscretion while providing Pro Services as mentioned above, he or she will be entitled to receive compensation as per the terms of the then prevailing worker’s insurance policy. Please refer to Clause 28 for further information on insurance coverage for Pros. Pro agrees and acknowledges that such indiscretion or accident may: (a) prompt Bamboo to remove the Pro responsible for the indiscretion or accident from the Project; or (b) result in termination of the associated Project or the Pro’s Agreement. If Bamboo terminates the associated Project or the Pro’s Agreement, the consequences set out in Clauses 27.4 and 27.5 shall apply.
15.6. Pro hereby agrees and acknowledges that Bamboo will not be liable for any claims for direct, indirect, consequential, incidental, or special damages, including lost profits or revenues, arising out of or in any way connected with: (a) a Pro or Customer’s breach of his or her safety and work condition obligations under the Agreement; and (b) Bamboo’s decision to remove a Pro, or terminate a Project or the Pro’s Agreement.
16. Customer’s Safety Obligations, Video Surveillance and Work Conditions
16.1. Customer agrees and acknowledges that he or she is solely responsible for (a) maintaining a safe environment for conducting Pro Services; and (b) complying with all federal, state, city, and municipal laws related to a Project and for availing Pro Services for a Project;
16.2. Customer understands that Work Areas are accident-prone and he or she must observe safety measures and take precautions when visiting a Work Area. Customer must minimize the number and duration of his or her visits to Work Areas. Please refer to the ‘Safety Suggestions for Customers’ that provides a list of safety tips for the Customers. This list is by no means exhaustive and a Customer must at all times adopt a common-sense approach for his or her safety.
16.3. A Customer can discuss with the Construction Operations Team on the scope of activities and the choice of the finishes, fittings, accessories, and decorations. Customer may not, however, discuss directly with the Pro or instruct the Pro on the manner in which Pro Services are to be provided or ask the Pro to provide any services which is outside the scope of the services set out in the Approved Plan.
16.4. Pro may refuse to provide Pro Services, if he or she is of the opinion that: (a) it is unsafe to provide the Pro Services in the given circumstances or there is a risk of injury or physical harm in providing such Pro Services; (b) the activity that the Customer requires him or her to perform is in breach of the Agreement, applicable laws, good industry practice, the licenses, registration, permits and approvals granted to him or her or the Project, or is unreasonable. In such an event, the Customer will not: (a) attempt to coerce, influence, pressurize, incentivize, or compel the Pro to provide Pro Services or undertake such activity; and (b) promptly report the matter to Construction Operations Team mentioning the circumstances prompting stoppage of Pro Services.
16.5. Pro must inform the Construction Operations Team promptly about: (a) his or her refusal to provide Pro Services or undertake any activity; and (b) any attempts that may have been made by the Customer to coerce, influence, pressurize, incentivize, or compel the Pro to provide Pro Services or undertake such activity.
16.6. Bamboo proposes to install security cameras in the Work Areas and at the entrances to the Work Areas to photograph and/or make a video recording of the Work Areas and their entrances. The photographs/footage so collected by the security cameras installed in the Work Areas is referred to as “Security Camera Footage”. The security cameras may also capture some footage of the Premises outside of the Work Areas. The security cameras are meant to track the time spent by a Pro on the Project, the progress of the Project and allow the Construction Operations Team to monitor the people in the Work Areas and conduct after-the-fact investigation of any incidents occurring in the Work Areas. Bamboo will inform the Customer about the number and locations of the security cameras and take the Customer’s consent before installing such security cameras. The Customer will have certain rights with respect to operation of the security cameras and dealing with the Security Camera Footage which will be communicated to the Customer by Bamboo at the relevant time. For more information about the installation of security cameras, usage of the Security Camera Footage and Customer’s and Bamboo’s rights with respect to the Security Camera Footage is provided in the Video Surveillance Policy. The Security Camera Footage forms a part of the Platform Content. To know more about Bamboo’s rights in Platform Content, please refer to Clause 19.
16.7.To regulate entry of a Pro into the Work Areas, Bamboo also proposes to install locks or other entry devices (including digital connected locks that can be controlled by the Applications) at the entrance(s) to the Work Areas. Once installed, Bamboo intends to use both security cameras and locks to regulate and monitor the entry of a Pro to the Work Areas and allowing a Pro to enter the Premises only when permitted to do so by the Customer or the Construction Operations Team.
16.8. Customer agrees to allow only the Pro(s) chosen by him or her to provide Pro Services to access the Work Areas. Customer agrees to notify Bamboo promptly and refuse entry if any individual other than a Pro chosen by him or her attempts to gain access to the Premises or the Work Areas. Bamboo will not be responsible in any manner for any loss, damage or costs suffered by the Customer due to unauthorized access granted by the Customer to any person other than the Pros selected through the Bamboo Platform.
16.9. Any time during a Project, the Customer may prohibit a Pro from entering certain area(s) of the Premises (“Secured Areas”). The Customer agrees that upon occurrence of a time critical event such as a water pipe burst, fire, etc. that requires access to the Secured Areas, the Construction Operations Team shall make best efforts to contact the Customer before accessing the Secured Areas. In the event the Customer is unavailable or it is not possible to contact the Customer and in the reasonable opinion of the Construction Operations Team the matter requires immediate intervention, the Construction Operations Team shall be entitled to contact the relevant emergency services and enter or permit a Pro(s) or other emergency service provider to enter the Secured Areas.
16.10. Customer agrees to inform the Construction Operations Team immediately upon becoming aware or suspecting that a Pro has: (a) entered or attempted to gain unauthorized entry into the Premises or the Secured Areas; or (b) committed or attempted to commit a theft in the Premises. Please refer to Clause 21.1 to know more about Bamboo’s liability in case a Pro commits a theft.
16.11. In the event an indiscretion or accident occurs as a result or in connection with performance of Pro Services at a Premises, whether or not it results in an injury, death, or damage to property, the Customer agrees to: (a) promptly inform 9-1-1, if there is a medical emergency, or other emergency services as required; (b) promptly report the matter to Construction Operations Team; (c) not disturb or remove anything and keep clear of the incident site; and (d) document the names of persons affected, time of incident, the incident briefly, witnesses present on the incident site and collect photographic or video evidence of the incident site.
16.12. Customer agrees and acknowledges that such indiscretion or accident may: (a) prompt Bamboo to remove the Pro responsible for the indiscretion or accident from the Project; or (c) result in termination of the associated Project or the Pro’s Agreement. If Bamboo terminates the associated Project or the Pro’s Agreement, the consequences set out in Clauses 27.4 and 27.5 shall apply.
16.13. Should the Customer decide not to select an alternate Pro, he or she may terminate the Project or the Agreement or hire a Third Party Contractor to perform the relevant services. In the event of termination, the consequences set out in Clauses 27.4 and 27.5 shall apply. If a Third Party Contractor is hired, the Customer must comply with the terms of Clause 12.
