Terms of Use

These Terms of Use are a draft. They will be reviewed by a U.S. attorney before the official launch. This English version is a translation of the Japanese draft.

These Terms of Use (the “Terms”) set out the conditions for using “Onegai USA” (the “Service”), provided by CLT NY Inc. (the “Operator”). Anyone who registers for the Service (a “User”) is deemed to have agreed to these Terms.

Article 1 (What the Service is)

1. The Service provides a place where Users ask for help with everyday tasks (pet care, babysitting, help with housework, etc.) (a User who asks is a “Requester”) and other Users take on those tasks (a User who takes them on is a “Helper”).
2. The contract between a Requester and a Helper (an “Individual Contract”) is formed directly between the parties. The Operator is not a party to any Individual Contract and does not employ, dispatch or recommend Helpers.
3. Helpers are not employees or agents of the Operator; they take on work as independent individuals. Helpers decide for themselves how, when and whether to do the work.

Article 2 (Registration)

1. Anyone 18 or older who agrees to these Terms may register.
2. Users must register accurate information and update it promptly if it changes.
3. An account may be used only by the account holder and may not be transferred or lent to anyone else.

Article 3 (Helpers’ work eligibility)

1. Helpers represent and warrant that they are legally authorized to provide services for pay in the United States.
2. If a Helper loses their work eligibility, they must immediately stop making offers and working, and notify the Operator.
3. The Operator may suspend an account if it determines that this representation is untrue.

Article 4 (Where and what help may be requested)

1. Care for children and pets is limited to visits by the Helper to the Requester’s home (or a place designated by the Requester at which the Requester can be present). Requests or offers for care at the Helper’s home are not permitted.
2. Requests for driving people, medical procedures, or work that legally requires a license, permit or qualification are not permitted.

Article 5 (Fees and payment)

1. Registering, posting, making offers and sending messages are free.
2. While the Operator provides a payment function, the price under an Individual Contract shall be paid through the Service’s payment function (Stripe); the Requester bears a service fee and the Helper bears a fee. The rates are set out on the Fees page.
3. Payments made through the payment function are held by the Operator until the work is completed (the Requester confirms completion, or a set period passes after the Helper reports the work as done), and are sent to the Helper after completion.
4. While the payment function is provided, paying someone you met through the Service outside the Service (for the first Individual Contract) is prohibited.
5. During periods when no payment function is provided, such as the beta period, the parties decide the payment method between themselves, and the Operator is not involved in payment.
6. Helpers are responsible for filing their own tax returns for the payments they receive.

Article 6 (Cancellations and refunds)

1. After booking, a Requester may cancel an Individual Contract until the day before the start date, and the price for the job already paid will be refunded in full. However, the service fee is not refunded, as it covers payment processing costs and similar.
2. Cancellations on or after the start date, and disputes about the work, shall be discussed in good faith between the parties. The Operator may look into the circumstances as needed and decide how to handle funds it is holding.
3. If a Helper withdraws after booking, the Requester receives a full refund, including the service fee.

Article 7 (Prohibited conduct)

Users must not:

• act in violation of laws or public order and morals, or in ways that lead to crime
• register false information or impersonate others
• harass other Users, or behave in a discriminatory or violent way
• solicit, sell or advertise anything unrelated to the purpose of the Service, or recruit for multi-level marketing
• use other Users’ personal information for any purpose other than performing an Individual Contract
• interfere with the operation of the Service or gain unauthorized access
• engage in any other conduct the Operator considers inappropriate

Article 8 (Suspension)

If a User violates these Terms, or if the Operator considers it necessary for safety, the Operator may hide posts and suspend or delete accounts without prior notice.

Article 9 (Disclaimer)

1. The Operator provides mechanisms such as ID verification, qualification checks and reviews, but does not guarantee any User’s identity, ability, quality of work or safety.
2. Damages arising from an Individual Contract (including accidents, injuries, damage to or loss of property, and illness or injury of pets) shall be resolved between the parties, and the Operator is not liable except in cases of the Operator’s willful misconduct or gross negligence.
3. Even where the Operator is liable, its liability is limited to the amount of fees the Operator received for the Individual Contract concerned.

Article 10 (Changes to these Terms)

The Operator may change these Terms as needed. We will give advance notice of important changes on the Service or by email.

Article 11 (Governing law and jurisdiction)

These Terms are governed by [the laws of the State of New York (to be confirmed)], and [the court with jurisdiction (to be confirmed)] shall have exclusive agreed jurisdiction over disputes relating to the Service.

Established: [publication date]  Operator: CLT NY Inc. (474 Warren Street, Jersey City, NJ 07302)