This Yuutool Commitment Pledge ("Yuutool Pledge") is a part of Toolots, Inc's Terms of Service and nothing herein shall invalidate any part of our Terms of Service, Privacy Policy, User Agreement (the "User Agreement"), and other published terms and conditions, which remain in full force and effect.
The binding Arbitration provision and Class Action Waiver contained in the User Agreement are applicable to this Yuutool Pledge and affect your legal rights. Please review the Terms of Service carefully. By accessing the Toolots website (“Site”), you represent that you have read, understood and agree to be bound by the Terms of Service, Privacy Policy, User Agreement and all other published terms and conditions, including the Arbitration provision and Class Action Waiver in the User Agreement.
Who Qualifies for the Yuutool Pledge?
The Yuutool Pledge is available for every Customer who obtains and has paid in full for Service Provider Service through the Toolots Site. The Site enables Service Providers and Customers, both Users, to connect with each other to offer and solicit Service Provider Services. While Service Providers determine their skill set and Customers determine the nature of the product repair/warranty work necessary for Customer’s machinery or equipment (the “Customer Property”), Toolots offers the Yuutool Pledge to demonstrate our commitment to a satisfying customer experience with Toolots.
How does the Yuutool Pledge Work?
If you are not satisfied with any service providerd by a Service Provider Services that you have paid for throuh the Toolots Site (the "Original Work"), then:
1. You Should first directly contact the orginal Service Provider and make a good faith attempt to resolve your concerns with the original Service Provider.
2. If you are unable to resolve your concerns and obtain Additional Service from original Service Provider, please submit a Pledge Claim Form to info@yuutool.com (the "Pledge Claim") within fourteen (14) days of the completion of Original Work. Your Pledge Claims will be reviewed on a case-by-case basis and Toolots reserves the right to contact the original Service Provider regarding your Pledge Claim.
a) If Toolots determines that the Customer Property is covered by the manufacturer's warranty, Toolots in its sole dicretion, may refund the Customer up to twenty-five percent (25%) of the value of the Customer Property or replace a defective component if purchase by Customer Through the Site and if such component is the cause complaint described in the Pledge Claim. Customer shall probide a copy of the original receipt to Toolots.
b) If Toolots determines that the Customer Property is not covered by the manufacturer's warranty, Toolots in its sole discretion, may refund Customer up to US$1,000 on a one-time basis only for Customer Property. Customer shall provide a copy of the originl receipt to Toolots.
3. During our review of your Pledge Claim, you afree to (i) protect and preserve the Customer Property from futher damage; (ii) assist and allow Toolots or its insurers access to inspect and make copies, photographs and recordings of anything related to your Pledge Claim; (iii) accept the refund or a replacement (subject to the standard of depreciation for that item) provided by Toolots in its sole discreetion; and (iv) submit request information by the dates requested by Toolots and to otherwise promptly cooperate with all reasonable request by Toolots.
4. The Yuuool Pledge will cover only issues arising directly from the Original Work and will not include any maintenance of Customer Property or the Original Work, or any repair, replacement or warranty work beyond the scope of the Original Work. Any repair work or replacement part that exceeds the amount refunded by Toolots will be Customer's responsibility.
5. If your Pledge Claim is approve, then as a condition for Toolots providing a refund or replacement, you will execute and deliver to Toolots an afreement which includes your agreement to (a) release and hold harmless of Toolots 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 your Pledge Claim; and (b) to treat as confidential the resolution of your Pledge Claim.
Toolots will review and address all Pledge Claims that do not violate our Terms of Service or other published policies, and provided that (a) Customer has not submitted a separate Pledge Claim within ninety (90) days prior to the current Pledge Claim, and (b) Customer's account with Toolots is in good standing. The Yuutool Pledge does not include any refunds if work can be performed by a licensed professional, including but not limited to plumbers, electricians, and licensed general contractors, to resolve the Pledge Claim. The refund will be delivered to the original account used by Customer for payment and replacements will be delivered to the original delivery address, unless Customer provides written instructions otherwise.
What is not covered by the Yuutool Pledge?
Losses, damages and repair and/or replacement services arising from or related to ny of the following do not meet the requirements for refunds or replacements and are not covered under this Yuutool Pledge:
• Any service not part of the Original Work, any product not purchased through the Toolots site, and any request by any user who is not registered with Toolots.
• Any intellectual property claims.
• Any business interruption, 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.
• Property damage exceeding the original value or replacement value (whichever is the lesser) for such property, less any standard depreciation, and property damage exceeding the direct area where the Original Work was performed.
• Any negligent act or omission of of Customer or any third party (excepting the original Service Provider).
• Any 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.
• Any products, services or other work supplied by the Customer or due to Customer recommendations.
• Any normal part of or natural result of the Original Work, or the normal operation of the product or equipment.
• Any intentional scts, including but not limited to vandalism, theft, fraud or other criminal conduct without a police report.
• Any flooding, water damage, fire, earthquake, wind damage, mold, mildew, weather or other natural and/or enviromental conditions.
• Any products or services involving hzardous or harful materials, communicable diseases, acts of terrorism, product liability, or pollution.
• Any damage of product or equipment incurred during shipping or transport of such product or equipment or its replacement.
• Any request for Additional Services reported more than 14 days after completion of the Original Work.
• Any request for Additional Services that cannot be supported with additional documentation or other reasonable verification, as many be requested by Toolots.
• Any claims covered by Customer's or Service Provider's insurance.
• For all products covered under the original manufacturer's warranty, in the event of any conflict between the terms of this Yuutool Pledge, the User Agreement, or any other published policy of Toolots, the terms of the manufacturer's warranty will prevail.
Are there any other terms and conditions of the Yuutool Pledge?
This Yuutool Pledge, the Toolots Terms of Service, User Agreement, Privacy Policy and other published policies of Toolots, collectively constitute the entire agreement between Toolots and its Users regarding the Yuutool Pledge. No person or entity, including any User or any Toolots employee, may modify the terms of this Yuutool Pledge. Users may not assign or transfer the terms of the Yuutool Pledge, which is available only to original Customers, and no party is intended to be a third party beneficiary of this Yuutool Pledge. This Yuutool Pledge does not give any person or entity, other than a registered User of the Toolots Site, any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with the Yuutool Pledge. The Yuutool Pledge shall be governed by the laws of the State of California without regard to any conflict of law provisions. Toolots reserves the right, in its sole and absolute discretion, to eliminate the Yuutool Pledge altogether or change, modify or delete any of its terms at any time, effective with or without prior notice and without any liability to Toolots. Toolots 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 Yuutool Pledge are unacceptable to you, you must terminate, and immediately stop using, the Toolots Site. Your continued use of the Toolots Site following any revision to this Yuutool Pledge constitutes your complete and irrevocable acceptance of any and all such change.
* Please note that pursuant to the User Agreement, each Customer shall satisfy itself as to the qualifications of the Service Provider. Toolots does not direct, manage or supervise any third-party Service Provider, will have no liability for the acts or omissions of any third-party Service Provider, and does not provide insurance against any losses sustained by Customers.