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Terms and Conditions

 

 

 

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SITE AND MOBILE APPS YOU ACKNOWLEDGE AND ACCEPT THIS USER AGREEMENT AND ANY OTHER POLICIES INCORPORATED BY REFERENCE, WHETHER OR NOT YOU ARE A REGISTERED MEMBER OF BEST4HOME.CA TRADEMARK AND PROPERTY OF BEST4HOME CANADA CORPORATION.

 

Terms and Conditions of Use / User Agreement

 

These Terms and Conditions of Use (“Terms”), together with the privacy policy available at www.best4home.ca ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".

 

This Agreement constitutes a legal agreement between you ("you" or "User") and Best4Home Canada Corporation, and its affiliates, parents, and subsidiaries (collectively, "Best4Home" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.best4home.ca, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Best4Home Platform".

 

 

OVERVIEW

 

This website and/or Apps are operated by Best4Home Canada Corporation. Throughout the site and Apps, the terms “we”, “us” and “our” refer to Best4Home Canada Corporation. Best4Home offers this website and Apps, including all information, tools and services available from this site and Apps to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site or Apps and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and/or Apps, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website and/or Apps. By accessing or using any part of the site and/or Apps, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website and/or Apps or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current Best4Home Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website and/or Apps. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or Apps following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – BEST4HOME PLATFORM TERMS

 

By agreeing to these Terms of Service, you represent and warrant that: (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and/or Apps, and are otherwise capable of entering into binding contracts; and (ii) 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.

 

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:

  • Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.

 

  • Your agreement that no claims can be adjudicated on a class basis.

 

  • Your acknowledgment of, and agreement to pay Best4Home's determined Subscription Fee, Cancellation Fee and membership Fee that will be applied to each of a Professional Service you have been chosen and paid through the Best4Home Platform.

 

  • Your acknowledgment of, and agreement to Best4Home's cancellation policies and cancellation fees.

 

  • If you enroll in a Best4Home membership under these Terms, your agreement that your subscription plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms.

 

  • Your agreement to release Best4Home from liability based on claims relating to Services and otherwise and your agreement to the limitation of time within which a claim can be brought.

 

  • Your agreement to indemnify Best4Home from claims due to your use, misuse or inability to use the Best4Home Platform, the Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Best4Home Platform.

 

  • Your consent to any modifications or amendments to this Agreement.

 

  • Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

 

SECTION 2 - GENERAL CONDITIONS

 

During the term of this Agreement, Users may use the Best4Home Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Service Seekers (customers) may use the Best4Home Platform to request Professional Services solely with respect to a location where the Service Seekers is legally authorized to have Professional Services performed. Service Seekers may not use the Best4Home Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Service Seekers agree to treat Service Providers ( Profi’s, Specialists and/or Professionals) courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Professional Services. Service Seekers agree to comply with our complaint and other policies designated on the Site and/or Apps. Service Seekers acknowledge that their selected Service or Service Provider may be unavailable from time to time.

You shall NOT use the Best4Home Platform (including but not limited to any Submission Areas) to do any of the following:

 

a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.

 

b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.

 

c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.

 

d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.

 

e. Use the Best4Home Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, provincial, national, or international law.

 

f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.

 

g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Best4Home Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Best4Home Platform without express written permission from us.

 

h. Use the Best4Home Platform to collect or harvest usernames and/or email addresses of members by electronic or other means without our express prior written consent.

 

i. Conduct, send or forward e-mail or other electronic communications, including promotions, advertising of products or services, surveys, contests, pyramid schemes, or chain letters.

 

j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.

 

k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

 

l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Best4Home Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

 

m. Restrict or inhibit any other User from using and enjoying the Best4Home Platform.

 

n. Imply or state that any statements you make are endorsed by us, without our prior written consent.

 

o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Best4Home Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Best4Home Platform in any manner, or attempt to do any of the foregoing.

 

p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.

 

q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

 

r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of majority, in an abusive, violent or sexual manner.

 

s. Register to use the Best4Home Platform under different usernames or identities, after your account has been suspended or terminated.

