Website user terms and conditions
Please read these terms and conditions (the “Terms”) as they govern your use of our website, tusktasks.io, and its associated app (together, the “Tusk Platform”).
The term “we” or “Tusk” means Tusk Tasks Ltd, the owner and operator of the Platform, whose registered office is at King George Lodge, King George V Road, Amersham, Buckinghamshire, United Kingdom, HP6 5FB and whose company registration number is 10478964 (“us” and “our” will be construed accordingly).
The term “you” or refers to the user or viewer of our Website (and “your” will be construed accordingly).
By using continuing to browse our Website, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use the Website.
You must be at least 18 years of age to use our Website.
Tusk does not provide any insurance cover. All Listers and Taskers are advised to have their own third party public liability insurance. Listers should check details of their house household insurance to ensure that any Tasks are properly covered. Tusk will take no responsibility for any damage caused if the correct insurance is not taken out by the parties.
This Website contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.
You are granted permission to use the Content subject to the restrictions described in these terms and conditions.
All Content and material contained in this Website is and shall remain at all times the copyright of Tusk.
You must retain, and must not delete or remove any copyright notices and other proprietary notices placed by us on any Content.
License to use the platform
- view pages from our Website in a web browser;
- download pages from our Website for caching in a web browser;
- print pages from our Website;
- download or save messages and attachments that are sent to you through the Platform;
subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.
You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.
Unless you own or control the relevant rights in the material, you must not:
- republish material from our Website (including republication on another Website), except in the case of social media such as Facebook and Twitter in which case you are permitted to publish extracts in order to promote use of the Website;
- sell, rent or sub-license material from our Website;
- show any material from our Website in public;
- exploit material from our Website for a commercial purpose (other than as a registered seller in accordance with these terms and conditions); or
- redistribute material from our Website.
We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
You must not:
- use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
- use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current and non-misleading.
Use on behalf of an organisation
If you use our Website in the course of a business or other organisational project, then by so doing you bind both yourself and the company or other legal entity that operates that business to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant company or legal entity.
Your content licence
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media and to reproduce, store and publish your content on and in relation to this Website and any successor website.
You grant to us the right to sub-license the rights licensed under Section 6.2.
You grant to us the right to bring an action for infringement of the rights licensed under Section 6.2.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our Website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content rules
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute or promote any criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of any contractual obligation owed to any person;
- be untrue, false, inaccurate or misleading;
- contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam; or
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
You must not use our Website to post any link to any Website or web page without our written permission.
You may not give out your own contact details (email, address, phone numbers or other contact methods) except within the messaging section of the Platform.
You may send us feedback on any aspect of Tusk by emailing us at firstname.lastname@example.org.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our Website;
- permanently prohibit you from accessing our Website;
- block computers using your IP address from accessing our Website;
- contact any or all of your internet service providers and request that they block your access to our Website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our Website.
Third party Websites
Our Website may include links to other Websites owned and operated by third parties. We have no responsibility for the content of such third party websites.
Some areas of the Tusk platform implement Google Maps services. Your use of Google Maps is subject to their Terms of Service (www.google.com/intl/ALL/policies/terms/).
We have no control over third party Websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
The registered and unregistered trade marks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Payment Processor Terms
The Platform uses Mangopay as its third party payment processor.
The following information is provided to you in relation to MANGOPAY Special Conditions of Use of Electronic Money:
- Tusk is incorporated and registered in England.
- if you have any queries regarding payments made through the Platform you can contact us at email@example.com and on phone number 07703 366392 during normal business hours.
- both Listers and Taskers will receive a specially created MANGOPAY ‘e-wallet’ the first time the Lister lists a Task or a Tasker makes an offer to fulfil a Task. However, MANGOPAY may decline to create an e-wallet for a Lister or a Tasker according to MANGOPAY’s own General Conditions (see here: tusktasks.io/terms/payments). If this happens, we’ll notify you through the Website and/or by email.
