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Welcome to HandyCanadian.com, a division of Handy
Canadian Inc. This Agreement describes your responsibilities and
limits our liability, among other things. Please read it carefully
before submitting a registration form or using the HandyCanadian.com
web site (the "Site"). It is a condition of registration
and use that you agree and are subject to these terms.
1. General Disclaimer
In using HandyCanadian.com's service, you acknowledge that HandyCanadian.com
is not acting as your general contractor, agent, or advisor. Therefore,
it is your sole responsibility to select a contractor and to negotiate
the terms for any work performed. You may want to consult with appropriate
expert advisors to assist in your home improvements, including a
lawyer regarding contracts, permits, and other necessary job documentation
and an insurance professional regarding the contractor's and your
own insurance coverage requirements. HandyCanadian.com does not
recommend or endorse any specific service provider, provide advice
on which service provider to select, or screen any individual service
provider's personal credit or legal standing.
We do not guarantee that we will be able to match your service
needs with a service professional or that there are service professionals
in your area that either are capable or willing to complete your
service needs. We make no guarantees or representations regarding
the application or installation skills of such service professional
or the quality of the job that he or she may perform for you if
you elect to retain their services. It is entirely up to you to
enter into a direct contract or otherwise reach agreement with a
service professional, and we do not guarantee or warrant their performance
on the job or the outcome or quality of the services performed.
Your rights under contracts you make with service professionals
typically are governed by your province and local laws. Should you
have a dispute with any service professional, you must address such
dispute to the service professional directly, and you hereby agree
to release HandyCanadian.com (and our employees and agents) and
any other person, firm, or entity (including our business partners
such as a product manufacturer or supplier who may employ the HandyCanadian.com
matching utility) from any damages or claims (including consequential
and incidental damages) of every kind or nature, suspected and unsuspected,
known and unknown, and disclosed or undisclosed, arising out of
or in any way connected with such disputes and your dealings with
service professionals.
HandyCanadian.com relies on electronic data provided by third parties
and on statements made by service providers and their references
to determine which service providers to include in our database.
Due to the inherent time delay in the data gathering process, pending
actions or other issues affecting a service provider's record may
have occurred which were not captured by the third party data sources
used. HandyCanadian.com does not guarantee that any service provider
has licensing or insurance coverage at the time you enter into an
agreement with the service provider and makes no representation
as to the adequacy of any licensing or insurance coverage (including
amount, breadth, or type). The existence of an insurance or licensing
certificate does not guarantee that the insurance is in effect,
as the service provider may cancel the insurance without HandyCanadian.com's
knowledge. Unless otherwise specifically stated, HandyCanadian.com
does not endorse any product or service described in, offered on,
or linked to HandyCanadian.com's websites.
2. Acceptance of terms
The Site is owned by Handy Canadian Inc. HandyCanadian.com makes
available through the Site information, documents, images, products,
software and various services (collectively, the "Services"),
subject to the following Terms and Conditions (the "Terms of
Use"). By using this Site, including access to the Services,
you agree to these Terms of Use. Your use of the Site will be subject
to the most current version of the Terms of Use posted on the Site
at the time of such use. If you breach any of the Terms of Use,
your authorization to use this Site automatically terminates and
you must immediately destroy any materials downloaded or printed
from the Site and cease any further use of the Services.
3. Registration responsibilities
Access to and use of the Services are only available to individuals
who have registered. You agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
HandyCanadian.com is concerned about the safety and privacy of
all its users, particularly children. Our services are available
only to individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are
not available to persons under the age of eighteen (18) or to anyone
who may not legally work within Canada. Any misstatements and/or
misrepresentations regarding the age, background, experience and/or
eligibility for employment in the jurisdiction of the Canada of
any Contractor or any other users of this Site are not the responsibility
of HandyCanadian.com. HandyCanadian.com may monitor Homeowner, Business
Owner and Contractor profiles, actions, comments, and general usage
of the Site and reserves the right to remove any Homeowner, Business
Owner or Contractor not adhering to the Terms of Use.
