JOBJAR SOLUTIONS INC. PLATFORM.
TERMS AND CONDITIONS
Application of this Agreement
This Agreement governs your access to and use of the JobJar platform described below as either a purchaser of home services (a “Homeowner”) from skilled individuals and/or companies for the purpose of engaging them to complete home maintenance, repair and improvement services (the “Home Services”) or a skilled doer, providing home maintenance, repair and improvement services (the “Skilled Doer”).
The following terms and conditions of this agreement, as amended from time to time, (this “Agreement”) will govern the relationship between JobJar Solutions Inc., a company incorporated under the laws of the Province of Alberta, having a principal place of business at 1505 - 15th Avenue SW, Calgary, Alberta, T3C 0Y1 (hereinafter “JobJar”) and the Homeowner using the JobJar platform, including any related software, apps, website and associated services (collectively, the “Platform”) that enables homeowners to identify and contact individuals and companies for the purposes of engaging a Skilled Doer to provide Home Services and Homeowner’s receipt of Home Services pursuant to agreements (each a “Service Contract”) entered into by Homeowner and Skilled Doers through the Platform.
The following definitions shall have the meaning set forth below:
“Account” means the profile that the User creates to interact with the Platform;
“Business Day” means a day when the five (5) major chartered banks are open for business in the Province of Alberta, and shall exclude Saturday, Sunday and statutory holidays;
“Users” means anyone who accesses the Platform, and includes both the Homeowners and the Skilled Doers;
“You” means the individual accessing the Platform, whether Homeowner or Skilled Doer.
Acceptance of Terms and Conditions
By completing the registration process and clicking the “I Agree” button, You hereby represent and warrant to JobJar, and acknowledge that JobJar is relying upon these representations and warranties, that you are authorized by to bind Homeowner to this Agreement.
You authorize JobJar to accept, rely upon and process any transaction that you transmit on the Platform. You agree that by clicking on “I Agree” button, and that the use by You or someone purporting to be You is the legal equivalent to Your written, signed instructions. You agree that You have the legal authority and capacity to bind these Terms and Conditions, and that both JobJar and the other party(ies) with whom You are contracting (Homeowner/Skilled Doer, as the case may be) are entitled to rely on Your representations and warranties contained herein.
IF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT ACCEPTABLE TO HOMEOWNER, DO NOT CLICK ON THE “I AGREE” BUTTON.
Right to Deny Access
JobJar reserves the right to deny access to an Account, some or all of the Services in its sole discretion under any circumstance, which could include, but is not limited to the following:
If, in JobJar’s judgment, any activities related to Your access to and use of the Platform are illegal or fraudulent; or
If, in JobJar’s judgment, access to Your Account(s) through the Platform is being performed fraudulently or without Your consent.
JobJar may amend this Agreement at any time by updating and posting a new Agreement in place of the old one on the Platform. These changes may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement. JobJar will inform Users when this Agreement has been amended by providing notice to Users on the Platform. The amended Agreement will automatically be effective when JobJar posts a notification in respect of an update unless the notice specifies a later effective date, in which case, the amended Agreement will be effective on such later effective date. Your continued access and use of the Platform following (i) the effective date of the amendment, or (ii) the posting of the amended Agreement to the Platform by JobJar, shall mean that You are deemed to have accepted the terms and conditions of this Agreement, as amended. If You does not agree with any of the terms or conditions in the amended Agreement then You shall immediately cease all access to the Platform and terminate this Agreement as provided herein, which shall be Your sole recourse and remedy in the event You are dissatisfied with the amended Agreement. In the event that You are a Skilled Doer and You cease all access to the Platform, You agree and acknowledge that any historical reviews about any services that You have previously provided, and/or Your rating will not be deleted, but remain part of the Platform.
In the event that, prior to the effective date of any amendment to this Agreement, You have entered into one or more Service Contracts to purchase Home Services, the unamended Agreement as it applies to those Home Services Contracts shall govern the provision of those Home Services.
Your License to the Platform
Provided that You are fully complying with all of the terms and conditions of this Agreement, JobJar grants to You a non-exclusive, non-transferrable, royalty-bearing license to use, access and participate in the Platform as either a purchaser or a provider of Home Services in accordance with the terms and conditions of this Agreement.
JobJar reserves the right to terminate Your right and license to access and participate in the Platform at any time immediately on notice if, in its sole and unfettered discretion, JobJar determines or believes that one or more of the following has occurred or may occur: (a) You are in breach of this Agreement; (b) there has been an excessive number of complaints about You and/or Your conduct vis a vis other Users; (c) there has been an excessive number of complaints against You relating to Your failure to be responsive to communications from other Users; (d) You are subject to a government investigation; (e) You fail to provide true, accurate, complete and current information when requested or required to do so; (f) You have engaged in any activity that may potentially damage the reputation of JobJar; (g) You have engaged in any activity that may potentially damage the goodwill associated with the Platform or any of JobJar’s trademarks; (h) You have engaged in any activity which is harmful or potentially harmful including, without limitation, that which places any person’s health or safety at risk or places the integrity or security of the Platform at risk; (i) You have engaged in any activity which in any way violates any federal, provincial or local governmental law, statute, ordinance or regulation in any jurisdiction; or (j) You have engaged in any activity which, in JobJar’s sole discretion, creates liability or damage or potentially creates liability or damage to JobJar.
In addition to any other right of termination contained herein, JobJar reserves the right to terminate and/or suspend access by You, or anyone else, in its sole discretion, without cause or reason, at any time with or without notice.
You agree to bear all risks, costs and damages that You may incur or suffer as a result of JobJar’s termination of Your participation in the Platform for any reason. You agree to hold JobJar harmless against all causes of action stemming from any such termination.
