Welcome to VendingCrowd

VendingCrowd is a peer-to-peer marketplace designed to connect vending machine operators ("Operators") with vending machine attendants ("Attendants") for a variety of services, including restocking, repairs, transport, and cash deposit collection. By using our platform, you agree to the following terms and conditions ("Terms of Service").

Please read these Terms carefully before accessing or using VendingCrowd.

1. Acceptance of Terms

By accessing, using, or registering with VendingCrowd, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the platform.

2. Definitions

• Operator: A registered user who owns or manages one or more vending machines and creates work orders through the VendingCrowd platform.
• Attendant: A registered user, independent contractor, who offers services to restock, repair, transport, or collect cash from vending machines.
• Work Order: A job request created by an Operator for services such as vending machine restocking, repairs, transport, or cash collection.
• VendingCrowd: The platform that facilitates the interaction between Operators and Attendants for vending machine-related services.
• Keyholder: A VendingCrowd itself, a business or independent contractor that is approved by VendingCrowd to hold and store vending machine operator keys and inventory, and to confirm cash deposit counts and make cash deposits.

3. Services Provided

Operators can use VendingCrowd to create work orders for the following services:

• Vending Machine Restocking: Attendants may accept work orders to restock vending machines with Operator-provided or Attendant-sourced products.
• Vending Machine Repairs: Attendants may accept work orders to troubleshoot and repair vending machines.
• Vending Machine Transport: Attendants may assist in the physical relocation of vending machines.
• Cash Deposit Collection: Attendants may collect cash from vending machines and deliver it to the Keyholder for deposit.

4. Eligibility

To use VendingCrowd, both Operators and Attendants must:

• Be at least 18 years of age.
• Provide accurate and current registration information.
• Comply with all applicable local, state, and federal laws regarding vending machine operations and employment.

5. Account Registration and Security

You agree to:

• Provide accurate, current, and complete information when registering for an account.
• Maintain the security of your account by safeguarding your password.
• Accept responsibility for all activities or actions under your account.
• Notify VendingCrowd immediately if you believe your account has been compromised.

6. Work Orders

• Creating a Work Order: Operators can create detailed work orders specifying the type of service required, location, deadlines, and payment terms.
• Accepting a Work Order: Attendants can review available work orders and choose to accept the ones they are capable of fulfilling. Failure to complete assigned work orders are grounds for termination to the platform.
• Completion of Work Orders: Upon completing a work order, Attendants must provide verification (such as photographs, receipts, or other evidence) as required by the Operator.
• Dispute Resolution: If there is a disagreement between an Operator and an Attendant over the completion of a work order, VendingCrowd will step in to offer dispute resolution assistance.

7. Payment Terms

• Operator Payments: Operators agree to pay Attendants for the services rendered through the VendingCrowd platform. Payment terms and rates must be agreed upon before the work order is accepted.
• Platform Fees: VendingCrowd charges Operators a base monthly fee in addition to a monthly per machine fee. VendingCrowd also takes 20% of all work order totals.
• Payment Processing: VendingCrowd may use third-party payment processors to handle transactions. Operators and Attendants agree to comply with the payment terms of these processors.

8. Responsibilities of Operators and Attendants

Operators:

• Provide accurate and complete information about the vending machines, locations, and services needed.
• Ensure that Attendants have safe access to the vending machines and any necessary materials (e.g., products for restocking, keys).
• Promptly pay Attendants for services rendered.

Attendants:

• Complete work orders according to the agreed-upon terms and deadlines.
• Provide honest and professional service.
• Communicate any issues or delays with the Operator in a timely manner.
• Ensure the safety and proper handling of vending machines, cash, and products.

9. Cancellation and Termination

• Operator Cancellation: Operators may cancel a work order before it is accepted by an Attendant. After acceptance, a cancellation fee of $4.95 will be assessed.
• Attendant Cancellation: If an Attendant cancels after accepting a work order, they may be subject to penalties or suspension from the platform. Repeated abuse of the platform in this way will result in termination.
• Termination by VendingCrowd: We reserve the right to suspend or terminate accounts for any reason, including violation of these Terms.