4. Password and security
You will receive a password and account designation upon completing
the registration process. You are responsible for maintaining the
confidentiality of the user name and password, and are fully responsible
for all activities that occur under your user name and password.
You agree to (a) immediately notify HandyCanadian.com of any unauthorized
use of your user name and password or any other breach of security,
and (b) ensure that you exit from your account at the end of each
session. HandyCanadian.com cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
5.
HandyCanadian.com grants you a personal, non-transferable and non-exclusive
right and license to use the Services by providing the user a user
name and password to a single person. You agree not to provide any
other individual access to HandyCanadian.com via your login information.
5. Registrant Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not HandyCanadian.com, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Site. HandyCanadian.com does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will HandyCanadian.com be liable in any way for any Content provided
by users of the Site, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Site.
You may not use this Site in any manner to create, upload, post,
or otherwise transmit any material or information which: (I) is
libelous, obscene, violent, scandalous, discriminatory or defamatory,
(ii) contains viruses or other contaminating or destructive features,
(iii) violates the personal, proprietary, or intellectual property
rights of any third party, or (iv) in any other manner contravenes
applicable statutes, laws, rules, orders, regulations, bylaws or
other legal requirements.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
6. Indemnity
You agree to indemnify and hold HandyCanadian.com, and its affiliates,
officers, agents, or other partners, and employees, harmless from
any liability, claim or demand, including reasonable legal fees,
due to or arising out of: Content you submit, post, transmit or
make available through the Service; your violation of the Terms
of Use; your conduct or misconduct in dealings with other users
of the Site or the Services; or your violation of any rights of
another.
7. Modifications to service
HandyCanadian.com reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that HandyCanadian.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
8. Termination of account
You agree that HandyCanadian.com, in its sole discretion, may at any
time terminate your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, at the end of your
subscription period or if HandyCanadian.com believes that you have
violated or acted inconsistently with the letter or spirit of the
Terms of Use. HandyCanadian.com may also in its sole discretion and
at any time discontinue providing the Service. The limitations and
disclaimers of warranties, and the indemnity obligations, and the
provisions of governing law, jurisdiction and venue, shall survive
any such termination.
9. Dealings with advertisers
Your dealings with advertisers found on or through the Site, are
solely between you and such advertiser. You agree that HandyCanadian.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Site.
10. Links
This Site contains links to third-party Web sites that are not under
the control of HandyCanadian.com. HandyCanadian.com makes no representations
whatsoever about any other Web site to which you may have access
through this Site. HandyCanadian.com provides these links merely as
a convenience and the inclusion of such links does not imply that
HandyCanadian.com endorses or accepts any responsibility for the content
or uses of such Web sites.
11. HandyCanadian.com's proprietary rights
You acknowledge and agree that the Site and any necessary software
used in connection with the Site contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through
the Site or advertisers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by HandyCanadian.com or advertisers, you agree
not to decompile, reverse engineer, modify, rent, lease, loan, sell,
distribute or create derivative works based on the Site, in whole
or in part or otherwise attempt to discover the source code of any
of the software available on or through the Site. Except as otherwise
indicated elsewhere on this Site, you may view, download, modify
and print the materials available on the Site provided that: your
registration is in good standing and you are in compliance with
these Terms of use; you may not remove any copyright, trademark
or other proprietary notices contained in the materials; and the
rights granted to you constitute a limited license and not a transfer
of title.
12. Disclaimer of warranties, representations and conditions
This Site acts as a venue, among other things, for Homeowners and
Business Owners to post job opportunities, Homeowners and Business
Owners to search and review Contractor profiles, and for Contractors
to review Homeowners and Business Owners profiles and jobs.
HandyCanadian.com does not screen or censor the profiles offered.
As a result, HandyCanadian.com has no control over the quality,
safety or legality of the jobs or resumes posted, the truth or accuracy
of the listings, the ability of Homeowners and Business Owners to
offer job opportunities to Contractors or the ability of Contractors
to fill job openings. Accordingly, there will be no refunds of fees
paid to HandyCanadian.com members for use of the service.