You may only use the Platform for Your own purposes in connection with the provision and/or receipt of Home Services, as applicable. You shall not use or permit the use of the Platform for the benefit of any third party.
JobJar may monitor Your use of the Platform to ensure compliance with this Agreement.
In order to participate in the Platform as either a purchaser or provider of Home Services, You are required to register. Your right to use the Platform as a purchaser or provider of Home Services does not commence unless and until JobJar has notified You that Your registration as a purchaser or provider of Home Services has been accepted.
You shall provide all information requested during the registration process. This information may include a GST registration number and/or copy of Your current liability insurance certificate (for a Skilled Doer) and evidence of any licensing, permitting, certification or other legal requirement.
By completing Your registration, You agree to provide true, accurate, current and complete information about You, and keep it current and updated at all times.
If You are providing Home Services, You consent to providing JobJar with a copy of Your recent criminal record check and/or other check on You, Your employees and contractors. You agree, if applicable, to provide all reasonable assistance to JobJar in connection with these checks, and agree to bear the costs associated with such checks. Further, you agree to ensure that JobJar receives a copy of the criminal record and/or background check from one its specified providers concurrently with (and directly from the provider) when it is provided to You.
You shall only maintain one registration on the Platform.
Changes to the Platform
JobJar may add, remove or change any part of the functionality provided by the Platform without prior notice to You, in order to reflect changes in JobJar’s business needs, developing business models, changes in legislation, changes in technology, changes in the general requirements of the Users and changes in the general requirements of Home Services. Therefore, JobJar may, in its sole and unfettered discretion, alter, add to and delete from any aspect of the Platform at any time. JobJar will use commercially reasonable efforts to provide notice to You of any material changes. However, JobJar reserves the right to change the Platform in any manner without notice.
The Platform as it may be modified by JobJar from time to time will automatically be subject to the terms and conditions of this Agreement without any notice to You.
JobJar reserves the right to establish the type and amount, if any, of support that it will provide in relation to the Platform and the times that the support will be available. As well, JobJar reserves the right to limit Your access to the support in the event You are using an excessive amount of support.
Unless otherwise specified, JobJar shall have no obligation to provide any maintenance or support services whatsoever in connection with the Platform including, without limitation: (a) error correction; (b) answering any inquiries in connection with the Platform including in connection with the use of the Platform; or (c) delivery of any updates, upgrades or any enhancements to the Platform.
JobJar may, in its sole discretion, perform maintenance on the Platform. JobJar will use commercially reasonable efforts to perform such maintenance at such times to minimize the impact on the Platform and Users use of the Platform. JobJar will use commercially reasonable efforts to provide advance notice of any scheduled maintenance by posting a message on the Platform of the scheduled maintenance time and the anticipated duration of such maintenance.
In order to access the Platform, Users will be required to have a current browser as set out in JobJar’s documentation. As well, for certain mobile activities, Users will be required to download JobJar’s mobile app from Google or Apple.
Contracting to Purchase or Provide Home Services
The Platform sets out a number of means by which Skilled Doers and Homeowners can enter into a Service Contract for the provision of Home Services. In particular, a Homeowner has no obligation to select the lowest bid from a home service provider and may select a home service provider based on any criteria they may choose.
Upon acceptance of Service Contract between a Skilled Doer and a Homeowner, the Skilled Doer and Homeowner each agree that the Home Services to be provided by the selected Skilled Doer in accordance with the description of the service as detailed in the service engagement solicitation (the “Solicitation”), including without limitation any requirements in respect of:
1. start and end dates;
2. services and/or materials to be provided by the Homeowner and/or Skilled Doer;
3. scope of work to be completed; and
The description of the Home Services set out in the Solicitation as well as any other terms or conditions set out in the Solicitation, all terms and conditions set out on the Platform which apply to the Home Services and the provisions of this Agreement which apply to the Home Services shall, together, constitute the Service Contract. The Service Contract shall be strictly between Homeowner and Skilled Doer in respect of the particular Home Service. JobJar shall have no obligation or liability to Users in respect of the Home Services, the Service Contract or the relationship between Homeowner and Skilled Doer however the same may arise.
You agree and acknowledge that You shall not contact another User (Homeowner or Skilled Doer, as the case may be) outside of the Platform for the purposes of engaging them or being engaged for the provision of the Home Services set out in the Solicitation in order to, directly or indirectly in any manner whatsoever, avoid any of the fees associated with the Platform or otherwise.
As a Skilled Doer, you agree and acknowledge that none of Your terms and conditions of the Home Services shall apply unless, prior to the Homeowner and Skilled Doer entering into the Service Contract (or the Solicitation), the same are clearly brought to the attention of the Homeowner and it would have been clear to the Homeowner that such terms and conditions shall apply to the provision of the Home Services. Skilled Doer shall have the obligation of proving that this is the case, and in the event of a failure to provide adequate proof of the same, which assessment of the adequacy of proof shall be at JobJar's sole discretion, none of Skilled Doer's terms and conditions for the Home Services shall apply.
1. the types of Home Services that may or may not be sold through the Platform;
2. the type of information that must be included in the Solicitation; and
3. minimum standards for Home Services.
Providing and/or Obtaining Home Services
In describing the Home Services that a Homeowner wishes to obtain from a Skilled Doer, the Homeowner shall provide a complete, accurate and detailed description of the Home Services it is seeking. In describing the Home Services that a Skilled Doer provides, the Skilled Doer shall provide a complete, accurate and detailed description of the Skilled Doer’s Home Services.
Once a service contract has been entered into, the Homeowner shall permit the Skilled Doer to provide the Home Services in accordance with the contract, and the Skilled Doer shall provide the Home Services in accordance with the Service Contract. You each agree to uphold all obligations detailed in the Service Contract.