 

t. Mirror or archive any part of the Best4Home Platform or any content or material contained on the Best4Home Platform without Best4Home's written permission.

 

u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.

 

v. Alter transmission data without Best4Home’s consent.

 

No Employment. Best4Home provides a software platform which allows you to obtain certain home services that Best4Home fulfills using independent Service Providers. Best4Home is not the employer of any Service Provider and Service Providers are not Best4Home’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Service Provider's work or Professional Services performed in any manner.

 

a. Use of Lockbox. Best4Home has no information about the lockbox codes. Best4Home strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties.

User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.

 

b. No Control. Once User acquires possession of the lockbox, Best4Home has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.

 

c. Key Access. For your security, once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Service Provider. You agree that you will not provide lockbox codes and/or access to any third-parties.

 

d. Permitted and Prohibited Uses. User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Best4Home's policies and procedures. Best4Home reserves the right to investigate and take action against any User who, in Best4Home's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Best4Home Platform.

 

No Guarantee. Best4Home make no guarantee regarding the availability of Requests, Tasks or Quotes, the payment by Service Seekers, or the ability to make any income from the Professional Service, Tasks, Quotes, or provision of selected Professional Services. We make no guarantee that the Service Seekers will require the amount of work and type of selected Professional Service they have specified in their Request/Quote that the Service Seekers will be at the Premises or will not cancel the Task/Quote any time. Best4Home further make no guarantee as to the safety of a Service Provider entering a Premises and advise that all Service Providers should act with due care and regard for their safety when Accepting a Task, travelling to the Premises, arriving at the premises, or completing the Task. We do not guarantee that the Service Seeker holds any authorization, permits, or insurance required to allow the Service Provider into the Premises or to complete the Task. THE COMPANY DOES NOT WARRANTY ANY SERVICE SEEKER'S ABILITY OR WILLINGNESS TO PAY OR ACCEPT THE SERVICE PROVIDER'S SERVICES.

 

Best4Home make no guarantee regarding the provision of selected Professional Services, the acceptance of any Requests/Quotes for the provision of selected Professional Services, the availability, workmanship, timeliness, integrity, ability or skill of Service Providers or the selected Professional Services they purport to be able or willing to provide. We do not guarantee that the Service Providers hold any qualification, certification, licence, schooling, training, or insurance required to provide the selected Professional Services. THE COMPANY DOES NOT WARRANTY ANY SERVICE PROVIDER'S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR WORKER'S COMPENSATION PROTECTION REGALATED TO A SELECTED PROFESSIONAL SERVICE.

 

As is; As available. THE PROFESSIONAL SERVICE AND THE PROFESSIONAL SERVICE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE BEST4HOME DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE BEST4HOME CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PROFESSIONAL SERVICE OR MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY SELECTED PROFESSIONAL SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PROFESSIONAL SERVICE. THE BEST4HOME DO NOT REPRESENT OR WARRANT THAT THE PROFESSIONAL SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE BEST4HOME DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.

 

Notifications. You agree to keep all website and/or Apps notifications, email subscriptions and text message subscriptions on as required to meet the standard of customer service and professionalism provided herein. You may opt-out of receiving emails but will receive in website and/or Apps notifications as the method of meeting your obligations under this Agreement.

 

Emails. Best4Home may send you confirmation and other transactional emails regarding the Professional Services. Best4Home and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

 

 

Special Promotions; Gift Cards and Vouchers.

 

a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Service

Seekers and Service Providers. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.

 

b. Promotional Coupons

i. Promotional coupons are only eligible for the specific services designated by Best4Home. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Best4Home reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.

 

ii. Best4Home promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Best4Home Platform. Promotional coupon may not be purchased for cash and Best4Home does not sell promotional coupons. Promotional coupons are non-refundable.

 

iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.

 

iv. Your Best4Home account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Best4Home account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.

 

c. Referral Discounts. In the event that you are given a code through which you may refer a friend to the Best4Home Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of discounts awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Best4Home referral discounts are redeemable only for Professional Services. Best4Home referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://best4home.ca/contact-us-2/.

 

d. Vouchers.

 

i. Best4Home vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.