16.14. Customer hereby agrees and acknowledges that Bamboo will not be liable for any claims for direct, indirect, consequential, incidental, or special damages, including lost profits or revenues, arising out of or in any way connected with: (a) a Pro or Customer’s breach of his or her safety and work condition obligations under the Agreement; (b) Pro’s refusal to provide Pro Services for reasons set out in Clause 16.4; and (c) Bamboo’s decision to remove a Pro or terminate a Project or the Pro’s Agreement.
17. Pro’s Access to the Premises
17.1. Pro agrees and acknowledges the following with respect to his or her access to the Premises:
17.2. Pro shall immediately vacate the Premises or any part thereof when asked to do so by the Customer or the Construction Operations Team.
18. Types of Content and Related Guidelines
18.1. Types of Content
The content available on the Bamboo Platform that the Users may be able to view and access can be divided into the following categories:
Portfolio Content, Bamboo Content and Platform Content are collectively referred to as "Collective Content".
18.2. Guidelines for providing Portfolio Content and Platform Content
Both Customer and Pro shall ensure and hereby represent and warrant that the Portfolio Content and Platform Content that he or she provides, creates, or is a part of, will not:
18.3. Bamboo’s dealing with Portfolio Content and Platform Content
The User agrees and acknowledges that Bamboo has the right, but not an obligation to:
18.4. Responsibilities and Liabilities arising from Portfolio Content and Platform Content
A User alone is responsible for any consequences (including any legal proceedings or claims for loss of goodwill or business opportunities) that may arise because of the Portfolio Content and/or the Platform Content that he or she generates/provides on the Bamboo Platform. Bamboo disclaims all responsibility and liability that may arise from or be related to Bamboo’s use, reproduction, adaptation, modification, translation, publication, exhibition, display, or dissemination, on and through any media, now known or hereinafter developed, of the Portfolio Content and/or the Platform Content generated by a User or any derivative work created therefrom (notwithstanding that such Portfolio Content or Platform Content may be held to be defamatory, illegal, or liable for legal action).
Customer acknowledges that he or she shall be solely responsible for his or her decision to engage any Pro based on the Portfolio Content and/or Platform Content (such as feedback and ratings) and shall not raise any claim or action against Bamboo for any impersonation, misrepresentation, or misdemeanors of a Pro.
18.5. Representations and Warranties for Portfolio Content
The User hereby represents and warrants that:
18.6. Infringing Portfolio Content
If any User or a third party believes that any Portfolio Content on the Bamboo Platform breaches his or her Intellectual Property Rights, such person may notify Bamboo in writing by email to [email protected] and, additionally by mail to 649 Mission St, 5th Floor, San Francisco, CA 94105.
Upon receipt of a notice, Bamboo may, including without limitation remove such Portfolio Content or information from the Bamboo Platform. This or any other action are taken without any admission of liability and without prejudice to any other rights, remedies or defenses that Bamboo may have under law or equity, all of which are expressly reserved.
19. Ownership of Content and Grant of Rights
19.1. Ownership of Portfolio Content
Save and except the rights granted by a User to Bamboo under Clause 19.2 below, all rights, title and interest in the Portfolio Content shall continue to vest in the concerned User. Bamboo does not claim any ownership rights in any Portfolio Content and nothing in these Terms will be deemed to restrict any rights that a User may have to use and exploit any Portfolio Content.
19.2. Grant of Rights to Bamboo in Portfolio Content
19.3. Ownership of Bamboo Platform, Bamboo Content and Platform Content
19.4. Grant of Limited License to User
Subject to a User’s compliance with this Agreement, Bamboo grants the User a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Application on his or her personal device(s); and (ii) access and view any Collective Content made available on or through the Bamboo Platform and accessible to the User, solely for his or her personal and non-commercial use. The User does not have any right to sublicense the license rights granted in this clause. No licenses or rights are granted to a User by implication or otherwise under any Intellectual Property Rights owned or controlled by Bamboo or its licensors, except for the licenses and rights expressly granted under these Terms.
A User hereby waives, to the extent legally permitted, his or her right to assert that the Collective Content and/or derivative work created from it:
20. Loss or Damage to Person or Property; Customer’s Insurance Policy
20.1. Customer agrees and acknowledges that Bamboo is not an insurance company and does not insure the Premises or the Customers against physical loss or damage to the Premises or any personal or other property at the Premises or any bodily injury caused by a Pro while providing Pro Services. We only provide a limited claim facility in terms of Bamboo Protection Plan as set out under Clause 21.
20.2. Customer represents and warrants that he or she has and will maintain throughout the term of a Project standard home owner’s insurance policy with adequate insurance cover for the Premises from a reputable insurance provider (“Customer’s Insurance Policy”). Customer agrees and acknowledges that in case of physical loss or physical damage to the Premises or any personal or other property at the Premises or any bodily injury caused by a Pro while providing Services, the Customer will first make a claim against the Customer’s Insurance Policy. Customer must review and understand the terms of his or her insurance policy, specifically what it covers and does not cover.
20.3. Bamboo agrees to cooperate and assist the Customer in good faith, and to provide Customer with such information as may be reasonably requested by the Customer, to make a claim under Customer’s Insurance Policy, including without limitation, executing documents, and doing such further acts as Customer may reasonably request to assist him or her in making a claim.
20.4. Customer acknowledges and agrees that Bamboo has obtained a general liability insurance policy. In the event the Customer has made a claim against its insurance company and has exhausted the Customer’s Insurance Policy, the Customer can make a claim for such appraised but unrecovered loss under the Bamboo Protection Plan. The Customer can refer to Clause 21 to know more about the scope and coverage of the Bamboo Protection Plan. Customer agrees to co-operate and assist Bamboo in good faith, and to provide Bamboo with such information as may be reasonably requested by Bamboo in connection with a claim under Bamboo Protection Plan, including without limitation, executing documents, and doing such further acts as Bamboo may reasonably request to assist Bamboo in making a claim.
20.5. In the event of a conflict or inconsistency between the explanation of insurance coverage set out in the Agreement and an insurance policy offered to Bamboo, the language stated in the insurance policy will prevail.
21. Bamboo Protection Plan
Bamboo is not an insurance company and does not insure its Customers or Pros. Bamboo only makes its protection plans available to the Customers in accordance with this Clause 21. Any insurance that is included in the protection plan is provided through Bamboo’s insurer. As part of the protection plan, Bamboo agrees to pay to the Customer, for the Covered Risk to the extent of the Covered Loss, subject to conditions, limitations, and exclusions in the Agreement (“Bamboo Protection Plan”). Customer agrees and acknowledges that he or she will be eligible to receive the benefit of Bamboo Protection Plan only if he or she complies with the terms of the Bamboo Protection Plan.
It is clarified that:
Customer agrees and acknowledges that any amount of Covered Loss payable under the Agreement will be reduced by the amounts he or she has collected from a source other than Bamboo Protection Plan, including without limitation amounts received under: (a) Customer’s Insurance Policy; and/or (b) an insurance policy obtained by a Pro.