You are each responsible to ensure that all aspects of Home Services meets the requirements of this Agreement, the Solicitation and Service Contract.
The Skilled Doer is solely responsible for ensuring that all of the Home Services that Skilled Doer provides comply with all warranties that are applicable to the Home Services, including without limitation, all warranties set out in this Agreement as well as those that are published by Skilled Doer (whether or not they are published through the Platform and whether or not any of Skilled Doer's warranties come to the attention of the Homeowner) and those that are stipulated by legislation.
Skilled Doer shall comply with all applicable laws, regulations, rules, codes, orders, standards and licensing requirements imposed by all applicable federal, provincial and local governmental and administrative bodies having jurisdiction over Skilled Doer or the provision of the Home Services, including all licensing, certification and other legal requirements.
Unless the contrary is specifically set out in a Solicitation:
1. Skilled Doer shall be responsible to ensure the Home Services and completed work comply with all requirements including local codes;
2. Skilled Doer shall be responsible for obtaining all required permits and inspections and other approvals necessary to complete the Home Services;
3. Skilled Doer shall be responsible for removing all debris from their own worksite as soon as the Home Services are completed; and
4. Skilled Doer shall not subcontract the provision of any of the Home Services;
Skilled Doer shall be solely responsible for all property damage, personal injury and all other damages and losses arising in connection with or as a result of any of the Home Services.
The Platform provides a means by which the Homeowner can rate a Skilled Doer, and a Skilled Doer can rate a Homeowner. In the event that such rating system is used in connection with a particular Homeowner or Skilled Doer, You agree not to make, state or publish, in any manner whatsoever, any defamatory, slanderous or libelous statements or comments and You agree to fully indemnify, defend and hold JobJar, and its parents, subsidiaries, affiliates and other partners and each of their officers, directors, employees and agents (collectively, the “JobJar Indemnitees”) harmless from any cost, expense, loss, claims, actions or damages, direct, indirect, consequential and incidental) of every kind and nature, known and unknown, foreseeable and unforeseeable (collectively the “Claims”) arising out of or in any way connected with any such statements or comments and You further agree to fully indemnify and hold the JobJar Indemnitees harmless from any claims that any of them may suffer or incur in connection with any such Claims.
Homeowner shall maintain at all times in full force and effect, at its sole expense, adequate insurance for its purposes, including without limitation, such minimum insurance coverage as JobJar, in JobJar’s sole discretion, may from time to time require.
All such policies of insurance shall be issued by one or more reputable and financially sound insurance companies duly qualified and licensed to do business as an insurer in the jurisdictions where You reside.
Homeowner shall not rely on or conclude that any requirement set out by JobJar is adequate insurance coverage for Your purposes. Homeowner shall seek the advice of its own insurance broker and other advisors in assessing the same.
The maintenance of insurance in compliance with this Agreement shall not relieve Homeowner of any liability or obligation that may be in excess of the insurance coverage.
B. Skilled Doer
Skilled Doer shall maintain at all times in full force and effect, at its sole expense, adequate insurance for its purposes, including such minimum insurance coverage as JobJar, in JobJar's sole discretion, may from time to time require, including but not limited to:
1. worker's compensation insurance, as required by applicable law;
2. public liability and property damage coverage for all workers with a policy limit of not less than $1,000,000, or the amount legally required, whichever is higher.
3. owned and non-owned vehicle liability insurance with a policy limit of not less than $1,000,000 for any vehicle used in connection with the Home Services, or the amount legally required, whichever is higher.
All such policies of insurance set out above shall be issued by one or more reputable and financially sound insurance companies duly qualified and licensed to do business as an insurer in the jurisdictions where the Home Services are to be provided.
All policies of insurance shall expressly include JobJar as an additional named insured and such policies shall include a waiver of subrogation against both JobJar and Homeowners.
The policies of insurance shall provide that the insurer will inform JobJar in the event there is any change or termination in coverage at least thirty (30) days prior to such change or termination of coverage.
All policies of insurance set out above shall have only such deductible limits as are expressly designated by JobJar.
Skilled Doer shall comply strictly with the provisions and requirements of all policies of insurance and shall pay all insurance premiums to the insurers when due.
Skilled Doer shall upload a copy of its insurance certificate when it creates its profile and/or within three (3) Business Days of any change or renewal of, or upon receiving a written request from JobJar.
Skilled Doer shall promptly report to JobJar in writing all claims or potential claims against Skilled Doer.
Skilled Doer shall assess whether or not the insurance required by JobJar is adequate for Skilled Doer's own business needs and Skilled Doer shall not rely on or conclude that any requirement set out by JobJar is adequate insurance coverage. Skilled Doer shall seek the advice of its own insurance broker and other advisors in assessing the same.
The maintenance of insurance in compliance with this Agreement shall not relieve Skilled Doer of any liability or obligation that may be in excess of the insurance coverage. Skilled Doer shall also ensure that it abides by any and all specific licensing requirements particular to the Skilled Doer and/or the Home Services to be provided.
In the event of any incident, JobJar may, in its sole discretion, withhold any payments due until all those involved provide proof of insurance that is in compliance with this Agreement and provide any other documentation as may be required by JobJar.
The Platform provides means by which Homeowner can identify and contact Skilled Doers for the purposes of engaging a Skilled Doer to provide Home Services. Any Service Contract shall be strictly between Homeowner and the Skilled Doer. JobJar shall have no obligation or liability to either the Homeowner or the Skilled Doer in respect of the Home Services, the Service Contract or the relationship between Homeowner and the Skilled Doer however the same may arise.
