The CitiPanda Damage Responsibility Contract

The CitiPanda (“Damage Responsibility Contract” or “Contract”) is a part of CitiPanda, Inc.’s Terms of Service, located in http:// www.citipanda.co/terms (Capitalized terms not defined herein shall have the definitions set forth in CitiPanda’s Terms of Service.). Nothing in the CitiPanda Damage Responsibility Contract shall be construed to invalidate any part of CitiPanda’s Terms Of Service or Privacy Policy, which remain in full force and effect. THE CITIPANDA TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS DAMAGE RESPONSIBILITY CONTRACT AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE CITIPANDA PLATFORM, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER AND THE TERMS OF THIS DAMAGE RESPONSIBILITY CONTRACT.

What is the “CitiPanda Damage Responsibility Contract”?

As stated in our Terms of Service, CitiPanda is a technology platform that allows Users to connect with each other so they can be their most productive selves. Taskers determine what categories they are qualified to task in, and scope the task directly with their Client. Clients are advised to confirm with their Tasker that their Tasker is qualified to perform the task prior to the task taking place. CitiPanda does not direct how a Tasker performs a task, does not monitor tasks or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Taskers. CitiPanda is not liable for the acts or omissions of Users, nor does CitiPanda provide insurance against any losses sustained by Users. That said, because we want you to be happy about your CitiPanda experience, we choose to offer this Damage Responsibility Contract, on the terms set forth below. If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in this CitiPanda Damage Responsibility Contract, CitiPanda will act as follows:

• Clients will receive support from CitiPanda(non other specified)for Losses arising from Property Damage as a direct result of Negligence of a Tasker during performance of a Task;
• Users will receive support from CitiPanda (non other specified)for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Task;
• Clients will receive support from CitiPanda (non other specified)for Losses arising from Theft of a User’s property by a Tasker during performance of a task.

Terms and Conditions: The CitiPanda Damage Responsibility Contract is applicable for every task (other than with respect to the exclusions listed below), subject to the following terms and conditions:

• You must submit a request, asking help via email to CitiPanda, within fourteen (14) days of the occurrence of the task giving RISE to the Damage Responsibility Contract Claim;
• Before submitting a CitiPanda Resolution Request Form, you must first make a good faith attempt to resolve the Damage Responsibility Contract directly with the User involved;
• The task between a Client and a Tasker is performed on the CitiPanda Platform by the hired Tasker and paid for in full through Braintree Payment System (via the CitiPanda Platform);
• The Task does not violate our Terms Of Service;
• You have not submitted a separate Damage Responsibility Contract within ninety (90) days prior to the occurrence of the task giving RISE to the Contract;
• The task did not originally require a licensed professional to complete, including but not limited to plumbers, electricians, medical professionals, attorneys, notaries public, licensed general contractors, exterminators, etc.; and
• Your CitiPanda account is in good standing, with no outstanding balances owed to CitiPanda Inc or Taskers.

What is excluded from the CitiPanda Damage Responsibility Contract?

The CitiPanda Damage Responsibility Contract does not cover losses or damages to property or bodily injury arising from or in any way related to any of the following (the “Excluded Losses”):

• losses arising from operation of any motor vehicle, aircraft or watercraft by a Tasker;
• losses arising out of any intellectual property claim;
• losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data or consequential damages, special damages;
• losses for property damage exceeding the original value or replacement value (whichever is the lesser) for such property, less any standard depreciation;
• Ineligible Property;
• Client losses arising from Negligence of a Client or third party;
• losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear or deterioration;
• losses arising from items supplied by the Client or due to Client recommendations (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed; Client directs Tasker to perform task in a manner that causes damages);
• losses that are a normal part of or natural result of the task undertaken;
• losses arising from intentional acts, including but not limited to: (i) Assault and Battery, (ii) Sexual Abuse or Molestation, (iii) identity theft or fraud;
• losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
• losses beyond the specific damaged area (i.e. if there is a scratch in the floor, we will pay for repairs to the scratched area only);
• losses arising from products containing hazardous or harmful materials, communicable diseases, acts of terrorism, product liability, or pollution;
• losses arising from shipping costs and/ or shipping of replacement items;
• losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as rain, wind, etc.;
• losses of theft without a valid police report;
• losses reported more than 14 days after the task took place;
• losses with insufficient documentation.