In addition, there may be risks, including but not limited to risk
of physical harm of dealing with strangers, underage persons or
people acting under false pretences. You assume all risks associated
with dealing with other users with whom you come in contact through
the Site.
Because user authentication on the Internet is difficult, HandyCanadian.com cannot and does not confirm that each user is who they claim
to be. Because we do not and cannot be involved in user-to-user
dealings or control the behaviour of participants on this Site,
in the event that you have a dispute with one or more users, you
release HandyCanadian.com (and our agents and employees) from all
claims, demands and damages 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.
While reasonable effort is made to ensure that all information,
data, software and materials provided at the Site does not contain
computer viruses, HandyCanadian.com does not warrant that the Site
and its server(s) are free of computer viruses and other harmful
material and you should take reasonable and appropriate precautions
to scan for computer viruses and should ensure that you have a complete
and current backup of the applicable items of information contained
on your computer system.
HandyCanadian.com does not control the posting of all the materials
included in the Services, nor will it verify the timeliness or content
of such materials. HandyCanadian.com will not be liable in any amount
for failure to perform if such failure is caused by the occurrence
of cause beyond the reasonable control of HandyCanadian.com including,
without limitation, outages of the Internet or connections thereto,
communications outages, earthquake, fire, flood, war, or act of
God; or any acts of governmental bodies or authorities.
13. Registration And Subscription
Although Homeowners and Business Owners may register as a Member
of the Service for free, Contractors who wish to use the Service
to initiate most communication with other members and use certain
other parts of the Service, Contractors must become a subscriber
and pay the fees that are set out in Our price list. This price
list is part of this Agreement And We reserve the right, at any
time, to change any fees or charges for using the Service. To become
a Member, You must register for the Service. When and if You register
to become a Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form,
and to maintain and update Your information to keep it accurate,
current and complete. You agree that We may rely on Your Registration
Information as accurate, current and complete. You acknowledge that
if Your Registration Information is untrue, inaccurate, not current
or incomplete in any respect, We reserve the right to terminate
this Agreement and Your use of the Service and, in such event, You
shall not be entitled to a refund of any unused subscription fees.
14. Feedback, Ratings, Reviews, Rebuttals
and Testimonials
Additionally, we collect feedback from users (called ratings and
reviews) about the performance of Service Professionals (Contractors)
who work for them. We also collect general feedback and testimonials
from users of our service and system. By providing such feedback
to us, you consent to our use, publication and/or distribution of
such feedback at no compensation to you, and if you are a Service
Professional in our system, you acknowledge that all such ratings
and reviews are solely owned by HandyCanadian.com, and you consent
to the publication of ratings and reviews about you and your business.
The contributor hereby acknowledge and warrant that all of the
information contained in any Feedback, Ratings, Reviews, Rebuttals
and Testimonials submitted will be factually accurate.
Once a Feedback, Rating, Review, Rebuttal and/or Testimonial is
submitted to HandyCanadian.com for publication, it becomes the property
of HandyCanadian.com and contributor and contractor agree to assign
or will assign all rights, title and interest in the content of
a Review to HandyCanadian.com.
In so far as the content of a Feedback, Rating, Review, Rebuttal
and/or Testimonial has not yet been assigned to HandyCanadian.com,
you hereby warrant that you are able to and grant to HandyCanadian.com
a royalty-free, perpetual, irrevocable, non-exclusive, world-wide
right and license to use, reproduce, modify, adapt, publish, translate
and distribute and / or incorporate into other works in any form,
media or technology now known or hereafter developed any copyrights,
trade-mark rights or other proprietary rights in the content that
are not owned by you.
Feedback, Rating, Review, Rebuttal and/or Testimonial represent
the opinion of the contributor. If HandyCanadian.com finds that
a contributor has submitted a false or misleading Feedback, Rating,
Review, Rebuttal and/or Testimonial, HandyCanadian.com reserves
the right to delete the Feedback, Rating, Review, Rebuttal and/or
Testimonial and reject subsequent submissions from that contributor.