Notwithstanding any other provision herein, JobJar shall have no obligation to provide any assistance with the resolution of any dispute between Homeowner and any Skilled Doer. In the event JobJar is named or becomes a party to any dispute between Homeowner and any Skilled Doer, however the same may arise, Homeowner and Skilled Doer agrees to fully indemnify, defend and hold JobJar Indemnitees harmless from any cost, expense, loss or damage that any of them may suffer or incur in connection with the same.
Because JobJar’s role is only to provide a means to allow Homeowner to locate and engage the services of Skilled Doers, in the event that Homeowner has a dispute with a Skilled Doer, Homeowner agrees that JobJar shall have no liability or obligation in respect of the same. Each of Homeowner and Skilled Doer hereby releases and agrees to release the JobJar Indemnitees from all Claims, of every kind and nature, known and unknown, foreseeable and unforeseeable, arising out of or in any way connected with such a dispute, including without limitation substandard services, and each of Homeowner and Skilled Doer further agrees to fully indemnify, defend and hold the JobJar Indemnitees harmless from any Claims that any of them may suffer or incur in connection with any such claims, demands or damages.
In the event of a dispute, JobJar may, in its sole discretion, withhold any payments due until the dispute has been fully resolved.
Payment for Home Services
JobJar may charge You various fees for Your use of the Platform as well as any other product or service that JobJar may provide. You shall pay to JobJar the fees charged by JobJar for same. The current fee schedule setting out the fees will be published at www.jobjar.ca. Each of the Homeowner and Skilled Doer agree to their respective portion of the fee payable directly to JobJar in accordance with the current rates set out above.
JobJar may, on notice, change the fees or the basis for determining fees with respect to Your participation in the Platform and any other product or service that it may provide. JobJar will provide You with notice of such change. Such changed fees will not apply to any Service Contract that has been entered into prior to the date of such change, but will apply to any Service Contract entered into on or after such date. The updated fee schedule will be published at www.jobjar.ca.
Depending on the options made available and selected by the Skilled Doer and/or You: (a) in the event Skilled Doer is to collect its fee directly from You, Skilled Doer will be solely responsible for collecting all its fees from Homeowner and JobJar will have no obligation in regard to the same. In this case, JobJar will invoice Skilled Doer or Homeowner for its fee; and (b) in the event JobJar is to collect the fees directly from the Homeowner, JobJar will be solely responsible for collecting the fees from Homeowner and Skilled Doer will have no obligation in regard to the same. In this case, JobJar will retain its fee before forwarding the remainder to the Skilled Doer.
In the event Homeowner accepts the Service Contract in respect of the Home Services but subsequently cancels the Home Services at least twenty four (24) hours before the scheduled Home Services, the Skilled Doer may not charge for the Home Services and will refund all amounts paid, and JobJar will not pay Skilled Doer for the same. Regardless of any Home Services cancelation by Homeowner, Homeowner and Skilled Doer will remain liable to JobJar for JobJar’s fee.
You agree that JobJar may withhold and offset any payments due, or likely to become due in JobJar’s reasonable belief, to You against any amounts that You may owe to JobJar.
JobJar may offer one or more protection plans and/or warranties for an additional cost. Homeowner is required to purchase the same at the same time as the Service Contract is accepted by Homeowner in order to have the benefits of such protection plans and/or warranties. Otherwise, JobJar does not offer any type of protection plan or warranty and shall have no obligation or liability in connection with any of the Home Services or services provided.
You will pay all taxes that are due and payable on any amounts that are payable on the fees paid by You, such as GST.
You shall pay and are otherwise responsible for all federal, provincial and local fees, levies, surcharges and taxes that are payable or assessed in connection with any of Your activities, whether in participating in the Platform, the receipt or provision of the Home Services or otherwise. Notwithstanding the foregoing, You shall have no obligation for any taxes that relate to JobJar’s income.
Record Keeping and Reporting
Skilled Doer shall keep accurate records in relation to performing the Home Services, including as JobJar may specify from time to time. All such records shall be kept for at least seven (7) years following the provision of the Home Services to which the records relate.
Skilled Doer shall create and deliver to JobJar such reports in connection with the Home Services as JobJar may require from time to time.
Upon giving two (2) weeks’ prior written notice to Skilled Doer, JobJar may have the records of Skilled Doer within seven (7) years preceding the date of such notice, inspected at any time during normal business hours by JobJar and its representatives.
1. is obscene or contains pornography of any kind;
2. infringes, violates or misappropriates or potentially infringes, violates or misappropriates any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
3. is unlawful, threatening, abusive, harassing, tortuous, vulgar, hateful or is racially or ethnically offensive;
4. is defamatory or libelous of any person or organization; or
5. is harmful or potentially harmful including, without limitation, that which places any person’s health or safety at risk, places the integrity or security of any computer system at risk or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program.
1. use the Platform to commit any dishonest act, act of fraud or any act which infringes, violates or misappropriates any right of a third party;
2. collect, use or disclose any personal information of any other User of the Platform, except to the extent specifically permitted by the functionality of the Platform;
3. conduct Yourself in any manner which does or which is intended to deceive anyone in relation to anything;
4. make available or send any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation, except in those areas of the Platform that have been designated for communications and then only reasonable communication within the limits as may be set out in those area;
5. undertake any activity which creates liability, loss or damage or potentially creates liability, loss or damage to JobJar or any other User;
6. import, export, sell or offer to sell, directly or indirectly, any regulated item, service or information to anyone outside the Canada in breach of any export control law that may be imposed by the U.S. or Canadian governments or the government in any country in which You operates; or
7. fail to comply with all Canadian and other governmental laws, rules, regulations and orders that apply to Your activities, including but not limited to, tax, export and import, embargo and trade sanctions, intellectual property, consumer protection, unfair competition, discrimination, false advertising, sales and commerce laws and regulations. You are responsible for determining which laws and regulations apply to You and Your participation in the Platform and the provision of the Home Services comply with those laws and regulations.
