Terms and Conditions
These Terms of Service constitute a legally binding agreement between you and Plateforme Connexion Inc. (“Company” or “Snow Remover” or “we” or “us”) governing your use of the Snow Remover Platform (as defined below) and Company’s Site (as defined below).
The Snow Remover Platform, located at www.snowremover.ca (the “Site”), owned and operated by the Company, and related services provided by the Company and the Site, including, without limitation, communications and the information (whether written, orally or otherwise, in any way) provided by the Company to the Contractors and Prospective and current Customers (both defined below) in relation to the Services, are hereinafter collectively referred to as “Snow Remover Platform”.
THIS AGREEMENT SHALL COME INTO FORCE ON THE DATE UPON WHICH YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT (BY CHECKING THE BOX “I ACCEPT” BELOW) AND WILL REMAIN IN FORCE AND EFFECT IN ACCORDANCE WITH THE TERMS PROVIDED HEREIN, UNLESS TERMINATED EARLIER.
THIS AGREEMENT IS ORIGINAL AND LEGALLY BINDING ONCE EXECUTED ONLINE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE CONTENT OF THIS AGREEMENT AND THAT BY CHECKING THE BOX “I ACCEPT” BELOW YOU ARE IN EFFECT SIGNING/EXECUTING THIS AGREEMENT.
YOU UNDERSTAND THAT BY CHECKING THE BOX “I ACCEPT” BELOW (A) YOU HEREBY (I) ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE TERMS OF THE PRESENT AGREEMENT, AND (II) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, AND (B) THE PRESENT AGREEMENT WILL AUTOMATICALLY COME INTO FORCE.
IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE PROVISIONS CONTAINED IN THE AGREEMENT (I) YOU MAY NOT USE OR ACCESS THE SNOW REMOVER PLATFORM, AND (II) PLEASE DO NOT CHECK THE BOX “I ACCEPT” BELOW.
You must be 18 years old or at least the legally required age in the jurisdiction in which you reside, and otherwise capable of entering into binding contracts, in order to use or access the Snow Remover Platform. If you are under 18 years old or the age of majority in your jurisdiction, then you may not use or access the Snow Remover Platform. Children under 13 years old are prohibited from accessing the Snow Remover Platform or otherwise providing any personal information to Snow Remover.
- “Snow Remover” or “Company” means Plateforme Connexion Inc., NE 779274679.
- “Customers”, “Customer”, “Individuals” and “Individual” mean any person and/or legal entity that submits or publishes a project on the site for a Contractor to bid on.
- “Project” means a request submitted by a Customer via our service.
- “Users”, “User” or “You” means any person who uses the services of Snow Remover.
- “Services” and “Service” means any procedure or service that is provided by Snow Remover to Users, which includes, but is not limited to: information, services and products provided by the Website, by telephone or by email.
- “Contractors” and “Contractor” refer to any snow removal company that registers on the Site to bid on projects submitted by Customers.
- “Site” and “Website” mean www.snowremover.ca and all pages, content and subdomains contained therein.
- “Potential Customer” is a Customer that has posted a Project on the Site whereby a Contractor is given the opportunity to view the Project and send a submission to the Customer.
- “Service Contract” means any agreement between a Contractor and a Customer on the services to be performed. A Service Contract may be concluded by a verbal exchange in person, by telephone, by email or in the form of a written statement or contract.
- The Snow Remover Platform Connects Contractors and Customers
The Snow Remover Platform is a web-based communications platform which enables connections between Customers and Contractors. Customers are individuals and/or businesses seeking to obtain services from Contractors and are therefore Customers of Contractors, and Contractors are individuals and/or businesses seeking to perform services for Customers. Customers become Potential Customers by posting and submitting Projects on the Site. Customers and Contractors together are hereinafter referred to as “Users.” If a Customer and a Contractor agree on the terms of a Project between themselves, the Customer and Contractor will form a Service Contract directly between the two of them as set forth in more detail below.
CONTRACTORS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF CUSTOMERS OR COMPANY. COMPANY DOES NOT PERFORM PROJECTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM PROJECTS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CONTRACTOR’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE PROJECTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
The Snow Remover Platform only enables connections between Users for the fulfillment of Projects. Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Projects, Contractors, Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Projects requested or services provided by, or the communications of or between, Users identified through the Snow Remover Platform, whether in public, private, or offline interactions or otherwise howsoever.