 

ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.

 

iii. You agree that you will comply with all Voucher terms and conditions.

 

iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards

 

e. Gift Cards

 

i. Best4Home Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.

 

ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.

 

iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.

 

iv. You agree that you will comply with all Gift Card terms and conditions.

 

v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.

 

vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.

 

vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.

 

viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.

 

ix. A Gift Card is void if copied, altered, transferred, purchased or sold.

 

x. Purchases of Gift Cards are final and not refundable. All sales are final.

 

xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.

 

xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at www.Best4Home.ca

 

xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state or province's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state or province's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state or province's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site and/or Apps is at your own risk.

 

This site and/or Apps may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site and/or Apps at any time, but we have no obligation to update any information on our site and/or Apps.

You agree that it is your responsibility to monitor changes to our site and/or Apps.

 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

SECTION 5 - PRODUCTS OR SERVICES

 

Certain products or services may be available exclusively online through the website and/or Apps. These products or services may have limited time frames and not refundable and cannot be returned, only can be replaced or upgraded with the same or higher rated service.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities or time frames of any products or services that we offer. All descriptions of products and services or product and service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site and/or Apps is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

The App / Mobile Devices

 

a. The Best4Home Platform may allow you to access our services, download our Apps, upload content to the Best4Home Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

 

b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

 

c. Best4Home is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Best4Home reserves the right to terminate the use of the Apps or any other aspect of the Best4Home Platform should you be using the Apps or the Best4Home Platform with an incompatible or unauthorized device.

 

Modifications to the Best4Home Platform. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Best4Home Platform or any content or information on the Best4Home Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Best4Home Platform.

 

 

SECTION 6 – SERVICE PROVIDER’S RULES

 

1. Becoming a Service Provider. As a Service Provider, you will have access to a variety of jobs and potential clients in your surrounding area that you may not otherwise have access to. As the continued success of our Service and our ability to connect you with potential jobs and clients requires trust and a professional level of service, we require you to uphold and comply with the following terms.

 

a. Customer Service and Professionalism. By becoming a Service Provider, you agree to: uphold highest level of customer service and professionalism when communicating with Service Seekers be responsive, prompt, courteous, friendly and helpful in providing any assigned Professional Service; be prepared and equipped with the required materials and tools to complete the requested Professional Service; and be reliable and consistent in your work as required to meet the standard of customer service and professionalism provided herein. You further agree to be clear in setting expectations with the Service Seekers regarding timing, any out of pocket or materials expenses, and any other details that are relevant to completing the Task. By registering as a Service Provider, you give us consent to conduct background checks and criminal record checks on you from time to time, without notice. You understand and agree that any unprofessional behavior or acts will not be tolerated and may lead to your removal from the Best4Home Platform or suspension of your registered account at Best4Home Platform.

 

b. Qualified. You agree that you are qualified ("Qualified") to complete the selected Professional Services and Service categories that you select to be listed for, meaning that you hold all requisite training, licensing, certification, education, experience, and similar qualifications to complete each assigned Professional Service with a professional level of care.

 

c. Insurance. You agree to provide us with copies of certificates of all required or industry standard insurance (if you have any), in your registration process as well as from time to time at our request. You further agree to notify us immediately of any change in your Insurance.

 

d. Quality of Work Standards. You agree to only accept Requests that you are Qualified to complete in the time required. You agree to perform all assigned Professional Services yourself and/or transfer any request to a third party, company, or competitor, provided that if you require additional help to complete an assigned Professional Service, that person must be a qualified Professional to provide certain Professional Service.

 

2. Accepting selected Professional Services. The Service enables you to accept Requests for selected Professional Services from Service Seekers. There are two timelines available to Service Seekers: (i) "On- Demand", and (ii) "Scheduled". If you are able to make it to the Premises and complete the assigned Professional Service within the prescribed On Demand threshold time for the relevant selected Service category (and you meet all other requirements provided herein), you may accept an On Demand Request. If you are and will remain available during the time requested for a Scheduled Request (and you meet all other requirements provided herein), you may accept the Scheduled Request.

