These rules and regulations govern the use of the services offered by handyhelper.ca at the Handyhelper.ca service. Such services and web site together are hereinafter referred to as the “Service.” Please read these rules and regulations before using the Service. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these rules and regulations you are not permitted to use the Service.The Rules and Regulations are hereinafter referred to as this “Agreement.”
This Agreement is subject to change at any time, effective upon posting on the Service. Your use of the Service after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these rules and regulations to see if any changes have been made.
handyhelper.ca is a communications platform for enabling the connection between individuals seeking to obtain services (JOBPOSTERS) and/or individuals seeking to provide services (HELPERS). JOBPOSTERS are hereinafter referred to as "Users." Those certain services requested by the JOBPOSTERS, which are to be completed by the HELPERS are hereinafter referred to as “Tasks.”
handyhelper.ca is just a platform
Handyhelper.ca is a communications platform for enabling connections between Users. Handyhelper.ca does not take part in the interaction between Users. Handyhelper.ca does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Tasks provided by JOBPOSTERS, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Handyhelper.ca does not have control over the quality, timing or legality of Tasks delivered by its HELPERS. Handyhelper.ca makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although Handyhelper.ca does perform background checks of HELPERS, Handyhelper.ca cannot confirm that each User is who they claim to be. Handyhelper.ca does not assume any responsibility for the accuracy or reliability of this information or any information on the Service.
Handyhelper.ca does check the backgrounds of HELPERS. However, when interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER Handyhelper.ca NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. Handyhelper.ca AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Transactions
Users of the Service contract for Tasks directly with other Users. Handyhelper.ca will not be a party to any contracts for Tasks or services. Handyhelper.ca facilitates these contracts by supplying a medium for the exchange of money. JOBPOSTERS offer Payments for each requested Task run. When a Task is marked as closed by the JOBPOSTER, the agreed upon Payment will be transferred to the HELPERS online account. When the Task is marked complete by the HELPER, which is an optional action, the JOBPOSTER will have 2 (two) days before the Task is automatically marked complete in the system database and the HELPER is paid the agreed upon Payment. The Payment must be paid through the email Interac or Paypal to handyhelper.ca prior to the task commencing. Any Payments paid in cash outside of the Handyhelper.ca Web Service are NOT subject to refunds. Any reimbursement expenses that are incurred by a HELPER in connection with the completion of a Task may, however, be paid in cash offline or through the Handyhelper.ca Web Service.
Release
Handyhelper.ca is only a venue for connecting Users. Because Handyhelper.ca is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Handyhelper.ca (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Handyhelper.ca expressly disclaims any liability that may arise between Users of its Service.
Public Areas
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
- •Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- •Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- •Use the Service for any purpose which is in violation of local, provincial, national, or international law.
- •Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- •Upload files that contain viruses, corrupted files, or any other similar software that may damage the operation of another's computer.
- •Advertise or offer to sell any goods or services for any commercial purpose on the Service which are not relevant to the services offered on the Service.
- •Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- •Impersonate another person or allow any other person or entity to use your identification to post or view comments.
- •Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- •Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
- •Restrict or inhibit any other User from using and enjoying the Public Areas.
- •Imply or state that any statements you make are endorsed by Handyhelper.ca, without the prior written consent of Handyhelper.ca.
- •Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Handyhelper.ca in any manner.
- •Hack or interfere with Handyhelper.ca, its servers or any connected networks.
- •Adapt, alter, license, sublicense or translate Handyhelper.ca for your own personal or commercial use.
- •Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Handyhelper.ca.
- •Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- •Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
All submissions made to Public Areas will be public, and Handyhelper.ca will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
No Commercial Use or Solicitation
The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of Handyhelper.ca.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Task services facilitated through Handyhelper.ca without express written permission from Handyhelper.ca.
You may not use the Service to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of Handyhelper.ca.
Your Information
"Your Information" is defined as any information and materials you provide to Handyhelper.ca or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to Handyhelper.ca that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Handyhelper.ca or cause Handyhelper.ca to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Solely to enable Handyhelper.ca to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Billing and Payment Policy
JOBPOSTERS are obligated to pay for the services of the Service, unless specifically notified otherwise. TaskPosters can also pay at the end of a completed Task transaction. The price structure may change at any time without advance notification.
No refunds or credits will be provided. At Handyhelper.ca's sole discretion, refunds or credits may be granted in extenuating circumstances, or to correct any errors made by Handyhelper.ca.
While Handyhelper.ca will use commercially reasonable efforts to ensure the security all personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Handyhelper.ca harmless for any damages that may result therefrom.
Employment and Withholding
Handyhelper.ca is not an employment service and does not serve as an employer of any Helper or Jobposter or user. As such, Handyhelper.ca will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agrees that if Handyhelper.ca is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to Handyhelper.ca an equivalent amount, including any interest or penalties thereon.
Termination and Suspension
Handyhelper.ca may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Handyhelper.ca may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Handyhelper.ca posted on the Service from time to time, or if Handyhelper.ca otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Handyhelper.ca terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Handyhelper.ca reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Service is owned by Handyhelper.ca or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Handyhelper.ca owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Handyhelper.ca's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Handyhelper.ca and/or the relevant right holder.
The service marks and trademarks of Handyhelper.ca, including without limitation Handyhelper.ca and the Handyhelper.ca logo are service marks owned by Handyhelper.ca. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Modifications to the Service
Handyhelper.ca reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. Handyhelper.ca will not be liable to any party for any modification or discontinuance of the Service.
Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Handyhelper.ca and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify TaskRabbit.com in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handyhelper.ca upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Handyhelper.ca’s trade secrets, confidential and proprietary information and all other information and data of Handyhelper.ca that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER Handyhelper.ca NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER Handyhelper.ca NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
NEITHER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN HELPERS.
NEITHER Handyhelper.ca NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
Handyhelper.ca AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
No Liability
YOU AGREE NOT TO HOLD Handyhelper.ca, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY Handyhelper.ca OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL Handyhelper.ca ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Handyhelper.ca OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO Handyhelper.ca DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Indemnification
You hereby agree to indemnify, defend, and hold harmless Handyhelper.ca, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. Handyhelper.ca reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Handyhelper.ca
Dispute Resolution and Governing Law
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Handyhelper.ca agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Handyhelper.ca. Handyhelper.ca’s address for such notices is Handyhelper.ca, Box 9 Site 13 RR9 T2J 5G5 Calgary, AB
Binding Arbitration. If you and Handyhelper.ca are unable to resolve a Dispute through informal negotiations, either you or Handyhelper.ca may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
Special Promotions
Handyhelper.ca may from time to time provide certain promotional opportunities to JOBPOSTERS All promotions will be run at the sole discretion of Handyhelper.ca, and can be activated, modified or removed at anytime by Handyhelper.ca without advance notice.
No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
General Provisions
Failure by Handyhelper.ca to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of the Canada. This Agreement constitutes the entire agreement between you and Handyhelper.ca with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Handyhelper.ca, its successors and assigns.
Changes to this Agreement and the Service
Handyhelper.ca reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Handyhelper.ca may change, modify, suspend, or discontinue any aspect of the Service at any time. Handyhelper.ca may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE Handyhelper.ca PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.