You agree not to use any spider, robot or other automatic means to search or monitor the content of the Platform. You agree that You shall not use any automatic means, including software, to interfere with or attempt to interfere with the operation of the Platform or its use by any other User. You agree not to cause any unreasonable burden or load on the Platform.
You agree to not do anything that discredits or reflects adversely upon the reputation of JobJar or negatively affects the goodwill associated with JobJar’s trademarks, brand or goodwill or the Platform.
You agree to not use any information of any other User of the Platform for any purposes other than as specifically permitted through the Platform.
All data, documents, files and other information that You provide in connection with the Platform (collectively, “Your Information”) will be true, accurate, complete and current. You will be solely responsible for Your Information.
You hereby grant to JobJar a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, reproduce, process, display, disclose, distribute and transmit all Your Information in connection with the Platform and all other ancillary activities reasonably necessary for JobJar’s operation of the Platform and its business.
Skilled Doer's Employees and Agents
Skilled Doer shall be responsible for all acts and omissions of its employees, apprentices, contractors, consultants, advisors, agents, subcontractors and third party service providers in connection with the Platform and the Home Services, and Skilled Doer shall ensure that all such employees, apprentices, contractor, consultants, advisors, agents, subcontractors and third party service providers comply with this Agreement.
UserID and Passwords
On registration, You will receive a userID and password to enable You to access and use the Platform. You agree to keep Your userID and password confidential and secure.
You shall immediately notify JobJar of any unauthorized use of or access to Your userID and password as soon as You become aware of the same. JobJar shall not be liable, in any way, for any loss or damage of any kind or nature suffered by You or any third party due to access to the Platform as a result of someone obtaining Your userID and password directly or indirectly from You. You are responsible for all activities that occur on the Platform through the use of Your userID and password when Your userID and password is obtained directly or indirectly, whether or not such use or access was authorized.
JobJar will keep information on JobJar’s servers relating to each transaction for at least 7 years after the Home Services are complete. JobJar may delete such information at anytime thereafter.
JobJar shall have no liability in connection with any information that is deleted.
JobJar has certain protectable proprietary rights in and to the Platform as well as the software running the same and any apps, including copyright and trademark rights. You may not reproduce, duplicate, modify, copy, publish, republish, transmit, sell, resell, create derivative works, redisplay, frame or in any way exploit any content contained in the Platform or any apps in any manner whatsoever.
Except for the limited license rights set out herein, no other rights in or to any JobJar technology or intellectual property is transferred or granted to You and all right, title and interest in and to JobJar’s technology and intellectual property shall remain the sole property of JobJar.
You will remain the owner of the Your Information and all intellectual property therein.
You agree that You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive any source code or other trade secret of JobJar.
The registration process and use of the Platform requires You to provide certain information to JobJar, which may include personal information. Before You provide any personal information to JobJar, You shall first obtain the consent from the individual to provide that information to JobJar for JobJar’s use in connection with JobJar’s relationship with You and Your access and use of the Platform.
JobJar acknowledges that it will be collecting certain confidential business information relating to You including Home Services that You receive or provide, Account information and the Home Services purchased and/or provided. You agree and acknowledge that certain aspects of JobJar’s business will be JobJar’s confidential business information.
Each party agrees to treat the confidential business information of the other party as confidential information. In that respect, each party shall be bound by an obligation of confidence to the other in respect of that other party’s confidential information. Therefore, a party (a) shall not disclose, either directly or indirectly, any such confidential information to any person except as specifically contemplated in this Agreement or as required by law; and (b) shall not deal with, use, develop or exploit, either directly or indirectly, any such confidential information for any purpose except as specifically contemplated in this Agreement or as required by law.
Each party shall take all reasonable precautions and actions to prevent the disclosure to or use by any third party of any confidential information of the other party.
Notwithstanding the foregoing, You grant to JobJar a license to use any information relating to You and the Home Services You are involved in to assist JobJar in developing and enhancing its products and services and the Platform. This may include market analysis and strategic planning. As well, JobJar shall be entitled to collect, use and disclose this information as needed to manage the relationship between the parties. Further, JobJar may use and disclose this information to respond to a claim that You have infringed, violated or misappropriated the rights of a third party, breached this Agreement or a Service Contract and to otherwise comply with any legal requirements.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES OF JOBJAR AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND JOBJAR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING ANY WARRANTIES OR CONDITIONS THAT ARE IMPLIED BY STATUTE. IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT JOBJAR SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION THAT ANY OF JOBJAR’S SERVICES OR THE PLATFORM WILL OPERATE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.
NO ACTIVITY OR STATEMENT OF ANY EMPLOYEE OR AGENT OF JOBJAR NOR ANY INFORMATION OR DOCUMENT OBTAINED FROM OR THROUGH JOBJAR OPERATE TO AMEND OR AUGMENT THE EXTENT OF THE WARRANTIES AND CONDITIONS SET OUT HEREIN AND ALL SUCH ACTIVITIES, STATEMENTS, INFORMATION AND DOCUMENTS SHALL HAVE NO FORCE OR EFFECT.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL JOBJAR OR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY, UNDER ANY LEGAL THEORY WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL OR DATA EVEN IF JOBJAR HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS AND WHETHER RESULTING FROM THE USE OR INABILITY TO USE ANY JOBJAR SERVICE OR THE PLATFORM OR ANY ERROR, DEFECT, OMISSION OR DELAY IN THE SERVICES OR THE OPERATION OF THE PLATFORM OR IN CONNECTION WITH ANY HOME SERVICES RECEIVED, OR OTHERWISE.