21.3. Conditions to the Bamboo Protection Plan
Any claim can be made against the Bamboo Protection Plan subject to the Customer meeting the following conditions:
21.4. Maximum Coverage
The benefits that can be availed by a Customer under the Bamboo Protection Plan under this clause shall at no time exceed the prescribed Bamboo Protection Plan Limit.
21.5. Additional Insurance
Should a Customer desire to obtain protection above and beyond that offered by the Bamboo Protection Plan, the Customer must obtain additional insurance to cover himself or herself and his or her property against loss or damage caused by a Pro.
22. Bamboo Warranty for Customers
22.1. Bamboo warrants that the quality of Pro Services will be of reasonable standards, in accordance with applicable codes, specifications, terms of the Agreement and prevailing industry standards.
22.2. In the unlikely event the quality of Pro Services is not as warranted, Bamboo agrees to repair, replace or provide substitute services or pay reasonable cost to repair, replace or obtain substitute services for the Cosmetic Defects and Major Structural Defects in the Work Areas for following time periods (“Bamboo Warranty Period”):
For understanding what constitutes a Major Structural Defect and the exclusions thereto, please refer to Bamboo’s ‘Major Structural Defects Policy’. The warranty provided by Bamboo for the Bamboo Warranty Period as above is referred to as the “Bamboo Limited Warranty” which will always be subject to the exclusions as set out in the ‘Exclusions to Bamboo Warranty Policy’.
22.3. Notwithstanding anything contained in the Agreement, any work that the Customer requires Bamboo or a Pro to undertake at the Work Areas against Bamboo’s advice will not be covered by the Bamboo Limited Warranty. Before commencing any such work, Bamboo may require the Customer to execute a waiver in Bamboo’s favor acknowledging that such work will not be covered by the Bamboo Limited Warranty which the Customer must promptly execute failing which, Bamboo or the Pro will not be obligated to carry out such work.
22.4. Only items specifically identified are covered by the Bamboo Limited Warranty. The Bamboo Limited Warranty to correct Major Structural Defects is limited to carrying out such actions as are necessary to restore the load-bearing capability of components affected by the Major Structural Defect. Further, the scope of the Bamboo Limited Warranty is subject to applicable laws, including without limitation, the building codes, and construction standards.
22.5. In case of transfer of ownership of the Premises during the subsistence of the Bamboo Warranty Period, the Bamboo Limited Warranty will be automatically transferred to the new owner of the Premises.
22.6. Any rectification or repair work carried out or substitute services provided pursuant to the Bamboo Limited Warranty will not extend the Bamboo Warranty Period in any manner.
22.7. The Bamboo Limited Warranty cannot be modified, amended, or altered except in accordance with the terms and conditions of the Agreement.
22.8. Any notice in connection with claims or any other actions related to the Bamboo Limited Warranty must be in writing and sent in accordance with the notice provisions of the Agreement.
22.9. Any repairs outside the scope of the Bamboo Limited Warranty will be chargeable at the then prevailing rates. Bamboo will seek prior written authorization from Customer before carrying out any such repairs.
22.10. Customer agrees and acknowledges that Bamboo may not be able to exactly match textures, finishes and/or colors as part of repairs or rectification carried out during the Bamboo Warranty Period.
22.11. In no event will Bamboo’s liability under the Agreement, including without limitation, during the Bamboo Warranty Period exceed the limits set out in Clauses 21 (BAMBOO PROTECTION PLAN) and 23 (LIMITATION OF LIABILITY).
22.12. EXCEPT FOR THE BAMBOO LIMITED WARRANTY SPECIFICALLY PROVIDED BY BAMBOO UNDER THIS CLAUSE 22, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
23. Limitation of Liability
23.1. You acknowledge and agree that, to the maximum extent permitted by law, Bamboo or any other party involved in creating, producing or delivering the Bamboo Platform or providing any service available thereon including Bamboo Services will not be liable, and you agree not to hold Bamboo or such other party liable, for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of business or loss of goodwill or emotional distress.
23.2. Except for Bamboo’s obligation to pay a Customer under Bamboo Protection Plan or Bamboo’s Limited Warranty as per the Agreement, you acknowledge and agree that in no event will Bamboo, its Affiliates’ or third party service providers’ aggregate liability, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory and whether or not Bamboo or such other party has been informed of the possibility of such loss or damage, arising out of or in connection with your access and use of the Bamboo Platform, including without limitation:
will exceed, (a) in case of a Customer, the amounts paid by the Customer for the Project that gives rise to the liability (excluding any cost of Materials and other pass through charges that are not subject to a mark-up); and (b) in case of a Pro, any due but unpaid Pro Fees excluding any worker’s compensation payable under any applicable federal, state and city law.
23.3. The limitation of liability set forth above is the fundamental basis of the bargain between you and Bamboo. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
BAMBOO AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, TITLE, NON-INFRINGEMENT, THOSE ARISING FROM DEALING OR USAGE OF A PRO OR FROM AVAILING A SERVICE AVAILABLE ON OR THROUGH BAMBOO PLATFORM OR RELATING TO ANY SERVICE, DELIVERABLE OR WORK UNDERTAKEN BY A PRO FOR A CUSTOMER. BAMBOO PLATFORM AND ANY SERVICES AVAILABLE THEREON ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CLAUSES 21 (BAMBOO PROTECTION PLAN), 22 (BAMBOO WARRANTY) AND 23 (LIMITATION OF LIABILITY) STATE USERS’ EXCLUSIVE REMEDIES AGAINST BAMBOO AND ITS AFFILIATES WITH RESPECT TO ANY SERVICES AVAILABLE ON THE BAMBOO PLATFORM.
25.1. To the maximum extent permitted by applicable laws, you will indemnify, defend (at Bamboo’s option), and hold harmless Bamboo, its Affiliates, and Bamboo’s respective directors, officers, employees, representatives, contractors and agents (each an“Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from, related or any way connected to: (a) use of the Bamboo Platform and any services available thereon by you or your agents; (b) failure to comply with the Agreement by you or your agents; (c) failure to comply with applicable laws by you or your agents; (d) negligence, willful misconduct, or fraud by you or your agents; (e)failure to identify, obtain and maintain any licenses, approvals, permits, insurances or registrations required under the Agreement and/or to undertake a Project by you or your agents; (f) breach of any representation and warranty provided by you or your agents; and (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