- you should read these Website terms and conditions together with the terms and conditions for Listers and Taskers, for a full description of any restrictions which may apply to your MANGOPAY e-wallet. You should also note that you will not be able to cancel a payment once it’s been sent (even if the Tasker has not yet accepted the Task as completed). You will not be permitted to withdraw money from your e-wallet if it is being held pending a Tasker’s notification of completion of a Task. You will not be able to deposit less than £3.00 into your e-wallet; withdraw less than £2.50 from your e-wallet; or make withdrawals more frequently than 2 times per calendar day. In the future Tusk may offer vouchers or discounts that cannot be withdrawn as cash from your e-wallet. They may be issued with time limits following the expiry of which they will be returned to Tusk if they haven’t been spent on the Platform. Vouchers, and money which is held as pending prior to a Tasker’s acceptance, will be shown separately from the money which is available to a user to withdraw from his account.
- Tusk charges fees to users when depositing/sending/withdrawing money through the Platform, as follows: Currently there is no fee on depositing or withdrawing money. However, a fee of 15% is charged to a Tasker when money is sent from a Lister to a Tasker following the completion of a Task.
Promotions are only available to individuals aged 18 or over who have an account with Tusk.
Tusk promotions are rewarded via a ‘promo code’, which is a unique code which can only be used once and has a set value.
Each promo code will have its own expiry date which will be displayed on the associated email or voucher. It will expire at midnight on the evening of the expiry date.
In order to redeem a promo code one must use it when sending payment to a tasker. This must be done through the platform and before the expiry date.
There are two forms of ‘Sign Up Promotion’: a) a referral from a friend and b) a voucher handed out by a Tusk team member. A promo code rewarded as part of a Sign Up Promotion can only be redeemed on a user’s first payment to a tasker. Each user may only use one Sign Up Promotion promo code.
If a user has received any promo codes for referring a friend then these can be used singularly or in combination with any other promo codes.
If the total payment to a tasker is smaller than the total value of the codes being used on a payment, the value of the codes will still be used in their entirety. For example: if you chose to use a £5 promo code when paying for a £3 task, then £3 will be sent to the tasker and the remaining £2 will no longer be available to you.
Promo codes have no cash value and may not be transferred or exchanged for cash. They may only be redeemed via the Tusk site and can only be used in payment of a tasker. The value of any promo code will be deducted from the amount you owe the tasker.
Tusk reserves the right to withhold, restrict or cancel any promotions at its own discretion and without prior notice.
Refer A Friend - the following terms apply specifically to the Refer A Friend promotion:
- if you have been referred by a friend you will receive an email with a unique £5 promo code which must be redeemed upon your first payment through the platform, and before its expiry date. Once this is done your friend will be emailed a unique £5 promo code of their own;
- if you have referred a friend you will be sent a £5 promo code via email once your friend has successfully redeemed their promo code. You must use your promo code before its expiry date;
- you will not be able to redeem more than one promo code that has been issued via a referral, i.e. you can only be referred by one friend;
- if a referred friend receives referral codes from multiple Tusk users, only the corresponding Tusk user of the referral promo code used by the friend will be rewarded a promo code;
- users are limited to sending out 15 referrals;
- please see the Promotion T&Cs above for more information on expiry dates, redeeming promo codes and the combination of promo codes.
Vouchers - the following terms apply specifically to the Voucher promotion:
- tusk vouchers can only be issued by Tusk team members;
- they are a form of Sign Up Promotion and therefore must be used in your first payment of a tasker and cannot be used in combination with any other Sign Up Promotion, I.e a promo code rewarded due to a referral from a friend;
- the associated promo code will have a set expiry date by which you must have used the code to send payment to a tasker;
- please see the Promotion T&Cs above for more information on expiry dates, redeeming promo codes and the combination of promo codes.
If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
We reserve the right at all times to edit, refuse to post, or to remove from the Tusk Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.