IN ALL CIRCUMSTANCES, JOBJAR’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO THE LESSER OF (I) $100.00 (CDN) AND (II) ANY FEES THAT HOMEOWNER HAS ACTUALLY PAID TO (OR RETAINED BY) JOBJAR FOR USE OF THE PLATFORM (EXCLUDING ANY FEES PAID FOR HOME SERVICES). YOU HEREBY RELEASE JOBJAR IN RESPECT OF ANY LIABILITY IN EXCESS OF THE STATED AMOUNT. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU AGREE AND ACKNOWLEDGE THAT THE DISCLAIMERS OF WARRANTIES AND CONDITIONS AND THE LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT CONSTITUTE ESSENTIAL TERMS OF THIS AGREEMENT AND THAT THE PAYMENTS BETWEEN THE PARTIES IN CONNECTION WITH THIS AGREEMENT REFLECT JOBJAR’S RELIANCE ON SUCH TERMS.
The security mechanisms incorporated into the Platform and any apps and related software have security limitations. In particular, You agree and acknowledge that applications, systems and data which are made available over the Internet are inherently insecure against motivated individuals and JobJar shall have no obligation or liability for any breach of same.
You will implement and use anti-virus software from an industry leading provider of anti-virus software. You will implement and use appropriate computer firewalls as is prudent. You will also implement any other or additional security tools and processes as may be required by JobJar from time to time.
The Platform has facilities which allows for the download, exporting, printing and/or backing up of Your Information and information relating to any Home Services purchased or to be purchased by You. This data and information should be downloaded, exported, printed and/or backed up and securely stored as deemed necessary by You, and at a minimum, as is prudent, in order to allow for recovery in the event of a malfunction in the Platform or any app or other disaster. JobJar shall have no liability or obligation in case You fail to do the same.
The provisions of this Agreement shall remain in effect starting from when JobJar provides notice to You that Your profile has been accepted in connection with the Platform until terminated as provided herein.
If You wish to terminate Your participation in the Platform, You must login to Your account and follow the instructions to close Your account. Termination by You will not be effective by any other means including notice by mail, email or phone.
JobJar may terminate this Agreement with You at any time upon notice to You. Except as specifically set forth in this Agreement, neither party will be liable to the other solely by reason of any termination of Your access to the Platform or this Agreement.
Notwithstanding any termination of this Agreement, You shall fulfill all of Your obligations under any Service Contract that You entered into prior to such date of termination, and the terms and conditions of this Agreement shall apply to such Service Contracts despite such termination.
In addition to any other right to terminate as set forth herein, either party may terminate this Agreement if: (i) the other party breaches any material term of this Agreement and fails to cure such breach within ten (10) days after receipt of notice of the same; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership or liquidation for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership or liquidation for the benefit of creditors, if such petition or proceeding is not dismissed within thirty (30) days of its filing.
The provisions set out in the sections entitled Representation and Warranty of Individual Completing the Registration, Contracting to Obtain or Provide Home Services, Obtaining or Providing Home Services, Liquidated Damages, Rating System, Disputes, Payment for Home Services, Taxes, Transaction Information, Intellectual Property, Privacy, Confidential Information, Indemnification, Disclaimer of Warranties, Limitation of Liability, Security, Contingency Planning, Termination, Third Party Beneficiary and Applicable Law and Forum, and any other provisions that, implicitly or explicitly survive the termination or expiration of this Agreement shall survive any termination or expiration of this Agreement.
Immediately on termination of this Agreement, You shall: (a) cease and desist all access and use of the Platform; and (b) return to JobJar all copies of any of JobJar’s documentation and any confidential information of JobJar in Your possession or under its control.
Communication and Notice
It is a requirement for the ongoing participation in the Platform that JobJar be able to communicate with You from time to time. JobJar may affect any notices contemplated under this Agreement by sending an email to the email address set out in Your account information. In the event JobJar sends an email communication to that email address, You will be deemed to have received that email communication even if JobJar receives notification that the email was not received by You. You are solely responsible for ensuring that the email address provided in Your account information is active and that You are capable of retrieving all emails sent to that email address.
JobJar may also provide notices to You during Your login to Your Platform account.
You may send a notice or other communication to JobJar by emailing JobJar at firstname.lastname@example.org. For certain communications, JobJar reserves the right to require that the communication be sent by register mail to the following address:
1505 - 15th Avenue SW
You agree that You must obtain the prior written consent of JobJar to any and all press releases and all other public communication relating to Your relationship with JobJar and Your participation in the Platform. JobJar reserves the right to withhold the approval of any such press release or public communication in its sole discretion.
Skilled Doer hereby agrees to, and agrees to cause all of its contractors and their subcontractors to, not place, or attempt to place, any builder's lien, other lien, mortgage, hypothec, security interest or other encumbrance on any property associated with any Homeowner or any Home Services.
Third Party Beneficiary
You agree that each Skilled Doer and/or Homeowner, as the case may be, who has entered into a Service Contract with Homeowner or Skilled Doer, as applicable, is a third party beneficiary under this Agreement and all such Skilled Doer and/or Homeowner shall have the right to exercise and enforce all of the rights, remedies and terms of this Agreement directly against You, including, without limitation, the various requirements, restrictions, obligations and representations and warranties of Homeowner and/or Skilled Doer that have been given in favour of JobJar may be relied on by each Skilled Doer or Homeowner on the same basis as if Homeowner and/or Skilled Doer gave the same directly to the Skilled Doer or Homeowner as part of entering into a Services Contract.
Skilled Doer's Terms and Conditions
In the event of a conflict between the Skilled Doer's terms and conditions that become part of a Service Contract and the terms and conditions set out in this Agreement, the terms and conditions of this Agreement shall prevail and the Skilled Doer's terms and conditions shall have no force and effect to the extent of the conflict.