 

a. Agreement with Service Seekers. You understand and agree that when you are seeking for any service you need, you are agreeing to provide valid, true information and possible details of needed service to the selected Professional. By Accepting the agreement with Service Provider, you understand that you are entering into a binding contract with the Service Provider and pay to the Service Provider for the service provided. You understand and acknowledge that any failure to fulfill the terms of the binding contract, except as set out herein, may result in you or the Company you represent incurring liability or damages.

 

b. Procedures for Service Providers. You understand that once you Accept a Task, we will notify the Service Seeker with information about you including your name, photo, company name, customer service rating, and contact information, such as phone number, e-mail, whatsapp or any other form of contact that you provided us for this purpose. You will then be able to contact the Service Seeker through phone or text message for the sole purpose of communication related to the Task. Once the Service Seeker receives the notification that you have Accepted the Task, you can contact the Service Seeker by the provided method of contact and discuss the details of the Task, or the Service Seeker may cancel the Task without incurring a fee only before such time that you have departed your current location for the Premises. You agree to notify and contact to the Service Seeker by text messaging, by clicking "I'm on my way" or such similar language if so as provided in the Apps or any other communication methods that you agreed on with the Service Seeker, when you leave your current location. You hereby agree not to misstate your departure time or otherwise mislead a Service Seeker as to the time you depart your current location or the time you will arrive at the Premises. You understand and acknowledge that the Apps may track your location and trip to the Premises in real time. You also agree to act in a fair, reasonable and professional manner in all matters related to your travel to the Premises.

 

c. Service Provider’s Responsibilities. By Accepting the Task you signify that you are willing, able and Qualified to perform and complete the Task. You further agree that you confirm the parameters of the Request with the Service Seeker. You further represent and warrant that you have the authority to enter into the contract on behalf of your affiliated contracting company. Your Acceptance signifies your agreement to: leave an adequate amount of travel time to the Premises, arrive on time and fully prepared to complete the Task, be committed to the assigned Professional Service and be prepared to stay as long as it takes to complete the Task to the Service Seeker's reasonable satisfaction. You agree not to Accept any Task you do not reasonably have the time or ability to complete or that you do not intend on completing.

 

d. Completing the Task. Once you have confirmed the parameters of the Task with the Service Seeker, you agree to perform and complete the Task efficiently and with the highest level of skill and care. Once you have completed the Task, you understand that the Service Seeker will rate your service and you agree to rate the Service Seeker to ensure all Users maintain the quality and integrity of the Service.

 

 

SECTION 7 – CANCELLATION POLICY.

 

Cancellation by Service Seeker. A Service Seeker may cancel a Request without penalty or with a prior declared certain amount of penalty as set out in this Terms or in additional amendments. We reserve the right to change, modify, increase, or decrease the amount and terms of the cancellation fees or penalties in our discretion from time to time. If we choose to do so, we will notify you by posting the update to the Website and/or Apps.

 

Cancellation by Service Provider. You are under no obligation to Accept Requests and have agreed to Accept only Tasks that you are willing, Qualified, and able to complete. Cancelling a Task should only be done as a last resort and may only be done in extenuating circumstances, such as not having the proper tools for the Task, feeling unsafe about the Task or Premises, or being unable to deliver the required standard of workmanship. You understand and agree that scheduling conflicts are not legitimate reasons for cancelling a Task. We reserve the right to suspend, modify or terminate your status as a Service Provider if we determine, in our sole discretion, that you have cancelled Tasks without legitimate reasons.

 

 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

Fees and Rates

 

Best4Home’s service requesting options are free for users. We do not charge any transaction fees, listing fees or membership fees from Service Seekers, except request cancellation fees determined under this Terms. Best4Home only charges fees (the “Fees”) for the selected subscribed services and/or service based membership from Service Providers under determined and declared rates. Fees and Rates are available at the website and/or Apps and are incorporated into this Agreement by reference. We may change our Fee policy from time to time and introduce new paid Services. Best4Home may choose to waive Fees at its discretion. Unless otherwise stated, all Fees are in Canadian dollars.