- Contractor Vetting and User Representations and Warranties
In Company’s sole discretion, Company will verify the legal authenticity of all Contractors before registering them on the Snow Remover Platform and making them available to Customers. Although Company may perform this authenticity check, Company is not required to do so and cannot confirm that each Contractor is who they claim to be. Company cannot and does not assume any responsibility for the accuracy or reliability of Contractor’s information or any information provided through the Snow Remover Platform.
Interacting with Other Users:
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Snow Remover will not be liable for any false or misleading statements made by Users of the Snow Remover Platform. NEITHER SNOW REMOVER NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “SNOW REMOVER AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SNOW REMOVER PLATFORM AND YOU HEREBY RELEASE SNOW REMOVER AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SNOW REMOVER PLATFORM.
User Representations and Warranties:
You represent and warrant that: (1) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Contractors additionally represent and warrant that you will provide timely, high-quality services to your Customers, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing Projects.
- Contract between Customers and Contractors
You acknowledge and agree that a legally binding contract (the “Service Contract”) is formed when a Customer agrees on the terms of a Project with a Contractor. The terms of the Service Contract, the engagement terms proposed and accepted, and any other contractual terms accepted by both the Contractor and their Customer, shall be solely between Contractor and Customer to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Contract and the formation of a Service Contract will not, under any circumstance, create an employment or other service relationship between Company and the Contractor (or Assistants (as defined below)), nor will it create an employment relationship between the Customer and the Contractor (or Assistants (as defined below)). Payment obligations resulting from any Project will be solely between Customer and Contractor. Snow Remover disclaims any other agency or authority to act on behalf of the Contractor, and assumes no liability or responsibility for any acts or omissions of the Contractor, either within or outside of the Snow Remover Platform.
Where approved in advance by the Customer, the Contractor may utilize any assistants, helpers, subcontractors or other personnel engaged by the Contractor (collectively “Assistants”). The Contractor assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Contractor and all persons engaged by the Contractor in the performance of the Projects.
While using the Snow Remover Platform, Customers, in their sole discretion, determine whether they will be present or not when a Project is performed and/or completed.
The Customer shall pay their Contractor directly for completed Projects at the rates agreed to by the parties in the Service Contract. Each User agrees to comply with the Service Contract and this Agreement during the engagement, performance and completion of a Project. Company is not obligated to pay Contractor for Customer’s failure to pay for services or Projects.
- Fees and Payment
The Company reserves the right at any time to alter the fees charged to Contractors for the annual subscription. In addition, the Company reserves the right at any time to charge fees for access to any additional portions and/or features of the Snow Remover Platform. You will be notified of any change in any fees.
In no event, however, will Contractor be charged any fee unless the Company first obtains the Contractor’s prior agreement to pay such charges. A Contractor may cancel their annual subscription at any time. Contractors agree to pay all fees and charges billed to Contractor as a result of their annual subscription with the Snow Remover Platform at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by the Contractor. In addition, Contractor shall pay all applicable taxes arising from Contractor’s annual subscription.
Contractors may, within thirty (30) days of the end of their subscription on the Site, request a refund of their annual subscription fees, ONLY IF THEY RECEIVED LESS THAN TWO (2) PROJECTS DURING THEIR ANNUAL SUBSCRIPTION PERIOD. Should a Contractor desire a refund, they must notify Snow Remover in writing of their request and the reason(s) behind such request within the time period provided above. No refunds will be provided if a request is received outside of the time limit provided above; even then, refunds will be provided in Snow Remover’s sole discretion and no refund will be provided as a result of the Contractors’ dissatisfaction at the amount of business, revenue, and/or profits, or the lack there of, arising from the Contractor’s use of the Site. Following any refund from Snow Remover, Contractor’s information, and any information provided to the Site by Contractor (including any information in Contractor’s profile), will be permanently removed from the public portions of the Site. Thereafter, Contractor will not be permitted to register or create an additional account or profile (whether paid or not) on the Site, at any point in the future.
Customers may utilize the Snow Remover Platform free of charge. They may submit and post Projects free of charge. However, the Company reserves the right at any time to alter the fees charged to Customer’s at any time to charge fees for access to any additional portions and/or features of the Snow Remover Platform. You will be notified of any change in any fees.
- Public Areas; Acceptable Use
The Snow Remover Platform may contain profiles, contact information, Project postings, 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 materials that are relevant and proper to the applicable forum. For the safety and integrity of the Snow Remover Platform, you should not share your personal contact information with other Users.