25.2. The provisions of this clause will survive termination of the Agreement.
Representations and Warranties
26.1. Representation and Warranties by Pro
Pro hereby represents and warrants to Bamboo, its Affiliates, and to the Customer that: (a) he or she has full power and authority to execute, deliver, and perform his or her obligations under the Agreement and to carry out a Project contemplated herein; (b) he or she has the requisite skill, qualification, experience, licenses, permissions and insurances to perform his or her obligations under the Agreement and to carry out a Project contemplated herein; (c) there are no actions, suits, proceedings, pending or threatened, to the best of the Pro’s knowledge, before any court or any other judicial, quasi-judicial or other authority, the outcome of which may result in the breach or constitute a default by a Pro under the Agreement or a Project; (d) he or she will provide the Pro Services necessary to perform a Project in a safe and timely manner, consistent with good industry standards, in accordance with the Agreement and requirements of a Project;(e) any Deliverable, forming part of a Project, will be an original work of the Pro; (f) such Deliverable will fully conform with requirements of a Project and the terms and conditions of the Agreement; (g) the Deliverable provided by him or her will not be subject to a security interest, lien, mortgage, encumbrance or any other such right in favor of another person and the Pro waives and releases any lien in respect of any Pro Services in accordance with Clause 30.1; (h) the Pro Services and any Deliverable provided by him or her will be free from any defects, deficiencies, faults or errors; (i) the Pro Services and Deliverable provided by him or her will not infringe or misappropriate the Intellectual Property Rights of another person; (j) he or she possesses and will maintain throughout the term of the Agreement the licenses, registration, permits and approvals necessary to perform his or her obligations under the Agreement and to carry out a Project contemplated herein; (k) he or she will comply with laws and regulations applicable to his or her obligations under the Agreement and a Project; and (l) he or she is not in violation of any Anti-Terrorism Law or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law.
26.2. Representation and Warranties by Customer
Customer hereby represents and warrants to Bamboo and its Affiliates that: (a) where a Customer, is a legal entity, it is duly organized and validly existing under the applicable laws; (b) Customer is the owner of the Premises and is not prevented in any way from carrying out any changes to the Premises; (c) Customer has obtained the necessary licenses, zoning and planning approvals and permits required for the Project; (d) Customer has obtained the necessary permission from the home owners’ association and any other similar body governing the Premises and the Project is in compliance with their approval; (e) where Customer is not the owner of the Premises, the Customer is duly authorized to carry out the Project (f) there are no actions, suits, proceedings, pending or threatened, to the best of the Customer’s knowledge, before any court or any other judicial, quasi-judicial or other authority, the outcome of which may result in the breach or constitute a default by a Customer under the Agreement or a Project; (g) Customer will comply with laws and regulations applicable to Customer’s obligations under the Agreement and a Project; and (h) Customer is not in violation of any Anti-Terrorism Law or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law.
27. Term and Termination
The Agreement will become effective when your first access the Bamboo Platform and will remain in force until the later of, the period you continue to use the Bamboo Platform or the expiry of the Bamboo Warranty Period, unless terminated in accordance with the Agreement.
27.2. Termination by Bamboo
27.3. Termination by User
27.4. Consequences of Termination of Agreement
27.5. Consequences of Termination of a Project
Should a Customer or Bamboo decide to terminate a particular Project but otherwise wishes to continue with the Agreement: (i) Bamboo will immediately close the Project; (ii) Customer will be obligated to immediately pay Bamboo any amount due but unpaid on the date of termination in respect of such Project; and (iii) Customer will continue to be bound by such terms and conditions of the Agreement that expressly or by their nature survive termination of the Project.
In case a Pro does not wish to continue working on a particular Project, Bamboo will offer the concerned Customer one or more Pros qualified to carry out similar services in place of the exiting Pro and the exiting Pro will be entitled to receive any due but unpaid Pro Fees in respect of such Project accruing up to the date of termination.
27.6. Consequences of Suspension of Bamboo Account
If Bamboo suspends your Bamboo Account for any reason then for the period of suspension you will: (i) not to be able to use the Bamboo Platform; and (ii) not be able to provide or receive any services under the Bamboo Platform; and (iii) the duration of any ongoing Project will be extended by a period equivalent to the period of suspension.
27.7. No Claim
You agree that Bamboo will not be liable for any claims for direct, indirect, consequential, incidental, or special damages, including lost profits or revenues, arising out of or in any way connected with: (a) suspension of Bamboo Account; or (b) termination of a Project; or (c) termination of the Agreement and your right to use the Bamboo Platform as above.
27.8. Discontinuation of Services
You agree that Bamboo may in its sole discretion, without prior notice modify or discontinue, temporarily or permanently, all or any portion of the Bamboo Platform including discontinuation of any line of Pro Services or Bamboo Services offered on the Platform. Bamboo is not liable to you for any consequences that may arise from any modification or discontinuance of all or any portion of the Bamboo Platform as above.
28. Insurance coverage for Pros
28.1. Pro acknowledges and agrees that he or she has been informed in writing about the benefits available under the worker’s compensation insurance, the toll free number of the insurance company and other relevant information about the worker’s compensation insurance. Further information can be made available to a Pro on request about the benefits, limits and coverage available under Bamboo’s workers' compensation insurance.
28.2. Any Pro that suffers a an injury or occupational disease will be required to inform Bamboo in writing by email to [email protected], promptly, but in no event later than thirty (30) days from the date of occurrence of such injury or when the Pro comes to know of the occupational disease.
28.3. Pro agrees to provide the Customer and/or Bamboo such other information as the Customer and/or Bamboo may reasonably request in connection with any indiscretion, accident or the occupational disease, self-certifying such information when asked to do so.
28.4. Pro agrees to execute and deliver to Customer and/or Bamboo and their insurers, documents or appear as a witness in a court or arbitration or similar proceeding as may be reasonably required in connection with any indiscretion, accident or occupational disease.
Pro agrees that Bamboo and/or its insurer reserve the right to independently investigate (or to have independently investigated) at their sole discretion and expense, the indiscretion or accident, notwithstanding that a Pro may have had delivered all information and materials that he or she was required to provide Bamboo.
29.1. Bamboo may, from time to time, run promotions for Users. All promotions will be conducted at Bamboo’s sole discretion and may be activated, modified or withdrawn by Bamboo without prior notice. These promotions may only be availed in accordance with the terms and conditions of the respective promotion and the terms of the Agreement. If you have any questions about any promotion run by Bamboo, please write to Bamboo via email at [email protected]
29.2. Promotional Credit
29.3. Referral Credits
You may be given a code that allows you to refer someone to the Bamboo Platform in exchange for a referral credit. You agree not to use any online marketing or advertising to promote such code or to increase artificially the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your friends and acquaintances for legitimate referral purposes, as determined by Bamboo in its sole discretion. Bamboo referral credits are redeemable in accordance with the applicable terms and conditions. These referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting other rights and remedies, Bamboo may terminate such code and/or your account for any breach of this Clause 29.3.
29.4. Gift Cards
29.5. You agree and acknowledge that the participation in any promotion does not create any relationship or arrangement between the Customer, Pro, and Bamboo which is not otherwise expressly created or intended by the Agreement nor do the discount offers or promotional codes represent any wages, salary, or fee that Bamboo is liable to pay a Pro.
29.6. You agree and acknowledge that Bamboo’s liability in respect of any promotion is limited by Clause 23.
30.1. Lien Waiver by Pro
Pro agrees not to create a lien over a Customer’s property or any Deliverable in connection with all Pro Services provided by him or her for a Project. Further, Pro hereby waives, discharges, and releases all liens, claims, and rights to lien against the Premises and, all other property owned by, or the title to which is in the name of the Customer, and against all the funds of the Customer appropriated or made available for a Project, which the Pro may have acquired or may acquire as a result of providing Pro Services in respect of a Project, whether under the Agreement or otherwise. Upon Bamboo’s request, the Pro hereby agrees to promptly execute any document, in a form and substance satisfactory to Bamboo, waiving and releasing any and all liens or rights of liens as mentioned above.