Insurance

You understand and agree that the CitiPanda Damage Responsibility Contract is not insurance, and that no User or third party is an insured or third party beneficiary under the terms of any CitiPanda insurance policy. CitiPanda has the right to subrogate against any person or entity who may be responsible for causing the losses giving RISE to a Claim, including Users or any third party. By making a Claim under this Damage Responsibility Contract you agree you will assist in and cooperate fully with any actions taken by CitiPanda or its agents to subrogate a Claim. If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance or an umbrella policy (“Personal Insurance”), you agree to seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Damage Responsibility Contract. The Damage Responsibility Contract will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. CitiPanda has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Damage Responsibility Contract, either under the terms of this CitiPanda Damage Responsibility Contract , or because a User’s policy may apply.

How do I submit a Damage Responsibility Contract?

To submit a claim, please complete the request for help via email within fourteen (14) days of the occurrence of the task giving RISE to the Damage Responsibility Contract. Payment requests are subject to the terms as noted above, so we urge you to read through these terms and conditions prior to submitting a Damage Responsibility Contract. All Damage Responsibility Contracts will be reviewed on a case-by-case basis.

During our Damage Responsibility Contract assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Damage Responsibility Contract from further damage; (ii) assist and allow CitiPanda or its insurers access to inspect and make copies, photographs and recordings of anything relating to the Damage Responsibility Contract; (iii) accept repairs by a Tasker first; (iv) accept a replacement only if repairs are proven not to be an option; (v) submit requested materials by the dates outlined by the Resolutions Team; and (vi) accept a replacement item subject to the standard depreciation of that item. If any part of your Damage Responsibility Contract is approved, then as a condition to any payment to you under the CitiPanda Damage Responsibility Contract, you will be required to execute and deliver to CitiPanda the “CitiPanda Damage Responsibility Contract”, which includes your agreement:

• to assign to CitiPanda or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Damage Responsibility Contract from any party that is financially responsible for the approved Damage Responsibility Contract;
• to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover from any party the amount paid to you with respect to an approved Damage Responsibility Contract;
• to release and hold harmless CitiPanda and its insurers, officers, directors, employees, contractors and agents from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Damage Responsibility Contract, by signing an agreement in a form acceptable to CitiPanda;
• to treat as confidential the resolution of your Damage Responsibility Contract and the contents of the CitiPanda Resolutions Agreement; and
• to refund to CitiPanda any amounts that CitiPanda erroneously paid to you with respect to an approved Damage Responsibility Contract, in our determination and based upon factors including, but not limited to, documentation in our possession, your actions, and police reports, if applicable.

Miscellaneous

This CitiPanda Damage Responsibility Contract and the CitiPanda Terms of Service and Privacy Policy constitute the entire agreement between CitiPanda and CitiPanda Users regarding the CitiPanda Damage Responsibility Contract, and replace any and all prior, oral or written understandings or agreements. No person, entity or agent, including any User or any CitiPanda employee, may alter the terms of this Damage Responsibility Contract. Users may not assign or transfer the terms of the Damage Responsibility Contract, and no party shall be a third party beneficiary of these terms. The terms of this Damage Responsibility Contract are not intended to and shall not be construed to give any person or entity other than a User of the CitiPanda platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. The CitiPanda Damage Responsibility Contract shall be governed by the laws of the State of California without regard to their conflict of law provisions. CitiPanda reserves the right, in its sole and absolute discretion, to eliminate the Damage Responsibility Contract altogether or change, modify or delete any of the terms of this Damage Responsibility Contract at any time, effective with or without prior notice and without any liability to CitiPanda. CitiPanda will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Damage Responsibility Contract are unacceptable to you, you must terminate, and immediately stop using, the CitiPanda Platform. Your continued use of the CitiPanda Platform following any revision to this Damage Responsibility Contract constitutes your complete and irrevocable acceptance of any and all such changes.

Defined Terms

"Bodily Injury" means physical injury, sickness or disease sustained by any person, including death resulting from any of these. "Damage Responsibility Contract” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via email as request for help, as set forth herein. “Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, facts including materials used, stored or transmitted to / from computer programs, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs (beyond the straight replacement value).
"Losses" means any losses other than Excluded Losses. “Negligence” means a finding byCitiPanda, in its sole discretion, that a Tasker acted or failed to act in a manner which a) breached a legal duty to their Client and b) was the proximate cause of their Clients actual damages.
"Property Damage" means physical injury or damage to, or loss or destruction of, tangible property.
"Theft" means the intentional and fraudulent taking of another’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use. “Resolutions Claim Expiration Date” means any deadline communicated by the CitiPanda Support or Resolutions Teams to a User in connection with a Claim.