Without limitation, while using the Snow Remover Platform, you may not:
- Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Snow Remover staff, or use information learned from the Snow Remover Platform or during the performance of Projects to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Snow Remover Platform;
- Use the Snow Remover Platform for any unauthorized purpose, including, but not limited to posting or completing a Project in violation of local, state, 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 User, third party, or Company;
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
- Advertise or offer to sell any goods or services for any commercial purpose through the Snow Remover Platform which are not relevant to the Project services offered through the Snow Remover Platform;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
- Post the same Project repeatedly (“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 Snow Remover Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make are endorsed by Snow Remover, without the prior written consent of Snow Remover;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Snow Remover Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Snow Remover Platform or any portion thereof;
- Hack or interfere with the Snow Remover Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Snow Remover Platform for your own personal or commercial use;
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Snow Remover and Affiliates;
- Upload content to the Snow Remover Platform 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 in an abusive, violent or sexual manner;
- Use the Snow Remover Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Snow Remover Platform as set forth herein;
- Use the Snow Remover Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the Snow Remover Platform or the Project services in violation of this Agreement;
- Use the Snow Remover Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes; or
- Cause any third party to engage in the restricted activities above.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Snow Remover will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
- Termination and Suspension
Company may terminate or limit your right to use the Snow Remover Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If Company terminates or limits your right to use the Snow Remover Platform pursuant to this Section, you are prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Snow Remover Platform is terminated or limited, this Agreement will remain enforceable against you.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Snow Remover Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Snow Remover Platform. Company has the right to restrict anyone from completing registration as a Contractor if Company believes such person may threaten the safety and integrity of the Snow Remover Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Snow Remover Platform. All parts of this Agreement 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.
- Account, Password, Security, and Mobile Phone Use
If you are a Contractor, then to utilize certain features of the Snow Remover Platform you will be required to register with Company and create an account (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Snow Remover Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Snow Remover Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all terms provided herein. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.
- User Generated Content and Feedback
User Generated Content:
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and/or use of the Snow Remover Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Snow Remover is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Snow Remover has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Snow Remover Platform at its sole discretion.
You hereby represent and warrant to Company that your User Generated Content (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 on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality 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, false advertising, anti-spam or privacy); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to 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; (h) will not represent you being employed or directly engaged by or affiliated with Snow Remover or purport you to act as a representative or agent of Snow Remover; and (i) will not create liability for Company.
You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Snow Remover Platform.
Each Contractor who provides to Company any photographs or related media (collectively, “Media”), in exchange for the right to use the Snow Remover Platform, hereby waives any and all moral rights in connection with such Media and irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
- Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Contractor, and use, reproduce, modify, or creative derivatives of such Contractor picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “ Physical Likeness”);
- Use, and permit to be used, such Contractor’s Physical Likeness in the advertising, marketing, and/or publicizing of the Snow Remover Platform in any media; and
- Use, and permit to be used, such Contractor’s name and identity in connection with the Snow Remover Platform.
Each Contractor warrants and represents that they have the lawful authority to grant the rights set out above.
Each Contractor hereby waives all rights and releases Snow Remover and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Contractor’s identity, likeness or voice in connection with the Snow Remover Platform.
Each Contractor acknowledges that Snow Remover shall not owe any financial or other remuneration for using the recordings provided hereunder by such Contractor, either for initial or subsequent transmission or playback, and further acknowledges that Snow Remover is not responsible for any expense or liability incurred as a result of such Contractor’s recordings or participation in any recordings, including any loss of such recording data.
All Users acknowledge and agree that Customers may publish and request Snow Remover to publish on their behalf information on the Site about Contractors, such as feedback about the services and/or products provided by Contractor to Customer. However, such information is based solely on unverified data that Customers voluntarily submit to Snow Remover and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Snow Remover. Snow Remover may, or may not, post and make any such information available on the Site and provides such information solely for the convenience of Users.
You acknowledge and agree that all Customer feedback benefits the Site, all Users, and the efficiency of the Site and you specifically agree that Snow Remover may post composite or compiled feedback about all Contractors on the Contractor’s profile on the Site, or in any other place on the Site. You acknowledge and agree that feedback results for you, if any, may include Customer comments, ratings, and other feedback left exclusively by other Customers. Snow Remover provides its feedback system as a means through which Customers can share their opinions of Contractors publicly, and Snow Remover does not monitor, influence, contribute to or censor these opinions.
Snow Remover does not generally investigate any remarks posted by Users for accuracy or reliability and does not guarantee that any such remarks are accurate. Users are solely responsible for their User content, including the accuracy of the content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with their User content if such User content is legally actionable or defamatory. Snow Remover is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. Snow Remover reserves the right (but is under no obligation) to remove posted feedback or information that, in Snow Remover’s sole judgment, violates this Agreement or negatively affects the Site, diminishes the integrity of the Site or otherwise is inconsistent with the business interests of Snow Remover.