30.2. Lien Contract with Customer
31. Accessing Bamboo Platform outside the United States
31.1. Any Pro accessing the Bamboo Platform outside the United States does so at his or her own risk and is responsible for complying with applicable United States, federal, city and state laws and regulations, including, without limitation to, export and import regulations. Pro acknowledges that Bamboo does not make any representation that the Bamboo Platform is appropriate or available for use outside of United States. Pro shall be responsible for complying with all local laws, decrees, treaties and regulations applicable to the territory in which he or she is based in or operates from.
31.2. Pro residing outside the United States and providing Pro Services in connection with a Project in the United States: (a) represents that he or she is not a citizen of a country that is subject to United States or any other sovereign country’s embargoes or sanctions; (b) represents that he or she is not in any negative list, is ineligible or part of U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons List of the U.S. Department of State or otherwise subject to economic sanctions or export control laws of the U.S. or any other country; (c) warrants that he or she is not prohibited from providing Pro Services in the United States by applicable local laws, decrees, treaties or regulation; and (d) agrees and acknowledges that he or she is solely responsible for identifying and complying with applicable laws related to the provision of Pro Services by a Pro as part of a Project, including without limitation, laws, and regulations related to health, environment, safety, conduct, and against illegal discrimination and harassment.
31.3. Pro agrees and acknowledges that Pro Services provided by a Pro shall only be billed in the U.S. Dollars. Bamboo will pay a Pro for Pro Services via PayPal or any other international fund transfer service in U.S. Dollars. Bamboo is not responsible for any processing or administrative charges levied by any bank or fund transfer service in respect of payments made to a Pro.
32. Force Majeure
32.1. You agree that upon occurrence of a Force Majeure Event, work on the affected Project will immediately cease to the extent Bamboo may in its sole discretion consider necessary. Customer agrees and acknowledges that the time for completion of the affected Project will be extended for the period of delay or inability to perform due to such occurrences, provided Bamboo gives prompt written notice of the Force Majeure Event to the Customer.
32.2. Bamboo agrees and acknowledges that: (a) excuse from performance shall be of no greater scope and of no longer duration than is necessitated by the Force Majeure Event; and (b) Bamboo shall continue to perform such of its obligations which are not affected by the Force Majeure Event.
32.3. Customer agrees to bear the full cost of repairing and restoring any physical loss or physical damage to the Premises or any personal or other property at the Premises caused due to occurrence of a Force Majeure Event.
32.4. You agree that a Force Majeure Event will not excuse your obligation (if any) to pay and/or reimburse Bamboo under the Agreement and lack of funds on the part of the Customer will not constitute a Force Majeure Event.
33. Governing Law
33.1. Except for the Arbitration Clause in Clause 34, which is governed by the Federal Arbitration Act, the Agreement and any Dispute will be governed by, and construed in accordance with laws of state of Delaware, without regard to the conflict of laws provision. You agree to submit all Disputes that cannot be subject to arbitration to the personal and exclusive jurisdiction and venue of the courts located within the county of Delaware.
34. Dispute Resolution, Class Action and Collective Waiver
34.1. Informal Discussions
You and Bamboo will attempt to first negotiate any dispute, controversy or claim arising out of or in connection with the Agreement, including any question regarding its existence, validity, interpretation, breach or termination (“Dispute”), informally (“Informal Discussions”) before initiating any arbitration or court proceeding. Such Informal Discussions will commence upon receipt of written notice and for Bamboo, will be conducted by the Head of Operations, Bamboo.
If any Dispute (except those Disputes expressly excluded below) cannot be resolved through Informal Discussions within thirty (30) days from commencement of Informal Discussions, you and Bamboo agree to resolve such Dispute through final and binding arbitration in accordance with the clauses provided below.
The arbitration carried out for resolving any Dispute shall be governed by the Federal Arbitration Act. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Each party will pay the fees for his/her/its own attorney, subject to any remedies to which that party may later be entitled under applicable law. Notwithstanding anything contained in the Agreement, the Federal Arbitration Act, the AAA Rules or the AAA Consumer Rules, the losing party will bear the entire cost of arbitrating a Dispute, including reasonable attorney’s fees and disbursements. The arbitrator will make a decision in writing stating the reasons for the decision. The decision of the arbitrator will be final and binding on the parties. The seat of arbitration will be Texas.
34.3. Excluded Disputes
You and Bamboo agree that the following Disputes are excluded from this Arbitration Clause: (a) any claim that an applicable federal statute expressly states cannot be arbitrated; and (b) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Clause may be rendered ineffectual.
34.4. Resolution of Disputes
You may initiate arbitration for a Dispute, or cause of action, covered by the Arbitration Clause, before the expiry of the time that the statute of limitation prescribes for the claim asserted. In determining whether a Dispute, or cause of action is barred by limitation, the arbitrator will apply the statute of limitations that would have applied had the Dispute, or cause of action been brought in court. The arbitrator may only award those remedies that would be available to a party in their individual capacity, and all other remedies which would not be available to an individual under applicable laws will be forfeited. The arbitrator shall apply the substantive and procedural law chosen by the parties as specified in Clauses 33 and 34. The parties are entitled to conduct civil discovery and present witnesses and evidence as required to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
34.5. Interpretation and Enforcement of Arbitration Clause
The Arbitration Clause is the full and complete agreement relating to the formal resolution of Disputes between the parties. Unless otherwise provided, the Arbitration Clause covers, and the arbitrator shall have exclusive jurisdiction to decide, all Disputes between the parties, including without limitation the enforceability, revocability, scope, or validity of the Arbitration Clause or any part thereof. All such matters shall be decided by the arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including without limitation any claim that all or part of this Arbitration Clause, this Agreement, or any other part of the Terms is void or voidable.
34.6. Class Action and Collective Waiver
You acknowledge and agree that this Arbitration Clause affects your ability to participate in class or collective actions. Both you and Bamboo agree to bring any Dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. You hereby acknowledge and agree that you shall not have a right or authority to bring, have heard or arbitrated any Dispute as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). In the event: (a) a Dispute is filed as a class or collective action; and (b) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and Bamboo agree that you will not be retaliated against, disciplined, or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, you agree and acknowledge that Bamboo may lawfully seek enforcement of this Arbitration Clause and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
34.7. Entire Arbitration Agreement
This Arbitration Clause replaces all prior agreements between you and Bamboo regarding the arbitration of Disputes and constitutes the entire agreement between you and Bamboo regarding formal resolution of all Disputes covered by the Arbitration Clause. If any portion of the Arbitration Clause is deemed unenforceable, the remainder of this Arbitration Clause will be enforced.