Applicable Law and Forum
The laws of the Province of Alberta, without application of any of its conflict of laws provisions, shall govern this Agreement and anything directly or indirectly related to Homeowner’s access and use of the Platform.
You agree to submit to the exclusive jurisdiction of the courts located in the City of Calgary, Alberta and all courts of appeal therefrom for any matter arising out of this Agreement, Your access and use of the Platform and the relationship between You and JobJar. Notwithstanding the foregoing, JobJar may apply to any court of competent jurisdiction for equitable remedies including injunctive relief.
Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, an act of war, terrorists or God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of the delay, and (b) uses its commercially reasonable efforts to correct such failure.
This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. JobJar may assign its rights and obligations under this Agreement to a third party. You may not assign Your rights and obligations under this Agreement to a third party.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between You and JobJar and neither party shall conduct itself, make any statements or imply anything to the contrary. Except as otherwise expressly provided herein, neither You nor JobJar shall have any right or power to bind the other or incur obligations on behalf of the other without the other’s prior written consent.
Entire Agreement. This Agreement constitutes the entire agreement between You and JobJar governing the relationship between the parties as it relates to Your access and use of the Platform and the Home Services and supersedes all prior agreements, understandings, representations, warranties, negotiations and discussions both written and oral, among the parties, with respect to the subject matter hereof.
Headings. The headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
Further Assurances. Each of the parties hereto will perform and cause to be performed any further and other acts and things and execute and deliver or cause to be executed and delivered any further and other documents necessary or desirable to carry out the terms and intent of this Agreement.
Waiver. JobJar’s failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future. No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision (whether or not similar), nor will such waiver be binding unless executed in writing by the party hereto to be bound by the waiver. No failure on the part of a party hereto to exercise, and no delay in exercising any right under this Agreement will operate as a waiver of such right; nor will any single or partial exercise of any such right preclude any other or further exercise of such right or the exercise of any other right.
Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect.
Expenses. Each party shall bear its own expenses in connection with its performance under this Agreement.
Controlling Language. The English language will be used in the interpretation and performance of this Agreement. All correspondence and documentation arising out of or connected with this Agreement will be in the English language. The parties confirm that it is their wish that this Agreement, as well as all other documents relating thereto, including all notices, be drawn up in the English language only. Les parties aux présentes confirment leur volont‚ que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.
A Writing. A printout of this Agreement will constitute a “writing” under any applicable law.
Location. You agree and acknowledge that JobJar’s services and the Platform are provided from the Province of Alberta.
PERSONAL INFORMATION AND
"personal information" means information about an identifiable individual. Personal information does not include information that cannot be attributed to you an identifiable individual, such as information of an aggregate or anonymous nature.
Personal Information Made Anonymous
To the extent that we make any of your personal information anonymous or we aggregate it with the personal information of others, then that information will no longer be considered to be personal information. Therefore, JobJar will be entitled to use and disclose personal information in any manner that it desires provided the personal information has been rendered anonymous or aggregated where that information cannot be attributed to you.
Choosing to Provide Personal Information
In using the Platform and in dealing with us you may choose not to provide certain of your personal information. If you choose not to provide all information reasonably requested of you, it may limit the manner in which you can make use of the Platform and otherwise interact with JobJar or you may not be able to use the Platform at all.
Depending on the circumstances, your consent may be express or implied. Express consent would arise if you specifically consented to a particular dealing in your personal information. Express consent can be given orally, electronically or in writing. Implied consent can be inferred from the circumstances. For example, if we indicate that we may send certain correspondence to your home address and then you provide us with your home address in response, we would not normally obtain your explicit consent to use your home address to send you that correspondence: your consent would be implied in those circumstances.
You are deemed to consent to the collection, use or disclosure of your personal information for a particular purpose if you voluntarily provide the information for that purpose and it is reasonable that a person would voluntarily provide that information
Opting In and Opting Out
JobJar may, from time to time, provide you with a reasonable opportunity to opt out of certain collection, uses and disclosures of your personal information. At the same time, an implied consent to collect, use or disclose your personal information would arise if you fail to indicate within a reasonable time that you wish to opt out of the particular collection, use or disclosure when you are given an opportunity to do so.
As well, JobJar may, from time to time, provide you with an opportunity to opt into certain collection, uses and disclosures of your personal information. In that case, if you do not opt-in, JobJar will assume that you do not consent to your personal information being collected, used or disclosed in that particular manner.
JobJar will use an opt-out method when the particular use or disclosure is not unusual, the information is not particularly sensitive or when JobJar believes that most people would likely consent to the particular use or disclosure. JobJar will use the opt-in method in other circumstances.
You may change or withdraw your consent at any time on reasonable notice, subject to pre-existing legal and contractual obligations, by contacting our Privacy Officer as set out below. If you withdraw certain consents necessary for you to make use of the Platform or to otherwise interact with JobJar, it may limit the manner in which you can make use of the Platform and to otherwise interact with JobJar. For clarity, your ability to change or withdraw consent is not absolute. JobJar reserves the right to continue handling your personal information in those circumstances required or permitted by law, including but not limited to those circumstances required or permitted by PIPA, despite a change or withdrawal of consent. All service notifications via text or email are to be deemed transactional and do not require an opt out.
In some instances, we may collect your personal information directly from a third party. In that case, we will obtain your consent to do so unless permitted by law, including but not limited to those circumstances required or permitted by PIPA, not to obtain your consent or we will require that the third party confirm to us that they are entitled by law, including but not limited to those circumstances required or permitted by PIPA, to disclose your personal information to us.