10. Dispute Resolution

In the event of a dispute between an Operator and an Attendant, VendingCrowd will offer mediation services. Both parties agree to cooperate with VendingCrowd during the resolution process. If a resolution cannot be reached, the parties may pursue legal action in their jurisdiction.

11. Limitation of Liability

VendingCrowd is a marketplace platform and is not responsible for the actions or inactions of Operators or Attendants. We do not guarantee the quality, safety, or legality of services offered through the platform. To the fullest extent permitted by law, VendingCrowd disclaims all liability for any damages arising from the use of our platform. VendingCrowd shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party's reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

12. Indemnification

You agree to indemnify and hold VendingCrowd, its affiliates, and its employees harmless from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the platform or violation of these Terms.

13. Changes to the Terms of Service

VendingCrowd reserves the right to modify these Terms of Service at any time. Changes will be communicated via email or by posting them on the platform. Your continued use of VendingCrowd after such changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts.

15. Independent Contractor Relationship

Attendants are independent contractors and not employees, agents, joint venturers, or partners of VendingCrowd or any Operator. VendingCrowd does not control how Attendants perform services, aside from platform requirements related to verification and compliance. Attendants are solely responsible for all taxes, insurance, permits, and licenses required to perform services.

Operators acknowledge that Attendants are not employees of VendingCrowd, and nothing in these Terms creates an employment relationship between any party.

16. Insurance and Risk Allocation

Attendants are solely responsible for maintaining any insurance necessary to perform services, including but not limited to general liability, auto insurance, and workers' compensation where required by law.

VendingCrowd does not provide insurance coverage for Operators, Attendants, vending machines, inventory, cash, or property. All services are performed at the parties' own risk.

17. Cash Handling and Loss Disclaimer

Cash collection services involve inherent risk. VendingCrowd is not responsible for theft, loss, miscounts, discrepancies, or delays in cash handling, whether occurring before, during, or after transfer to a Keyholder.

Operators acknowledge that cash counts confirmed by a Keyholder are final unless proven otherwise through clear evidence. VendingCrowd does not guarantee recovery of lost or stolen cash.

18. Background Checks and Verification

VendingCrowd may, but is not required to, conduct identity verification or background checks on users. Operators and Attendants acknowledge that VendingCrowd does not guarantee the accuracy or completeness of any verification and assumes no liability arising from user misconduct.

19. Intellectual Property

All content, software, trademarks, logos, and platform features are the exclusive property of VendingCrowd or its licensors. You may not copy, modify, distribute, sell, or exploit any part of the platform without prior written consent.

20. Confidentiality

Users agree not to disclose confidential information obtained through the platform, including but not limited to machine locations, access methods, pricing, inventory data, or personal information of other users.

21. Privacy

Use of the platform is subject to VendingCrowd's Privacy Policy, which governs how personal data is collected, used, and stored. By using VendingCrowd, you consent to data collection and use in accordance with that policy.

22. Prohibited Conduct

You agree not to:

• Use the platform for unlawful or fraudulent purposes
• Misrepresent your identity or qualifications
• Circumvent platform fees or payment systems
• Harass, threaten, or abuse other users
• Attempt to access systems or data not authorized to you

Violations may result in immediate suspension or termination.

23. No Guarantee of Work or Earnings

VendingCrowd does not guarantee that Operators will receive Attendants for any work order or that Attendants will receive work or income through the platform.

24. Assignment

You may not assign or transfer these Terms without VendingCrowd's prior written consent. VendingCrowd may assign these Terms without restriction.

25. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

26. Entire Agreement

These Terms constitute the entire agreement between you and VendingCrowd regarding use of the platform and supersede all prior agreements or understandings.

27. Contact Information

For questions regarding these Terms, please contact: support@vendingcrowd.com