35.1. You agree not to circumvent the Bamboo Platform for a period of three (3) years following your use of the Bamboo Platform in respect of a particular User from when you first contacted, or were first contacted by, another User through the Bamboo Platform (“Exclusivity Period”). During the Exclusivity Period a User may not in any manner solicit, engage, transact, deal, request a quote, or receive payments from such other User outside the Bamboo Platform. Where you use the Bamboo Platform as an employee or a duly authorized agent of another legal entity or individual, then the non-circumvention applies to you, your principal or any other employee or agent of such person or legal entity, as applicable.
35.2. You agree to inform Bamboo promptly in case a User asks you to pay, transact, engage, deal, or provide a quote outside the Bamboo Platform during the Exclusivity Period. You can opt out of the Exclusivity Period by paying a fee of $5000 for every User that you intend to engage or deal with outside of the Bamboo Platform (an “Opt-Out Fee”). It is clarified that such Opt-Out Fee will be payable by both Customer and Pro for the transaction in question.
35.3. Bamboo is hereby authorized to charge the Opt-Out Fee, in case of a Customer, against the respective Mode of Payment and, in case of a Pro, set-off against any amounts payable to the Pro for past or future Pro Services. If Bamboo is unable to charge the Opt-Out Fee as above, then Bamboo will issue an invoice for the Opt-Out Fee which you agree to pay within thirty (30) days of the date of the invoice.
35.4. In case you circumvent the Bamboo Platform during the Exclusivity Period as above, notwithstanding whether Bamboo charged you Opt-Out Fees or not, Bamboo reserves the right to cancel your registration with the Bamboo Platform and terminate the Agreement forthwith in accordance with Clause 27.
36. Application Update and Upgrade
37.1 You agree not to, directly or indirectly, make any statements, declarations, announcements, assertions, remarks, comments or suggestions, orally or in writing, that individually or collectively are, or may be construed as being, defamatory, derogatory, negative, or disparaging to Bamboo, its Affiliates, and/or their directors, officers, employees, agents, contractors and consultants. It is the intention of the parties to restrict the activities of the Users under this Clause 37 only to the extent necessary for the protection of the legitimate business interests of Bamboo and/or its Affiliates.
37.2 The Customer further agrees that he or she will not take photos or other digital media of incomplete Projects and display them on the Bamboo Platform or any other social/public media and/or make disparaging remarks about a Pro or Bamboo related to any incomplete Project unless the Project is complete as per Clause 13 and he or she has given Bamboo an opportunity to remedy the work with which he or she is not satisfied.
You agree that Bamboo may, at Bamboo’s discretion, maintain reasonable records related to a Project (“Records”) for at least five (5) years following the termination of such Project.
39. Confidential Information
39.1. Confidential Information
For the purpose of the Agreement, all information that one party (the “Disclosing Party”) discloses to the other(s) (the “Recipient”) which is not generally known other than by the Disclosing Party (however recorded or preserved, whether written, verbal or otherwise), and which the Recipient may obtain through any direct or indirect contact with the Disclosing Party (or its employees, officers, contractors, representatives or advisers), whether in tangible or intangible form, whenever and however disclosed, including, but not limited to, information (a) that is marked “confidential” or “proprietary” before its disclosure to the Recipient; (b) disclosed orally, but which is identified as confidential or proprietary at the time of disclosure and which the Disclosing Party confirms to be such in writing within seven (7) days of such disclosure; (c) any other information which due to the nature of the information or the circumstances surrounding disclosure ought to be treated as confidential, is “Confidential Information” under the Agreement. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information.
Confidential Information does not include information which: (a) is now, or later becomes, through no act or failure to act on the part of the Recipient, generally known or readily available to the public; (b) was acquired by the Recipient before receiving such information from the Disclosing Party and without restriction as to use or disclosure; (c) becomes known to the Recipient through a third party rightfully entitled to it, without restriction as to use or disclosure; or (d) was independently developed by the Recipient without reference to the Disclosing Party’s Confidential Information.
39.3. Use and Restrictions on Confidential Information
The Recipient hereby undertakes: (a) not to disclose the Disclosing Party’s Confidential Information to any third parties except as reasonably necessary for the Recipient to perform its obligations hereunder; (b) to hold the Disclosing Party’s Confidential Information in strict confidence; (c) not to use any of the Disclosing Party’s Confidential Information for any purpose other than to perform the obligations under the Agreement. Notwithstanding the other provisions of the Agreement, the Recipient may disclose any Confidential Information received from the Disclosing Party to his or her agents, attorneys and other representatives (under a duty not to disclose) and having a bona fide need to know such Confidential Information, provided the person receiving such Confidential Information is bound by a confidentiality agreement whose terms at least as restrictive as those of the Agreement, or to any arbitrator or court of competent jurisdiction as reasonably required to resolve any Dispute between the parties under the Agreement.
39.4. Legal Obligations to Disclose
When requested or required by law, government action, or other court order to disclose any of the Disclosing Party’s Confidential Information, Recipient may disclose such information without liability under the Agreement, provided that: (a) the Disclosing Party has been given a reasonable opportunity to intervene in any proceeding to try to protect the Confidential Information and review the text or contents of such disclosure before it is made; and (b) the disclosure is limited to only the Confidential Information specifically required to be disclosed.
You agree that monetary damages may not be adequate to compensate the Disclosing Party for any breach by the Recipient of its confidentiality covenants set forth in the Agreement. Accordingly, you agree and acknowledge that any such breach or threatened breach may cause irreparable injury to the Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party will be entitled to seek injunctive relief against the threatened breach of the Agreement or the continuation of any such breach by the Recipient, without being required to prove that it suffered actual damages.
40. User Recommendations
40.1. Every Pro wishes get good reviews and ratings from the Customers and maximize their business. The Pros can keep in mind certain recommendations compiled by Bamboo under the document titled ‘How to Get Great Reviews from Customers’ while working with the Customers on a Project.
40.2. Every Customer wishes to get good work done from the Pros they hire. The Customers can keep in mind certain recommendations compiled by Bamboo under the document titled ‘How to Get Great Work Done from Pros’ while working with the Pros on a Project.
40.3. The above documents are meant to promote professionalism and respectful behavior between Pros and Customers. Any unsavory incident, inappropriate behavior or act of discrimination by a User must be immediately notified to Bamboo’s Construction Operations Team by a User who witnesses or faces such act or behavior.
40.4. In the event any User is found to indulge in unsavory, inappropriate or discriminatory behavior and/or if there is any unresolved complaint against him or her by another User, in addition to any other available remedy, Bamboo may choose to not work with such User and suspend the defaulting User’s Bamboo Account and hold any further payments, if due, pending investigation of the complaint.
If any clause of the Agreement, including without limitation, limitation of liability, disclaimers, the Arbitration Clause and the Class Action Waiver, is found to be invalid or unenforceable, that portion of the Agreement, to the extent that it is invalid or unenforceable, will be severed and the remainder of the Agreement will be enforced to the fullest extent permitted by law.