· using identification information and contact information, such as your name and e-mail address to provide information about JobJar when you request that information;
· using identification information and contact information, such as your name and e-mail address so that we can identify you and deliver the products and services, including the Platform, that you request and to communicate with you regarding those products and services;
· using payment method preferences and related financial information that you provide to us so that we can obtain payment for the products and services that you request;
· using information relating to your preferences so that we are able to deliver our products and services, including the Platform, to you in accordance with those preferences;
· using customer relationship information such as your service requests, instructions, comments and feed back to assist us in delivering products and services in accordance with your wishes;
· using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose. For example, if you send us an e-mail with a question or comment, JobJar will use your e-mail address to respond to you. Further, JobJar may store your e-mail and e-mail address and a copy of our response for future reference;
· using your e-mail address to provide you with information about new features or enhancements to the Platform;
· analyzing your personal information to assist us in developing and enhancing our products and services and the Platform;
· analyzing your personal information to assist us in conducting market analysis and strategic planning.
If you are a service provider, certain of your personal information will be posted on the Platform for others to view so they can contact you regarding your services;
If you are a homeowner, certain of your personal information will be provided to service providers that you contact so they can give you a quote on their services and so that they can provide the services in the event you accept their quote;
Your personal information that you supply to the Platform will be disclosed in accordance with the description of disclosures as set out in the related documentation for the Platform or as may be reasonably foreseeable through the general operation of the Platform;
Use of the Platform
In order to use some of the features of JobJar's Platform, JobJar may require that you provide some personal information. JobJar may issue to you a unique "user id" which you will be required to provide each time you use certain features and services.
If you have a user id, then JobJar may collect information about your use of the features and services (whether or not you provide your user id each time) and JobJar may associate this information with your other personal information.
Our web servers collect the domain names, IP addresses and the activity of visitors. This information is aggregated for the purposes of measuring the number of visits, average time spent on the Platform, pages viewed, and other similar purposes. JobJar uses this information to measure the use of the Platform and to improve the content of the Platform.
A technology called cookies may be used on certain pages of the Platform. A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive. Cookies allow us to track visitors to the Platform so we will know when they return. Cookies also allow us to provide the visitor with tailored information and services based on their previous visits. Cookies do not enable us to identify the visitor unless that visitor has previously provided personal information during a visit. If your browser permits, you may set your browser to notify you when you receive a cookie or to reject cookies altogether. (See the documentation provided with your Internet browser for more information on cookies and how to disable them.)
Other Collection, Use and Disclosure
As well, the law permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in a number of circumstances. We reserve the right to collect, use and disclose your personal information in these circumstances without your knowledge or consent as the law may permit or require.
Accuracy and Completeness
When we collect, use or disclose personal information, we will make a reasonable effort to ensure that it is accurate, up to date and complete to the extent that is reasonable for JobJar’s purposes in collecting, using or disclosing the information. To do so, we may need to request additional information from you or have you verify your information. If your personal information does change, we would appreciate it if you could inform us of those changes in order that your personal information in our possession remains accurate.
Retention and Destruction
We may retain your personal information for as long as we require your personal information for legal or business purposes. Within a reasonable time period after JobJar no longer reasonably requires your personal information for legal or business purposes, JobJar will either destroy the records under its custody or control containing your personal information or it will render your personal information anonymous so that it can no longer be used to identify you. You should be aware that there are legally required minimum retention periods, which JobJar must and does observe.
Security of Personal Information
JobJar recognizes its obligation to protect personal information that is in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. JobJar will make reasonable arrangements to secure your personal information against such risks. These arrangements will be reasonable in the circumstance and may include providing access to only those individuals with a need to know the information, locked doors and/or filing cabinets and other physical and electronic security measures as well as contractual measures, such as non-disclosure or confidentiality agreements.
Requests for Access to Personal Information
On your written request, and taking into consideration what is reasonable, we will provide you, not later than 45 days from JobJar’s receipt of your request, with:
access to your personal information (if any) under our custody or control;
information about the purposes for which your personal information under our custody or control has been and is being used by us; and
the names of persons to whom, and the circumstances in which, your personal information has been and is being disclosed by us.
All requests may be subject to reasonable fees and disbursements. Where appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.
Requests Must be in Writing
We require that all requests for access be in writing, be signed by the requestor. and include sufficient detail to enable JobJar, with a reasonable effort, to identify any record in the custody or under the control of JobJar containing the personal information in respect of which the request is made
Limits on Individual Rights to Information
An individual's ability to access his or her personal information under our control is not absolute. JobJar reserves all rights not to disclose personal information in certain circumstances, including but not limited to where:
the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual;
the disclosure would reveal personal information about another individual;
the information is protected by any legal privilege;
the disclosure of the information would reveal confidential commercial information; or
the personal information was collected by us for an investigation or legal proceeding.
Requests for Correction of Personal Information
On request by you, we will make every reasonably effort to correct errors or omissions in your personal information where that information is in our custody or control. We require that all such requests be in writing, be signed by the requestor, and include sufficient detail to enable JobJar, with a reasonable effort, to identify any record in the custody or under the control of JobJar containing the personal information in respect of which the request is made.
If you make such a request, we will either:
correct the personal information as soon as reasonably possible and not later than 45 days from JobJar’s receipt of your request and, if reasonable to do so, send correction notifications to any third party to whom we disclosed the incorrect information; or
decide not to correct the personal information but we will annotate the personal information under our control to indicate that a correction was requested but not made.
Notwithstanding any requests for corrections of personal information, JobJar will not correct or otherwise alter an opinion, including a professional or expert opinion.
Contacting or Communicating With Us
· have any questions with respect to our privacy policies or practises;
· have any questions with respect to our handling of your personal information;
· if you wish to request access to or correction of your personal information under our care or control; or
· if you are dissatisfied with our handling of your personal information,
please contact our Privacy Officer at:
Attention: Privacy Officer
Address: JobJar Solutions Inc.
1505 - 15th Avenue SW