 

Services can be chosen based on ten (10) days, fifteen (15) days, thirty (30) days subscription, or three (3) months, six (6) months or one (1) year membership. Service Provider may subscribe to unlimited number of services that he/she willing to provide. We reserves the right, in our sole discretion to change, modify or cancel any type or form of service subscription and membership from time to time without notice to you or with prior announcement and without Service Providers or Service Seekers consent.

 

- Term – You agree that the initial term of your Best4Home Subscription is effective for a minimum of ten (10) consecutive days and Membership is effective for a minimum of three (3) consecutive months;

 

- Membership Payment – Payment may be made in-full-in-advance (for a term of three (3) months, six (6) months, one (1) year) via an approved payment method, as set out by Best4Home. Any payment made in-full-in-advance is wholly and completely non-refundable;

 

- Selected Service Subscription Payment – Registered Service Providers may purchase ten (10) days, fifteen (15) days, thirty (30) days subscription to selected any unlimited number of services through the Site and/or Apps;

 

- Refusal – You understand and agree that Best4Home reserves the right to cancel your Best4Home Subscription and/or Membership if it deems, in its sole and absolute discretion, to be inappropriate in any way;

 

- Termination – You understand and agree that Best4Home, in its sole and absolute discretion, reserves the right to downgrade your Subscription and/or Membership or terminate your Subscription and/or Membership and account at any time without notice. You may terminate your Subscription and/or Membership after the completion of the initial term ten (10) days for Subscription with five (5) days written notice and three (3) month term with thirty (30) days written notice for Membership. Any payment made in-full-in-advance is wholly and completely non-refundable;

 

- You acknowledge and agree that it is your responsibility to ensure that the communication methods that you have selected in your Best4Home Platform account, and all contact and billing information, are kept up-to-date and accurate. Best4Home is not responsible, or liable, for undelivered account and Member notifications. You agree to promptly notify Best4Home if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer;

 

- You acknowledge and agree that you will not receive a detailed account statement unless you provide Best4Home with a valid email address. Your account balance is also available at Best4home Platform within your registered Service Provider account. Best4Home will cancel your paid membership if your account is 60 days overdue. You are then responsible for paying the amount owing if you wish to reinstate your membership;

 

- Any disputes about charges to your account must be submitted to Best4Home in writing within thirty (30) days of the date such charges are incurred. You agree to waive all disputes not made within the thirty (30) day period, and all such charges will be final and not subject to challenge;

 

- Past due accounts may be sent to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for, any and all collection and related litigation fees;

 

- No fee is due or payable to the extent such fee is in violation of any applicable law;

 

- You authorize Best4Home to charge you for any sales or similar taxes that may be imposed on your Best4Home Membership payments, Subscription fees, or any other fees charged by Best4Home.

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities requested per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or requested address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by Service Providers or Service Seekers.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Best4Home Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

 

SECTION 9 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site and/or Apps is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website and/or Apps (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

SECTION 10 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site and/or Apps may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence;

 

(2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

SECTION 12 - PERSONAL INFORMATION

 

Your submission of personal information through the online platform is governed by our Privacy Policy. You can view our Privacy Policy at the Legal section of www.best4home.ca webpage.

 

Confidentiality. The term "Confidential Information" shall mean any and all of Best4Home's trade secrets, confidential and proprietary information, personal information and all other information and data of Best4Home that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Best4Home Platform contains secured components that are accessible only to those who have been granted a username and password by Best4Home.

 

Information contained within the secure components of the Best4Home Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Best4Home and agree that you will not use Confidential Information other than as necessary for you to make use of the Best4Home Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Best4Home in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Best4Home upon termination of this Agreement for any reason whatsoever.

 

 

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site and/or Apps or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website and/or Apps is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

 

SECTION 14 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site and/or Apps or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Best4Home, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

SECTION 16 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Best4Home and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

SECTION 17 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 18 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 19 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site and/or Apps or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

SECTION 20 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Province of Ontario, Canada  without regard to conflict of laws principles.

 

 

SECTION 21 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website and/or Apps periodically for changes. Your continued use of or access to our website and/or Apps or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 22 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@best4home.ca




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