- Links to Third-Party Websites
The Snow Remover Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Company does not control any such websites, and is not responsible for their content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Snow Remover is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Snow Remover expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Snow Remover Platform. You hereby agree to hold Snow Remover harmless from any liability that may result from the use of links that may appear on the Snow Remover Platform.
- Worker Classification and Withholdings
SNOW REMOVER DOES NOT PERFORM PROJECTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM PROJECTS. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORKERS BASED ON APPLICABLE LEGAL GUIDELINES. IF A CUSTOMER, YOU INDEMNIFY AND HOLD SNOW REMOVER AND AFFILIATES HARMLESS, AND IF A CONTRACTOR, YOU FULLY AND FINALLY RELEASE SNOW REMOVER AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT CONTRACTORS OR ASSISTANTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF PROJECTS OR SERVICE CONTRACTS OR THE USE OF THE SNOW REMOVER PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF CONTRACTORS AND ASSISTANTS AND THE TERMINATION OR CESSATION OF ANY PROJECTS, SERVICE CONTRACTS, THIS AGREEMENT OR THE USE OF THE SNOW REMOVER PLATFORM.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges and agrees that Snow Remover does not, in any way, supervise, scope, direct, control or monitor a Contractor’s work or Projects performed in any manner. Company does not set a Contractor’s work hours or location of work. Snow Remover will not provide any equipment, tools, labor or materials needed for a particular Project. Snow Remover does not provide any supervision to Users.
The Snow Remover Platform is not an employment agency service or business and Snow Remover is not an employer of any User. As such, Snow Remover is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the Snow Remover Platform. Contractors acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Contracts and performing Projects and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Snow Remover Platform is owned by Snow Remover, excluding User Generated Content, which Users hereby grant Snow Remover a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Snow Remover owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Snow Remover Platform without Snow Remover’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Snow Remover and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Snow Remover, including without limitation Snow Remover and Snow Remover logos, are service marks owned by Snow Remover. Any other trademarks, service marks, logos and/or trade names appearing via the Snow Remover Platform 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.
- Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Snow Remover 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 using the Snow Remover Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Snow Remover in writing of any circumstances that 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 Snow Remover upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Snow Remover’s trade secrets, confidential and proprietary information, and all other information and data of Snow Remover 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, strategic and other proprietary and confidential information relating to Snow Remover or Snow Remover’s business, operations or properties, including information about Snow Remover’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- Disclaimer of Warranties
(a) Use of the Snow Remover Platform is entirely at your own risk
THE SNOW REMOVER PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNOW REMOVER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SNOW REMOVER PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SNOW REMOVER PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SNOW REMOVER PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Snow Remover does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Snow Remover Platform or any hyperlinked website or featured in any banner or other advertising, and Snow Remover will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Without limiting the foregoing, Snow Remover and Affiliates do not warrant that access to the Snow Remover Platform will be uninterrupted or that the Snow Remover Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Snow Remover Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Project, service, information or materials provided through or in connection with the use of the Snow Remover Platform. Snow Remover and Affiliates are not responsible for the conduct, whether online or offline, of any User. Snow Remover and Affiliates do not warrant that the Snow Remover Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Snow Remover and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other 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.
(b) No Liability
You acknowledge and agree that Snow Remover is only willing to provide the Snow Remover Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Snow Remover and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Snow Remover Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that 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 Snow Remover and Affiliates and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL SNOW REMOVER AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SNOW REMOVER, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SNOW REMOVER PLATFORM OR THE PROJECT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
SNOW REMOVER AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SNOW REMOVER PLATFORM. SNOW REMOVER AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SNOW REMOVER PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SNOW REMOVER AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF FIVE HUNDRED (500) CANADIAN DOLLARS, OR THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
- (c) Release
THE SNOW REMOVER PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE SNOW REMOVER IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE PROJECT, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE SNOW REMOVER AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
You hereby agree to indemnify, defend, and hold harmless Snow Remover and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Snow Remover Platform or perform Projects, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Snow Remover Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Snow Remover reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Snow Remover.
- Governing Law
This Agreement and your use of the Snow Remover Platform will be governed by, and will be construed under, the laws of the Province of Quebec, Canada, without regard to choice of law principles.
- No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- General Provisions
Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 23 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.
Contractors alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking. If you have questions about how local laws apply to your Projects and services on the platform, you can and should first seek separate legal guidance.
- Changes to this Agreement and the Snow Remover Platform
- Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Snow Remover Platform, please contact us by email at [firstname.lastname@example.org].