41.2. Entire Agreement
It is further agreed that a Customer and a Pro cannot enter into any agreement or understanding in relation to the Project which is outside the agreed scope of the Project as determined by Bamboo or inconsistent or in violation of the terms of this Agreement.
41.3. Electronic Acceptance
You expressly agree that the Agreement may be electronically signed and accepted, and that the Bamboo Platform’s record of your acceptance will be treated, for purposes of validity, enforceability, and admissibility, the same as written signatures.
All notices permitted or required under the Agreement must be in writing and if addressed to a Customer or a Pro will be delivered in person, by electronic mail or by any nationally reputed overnight courier who can provide receipt of delivery, or mailed by first class, registered or certified mail, postage prepaid, to the address of the party specified in the Agreement or such other address as either party may specify in writing. Provided, however, any notice to Bamboo shall be sent in writing by email to [email protected] and if you wish by mail with a copy to 649 Mission St, 5th Floor, San Francisco, CA 94105. Such notice will be deemed to have been received: (a) when emailed, provided the sender has not received a delivery failure notification; or (b) on the date personally delivered; or (c) the next day after sending if sent by post or any other overnight courier service. Such notice will be deemed to have been given upon receipt.
You may not assign or transfer the Agreement without Bamboo’s prior written approval. Bamboo may, however, assign or transfer the Agreement without your consent, including without limitation to: (a) an Affiliate, a parent or subsidiary; (b) a person acquiring Bamboo’s assets or business; or (c) any other successor or acquirer. Any assignment in violation of this section shall be null and void. The Agreement shall inure to the benefit of permitted successors and assigns.
41.6. No Employment; No Partnership; Independent Contractor
The Agreement does not intend to create any agency, joint venture, partnership, employer-employee, or franchiser-franchisee relationship between you and Bamboo. No party is entitled or authorized to assume or create any obligations, debts, accounts or liabilities, or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. Neither party relies on any promises, inducements, or representations made by the other except as expressly provided in this Agreement. Pro agrees to pay all taxes due in respect of the Pro Fees and to indemnify Bamboo in respect of any obligation that may be imposed on Bamboo to pay any such taxes or resulting from Pro being determined not to be an independent contractor.
41.7. No rights of third parties
Any person who is not a party to the Agreement, other than permitted assigns and successors of a party hereto, may seek to enforce any terms of the Agreement.
No failure by you or Bamboo to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof or a consent thereto; nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The remedies herein provided are independent, cumulative, and not exclusive of any remedies provided by applicable laws.
You represent and warrant that you have reviewed, and you understand and agree to the terms and conditions of the Agreement. The Agreement shall be interpreted as if jointly drafted by you and Bamboo. Should a Dispute arise, no presumption or burden of proof will arise in your or our favor/disfavor because Bamboo authored the Agreement. You agree to seek independent legal counsel and guidance should you have any questions or concerns regarding the Agreement and/or the arrangement contemplated herein.
All provisions of the Agreement that should by their nature survive the expiration or termination of the Agreement shall so survive.
The following words and expressions shall, unless the context otherwise requires, have the following meanings:
AAA: means American Arbitration Association.
AAA Consumer Rules: means AAA’s Supplementary Procedures for Consumer Related Disputes.
AAA Rules: means Commercial Arbitration Rules of AAA. ACH: means automated clearinghouse.
Actual Charges: shall have the meaning ascribed to the term under Clause 9.1.
Actual Replacement Value: means the amount it will cost to repair or replace the Covered Property because of a Covered Loss, on the date of occurrence of such Covered Loss, with material of like quality and kind, after appropriate deduction for obsolescence and physical depreciation.
Additional Charges: means the additional costs over and above the Approved Charges payable by the Customer to Bamboo arising due to the reasons set out in the ‘Assumptions and Change Request Policy’.
Affiliate: means and includes any person which, directly or indirectly: (a) Controls a party; or (b) is Controlled by a party.
Anti-Terrorism Laws: means any laws relating to terrorism or money laundering, including: Executive Order No. 13224; the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, as the same has been, or may hereafter be, renewed, extended, amended or replaced; the applicable laws comprising or implementing the Bank Secrecy Act; and the applicable laws administered by the United States Treasury Department’s Office of Foreign Asset Control (as any of the foregoing may from time to time be amended, renewed, extended, or replaced).
Applications: means mobile and other smart devices applications offered by Bamboo.
Approved Amount: has the meaning ascribed to the term under Clause 21.3(k).
Approved Charges: means a total of the Pro Fees, the Bamboo Charges and any other charges specified in the Approved Plan or any amendments thereto that has been agreed and approved by the Customer in writing in accordance with Clause 7.7.
Approved Plan: means the Detailed Plan approved by the Customer in writing in accordance with Clause 7.7.Arbitration Clause: means provisions related to resolution of Disputes through arbitration as specified under Clause 34.
Assumptions and Change Request Policy: means the Assumptions and Change Request Policy of Bamboo available here.
Bamboo: means Bamboo App, Inc.
Bamboo Account: means the account created by a User on the Bamboo Platform in accordance with Clause 2.2.
Bamboo Charges: means the amounts charged by Bamboo from a Customer for rendering the Bamboo Services.
Bamboo Content: has the meaning ascribed to the term under Clause 18.1(b).
Bamboo Limited Warranty: means the warranty provided by Bamboo for Cosmetic Defects and Major Structural Defects in accordance with Clause 22.2.
Bamboo Platform: means the Website and the Applications.
Bamboo Pro Card: means a prepaid MasterCard issued by Bamboo to the Pros.
Bamboo Pro Card Terms: means the terms and conditions applicable to the usage of Bamboo Pro Card, which can be made available to the Pro on request.
Bamboo Protection Plan: has the meaning ascribed to the term under Clause 21.1.
Bamboo Protection Plan Limit: means and is limited to one million US dollars (US $1,000,000).Bamboo Services: means all services provided by Bamboo to the Customer in relation to the Project and includes preparation of Detailed Plan, construction management, remodeling consultation, Bamboo Protection Plan, Bamboo Limited Warranty, and any other support services provided by the Construction Operations Team.
Bamboo Warranty Period: has the meaning ascribed to the term under Clause 22.2.
Class Action Waiver: has the meaning ascribed to the term under Clause 34.6.
Collective Content: has the meaning ascribed to the term under Clause 18.1.
Confidential Information: has the meaning ascribed to the term under Clause 39.1.
Construction Operations Team: means the construction operations team comprising of one or more persons appointed by Bamboo at its discretion to carry out various planning, management and support services for a Project but does not include Customer Success Managers.
Control: means and is limited to with respect to a legal entity: (a) the power to elect more than one-half of the directors, partners, or other individuals exercising similar authority with respect to such person or entity; or (b) the possession, directly or indirectly, of a voting interest of more than 50%.
Cosmetic Defects: means and is limited to any defect which can be discovered by visual inspection of the Work Areas (such as paint defects, scrapes, chips, dent, and scratches) and which is not a Major Structural Defect.