HandyCanadian.com does not take responsibility for the accuracy
or completeness of Feedback, Rating, Review, Rebuttal and/or Testimonial.
It is the responsibility of the Site's users to evaluate the accuracy,
completeness and / or usefulness of any information, opinion, advice
or other content found on the Site.
HandyCanadian.com makes no claim to verifying the authenticity or accuracy of any testimonial before it is published to its website. HandyCanadian.com will not edit testimonials in any way other than to correct spelling mistakes and blatant grammatical errors. HandyCanadian.com has the discretion to remove testimonials that include foul or vulgar language. Notwithstanding, HandyCanadian.com reserves the right to add, change or remove reviews at any time. HandyCanadian.com is not responsible for the contents of reviews posted to any contractor's profile.
HandyCanadian.com reserves the right to monitor Feedback, Ratings,
Reviews, Rebuttals and/or Testimonials and edit submissions by contributors
to ensure compliance with these Terms of Use and any applicable
laws. HandyCanadian.com further reserves the right to paraphrase
or otherwise edit Feedback, Ratings, Reviews, Rebuttals and/or Testimonials.
Material and content published in a Feedback, Rating, Review,
Rebuttal and/or Testimonial on the Site are the sole responsibility
of the contributor. This means that a contributor, and not HandyCanadian.com,
is entirely responsible for all material and content submitted to
HandyCanadian.com and which may be contained in a Feedback, Rating,
Review, Rebuttal and/or Testimonial.
HandyCanadian.com reserves the right to deny requests to remove
any Feedback, Ratings, Reviews, Rebuttals and/or Testimonials from
the site including members profile information.
Under no circumstances will HandyCanadian.com be liable in any
way for any material and content, including but not limited to,
any errors or omissions in any material and content, or for any
loss or damage of any kind incurred as a result of the use of or
reliance upon the material and content published in a Feedback,
Rating, Review, Rebuttal and/or Testimonial.
15. Leads, Jobs, Projects and Other Site Communications
All leads, jobs, projects and other information generated, delivered and/or presented to our members may NOT be resold, redistributed or given to any other individual, company or third party. Leads delivered, jobs or projects posted on, or generated through our site are strictly for the use of the member receiving the information directly via our site or service. Members failing to adhere to these rules and resells, redistributes, delivers or passes on information regarding the leads, jobs or projects posted on, or generated through our site will faces legal repercussions to the full extent of the law.
16. Term and Termination
This Agreement will remain in full force and effect while You use
the Service and/or are a Member. You may terminate your membership
at any time, for any reason by following the instructions on the
Cancel membership page located at handycanadian.com/members_settings_membership_suspend.asp, or upon receipt by HandyCanadian.com
of Your written or email notice of termination. Either You or HandyCanadian.com
may terminate your membership by removing your profile, at any time,
for any reason, with or without explanation, effective upon sending
written or email notice to the other party. Upon such termination
by HandyCanadian.com without cause, You
shall not be entitled to nor shall We be liable to You for any refund
of any unused portion of any subscription payments the We have received
from You, and We may continue to bar Your use of the Service in
the future. Even after membership is terminated, this Agreement
will remain in effect.
17. Warranties and disclaimers
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY
OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HANDYCANADIAN.COM
MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU
FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME PROVINCES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED
TO NINETY (90) DAYS.
IN NO EVENT SHALL HANDYCANADIAN.COM BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SERVICES, THE SITE OR OF ANY WEB SITE REFERENCED
OR LINKED TO THE SITE.
18. Governing Law and jurisdiction
This Site is controlled by Handy Canadian Inc. from its offices
within the province of Ontario, Canada. By accessing this Site,
you and Handy Canadian Inc. agree that the statutes and laws of
the Province of Ontario, without regard to the conflicts of laws
principles thereof, shall govern all matters relating to your access
to, or use of, this Site and any Materials or Services. You and
Handy Canadian Inc. also agree and hereby submit to the exclusive
personal jurisdiction and venue of the Superior Court of Ontario
with respect to such matters. |