Covered Injury (or its cognate expression under the GL Policy): means and is limited to the injuries insured and covered under the GL Policy.
Covered Loss (or its cognate expression under the GL Policy): means and is limited to the losses that are insured and covered under the GL Policy.
Covered Property: means and is limited to the: (a) Premises or part thereof that suffers a Covered Loss in which a Customer has an insurable interest; and (b) personal or other property that is: (i) owned by a Customer; or (ii) not owned by a Customer but which is in a Customer’s custody and which a Customer is obliged (legally or otherwise) to insure for physical loss or damage.
Covered Risk: means and is limited to the (a) Covered Property; and (b) Covered Injury.
Customer: means an individual or a legal entity seeking services of another person on the Bamboo Platform.
Customer’s Insurance Policy: has the meaning ascribed to the term under Clause 20.2.
Customer Success Managers: means the customer services team comprising of one or more persons appointed by Bamboo at its discretion to respond to Customer inquiries, fulfilling requests for quotes, handling and forwarding Customer complaints and providing such assistance or information to Customers as may be reasonably requested by them.
Deliverables: means and includes any work product such as drawing, reports, user manuals, and databases to be provided by a Pro to a Customer under a Project.
Detailed Plan: means the detailed financial analysis and project plan created for the Project by the Construction Operations Team as described under Clause 7.5.
Differing Site Conditions: shall have the meaning ascribed to the term under the Assumptions and Change Request Policy.
Disclosing Party: has the meaning ascribed to the term under Clause 39.1.
Dispute: has the meaning ascribed to the term under Clause 34.1.
Disputed Invoice: has the meaning ascribed to the term under Clause 9.3.
Excluded Bodily Injury (or its cognate expression under the GL Policy): means and is limited to the bodily injuries specifically excluded under the GL Policy.
Excluded Losses (or its cognate expression under the GL Policy): means and is limited to the losses that are specifically excluded under the GL Policy.
Excluded Property (or its cognate expression under the GL Policy): means and is limited to the properties that are specifically excluded under the GL Policy.
Exclusions to Bamboo Warranty Policy: means the policy which sets out the exclusions from the Bamboo Limited Warranty as mentioned under Clause 22.2 and is available here.
Exclusivity Period: has the meaning ascribed to the term under Clause 35.1.
FCRA: means the Fair Credit Reporting Act, 15 U.S.C.
Force Majeure Event: means and includes any event that is beyond the reasonable control of Bamboo which hinders, prevents or delays performance, in whole or in part, of any obligation under the Agreement including without limitation, fire, flood, casualty, earthquake, war, lockout, strike, epidemic, riot, destruction of facilities, insurrection, acts of terrorism, material unavailability, telecommunications or internet failures, regulations or restrictions imposed by law, change of law, acts of the government or governmental requirements.
GL Policy: means the general liability policy of Bamboo prevailing from time to time.
How to Get Great Reviews from Customers: are the recommendations for Pros as per Clause 40.1 available here.
How to Get Great Work Done from Pros: are the recommendations for Customers as per Clause 40.2 available here.
Indemnified Party: has the meaning ascribed to the term under Clause 25.1.
Informal Discussions: has the meaning ascribed to the term under Clause 34.1.
Intellectual Property Rights: mean and include all copyright rights, patent rights, moral rights, trademark, rights of publicity, service mark rights, trade dress, trade secret rights, goodwill, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any jurisdiction, territory, state or country.
Interview: has the meaning ascribed to the terms under Clause 3.3.
Invitee: means and is limited to a person invited to be present at the Covered Property.
Invoice Review Period: has the meaning ascribed to the term under Clause 9.3.Key
Conditions: shall have the meaning ascribed to the term under Clause 9.5.
Major Structural Defect: means the major structural defects in the Work Areas as described under the ‘Major Structural Defects Policy’.
Major Structural Defects Policy: means the policy applicable to Major Structural Defects as per Clause 22.2 which is available here.
Materials: means the materials proposed to be incorporated in the Project the details of which are provided in the Detailed Plan.
Mode of Payment: means the primary and secondary modes of payment chosen by the Customer for paying the Approved Charges and includes, credit or debit card or any other mode acceptable to Bamboo.
Opt-Out Fee: has the meaning ascribed to the term under Clause 35.2.
OSHA: means Occupational Safety and Health Administration.
Periodic Invoice: has the meaning ascribed to the term under Clause 9.1.
Personal Information: means and includes any information that can be used to identify or contact an individual and includes without limitation the following:
Platform Content: has the meaning ascribed to the term under Clause 18.1(c).
Portfolio Content: has the meaning ascribed to the term under Clause 18.1(a).
Premises: means and includes land, building, or any physical structure, whether temporary or permanent of the Customer, where any Bamboo Services or Pro Services are proposed to be availed.
Pro: means an individual who intends to provide services to a Customer on the Bamboo Platform.
Pro Fees: means an amount equal to number of hours of Pro Services billed multiplied by the hourly rate for Pro Services agreed by a Customer and the concerned Pro.
Pro Services: means the services provided by a Pro.
Profile: means the service profile created by a Pro on the Bamboo Platform in accordance with Clause 3.1.
Project: means the activities that the Customer chooses to carry out on the Premises through the Bamboo Platform including by way of re-modelling, renovation, construction, refurbishment, demolition, restoration, and/or repair of the Work Areas.
Project Cap Amount: has the meaning ascribed to the term under Clause 7.5(c).
Project Manager: means a Pro listed as a project manager on the Bamboo Platform.
Project Sign-off Date: means the date on which the Customer signs-off the on the Project as complete in accordance with Clause 13.3.
Punch List: has the meaning ascribed to the term under Clause 13.3.
Recipient: has the meaning ascribed to the term under Clause 39.1.
Records: has the meaning ascribed to the term under Clause 38.
Related Work: has the meaning ascribed to the term under Clause 12.2.
Safety Suggestions for Customers: means the safety tips for Customer available here.
Safety Suggestions for Pros: means the safety tips for Pros available here.
Secured Areas: has the meaning ascribed to the term under Clause 16.9.
Security Camera Footage: has the meaning ascribed to the term under Clause 16.6.
SNS Account: has the meaning ascribed to the term under Clause 2.2.
Terms: means these terms and conditions of service.
Third Party Contractors: means the any third party contractor hired directly by a Customer outside the Bamboo Platform.
User, you or your: means either a Customer or a Pro.
Verified Photo: has the meaning ascribed to the term under Clause 3.2.
Video Surveillance Policy: means Bamboo’s policy governing installation of security cameras, usage of the Security Camera Footage and Customer’s and Bamboo’s rights in respect thereof, as described under Clause 16.6. The policy is available here.
Website: means the website located at https://www.bambooapp.com/, which may be modified, relocated, and/or redirected from time to time.
Work Areas: means the areas within the Premises where any Bamboo Services or Pro Services are proposed to be availed by the Customer.
Words not defined in this Clause 42 but defined elsewhere in the Agreement shall have the meaning as ascribed to them under the relevant Clause.