By registering through the App to use the Services, you represent and warrant that you are at least 18 years of age.
SnowJob and MowJob App Inc. facilitates your transaction with the end user (“Customer”) for snow removal and lawn care services processed through the App as further described below (the “Services”) pursuant to your acceptance, without modification, of the following terms and conditions (the “Terms”). Please review them carefully. Your use of our Web sites; www.snowmowinc.ca , www.snowjob.app and www.mowjob.app and affiliated mobile telephone application (collectively, the “App”) and the Services provided to you are governed by these Terms. By accessing and using the App and Services, you agree to be bound by the terms, which establish a contractual relationship between you and SnowJob and MowJob App Inc as well as between you and the Customer. If you do not agree, you are prohibited from using this app and related services.
SnowJob and MowJob App Inc. may amend these Terms from time to time, without notice, by posting revised Terms on the App, which shall become immediately effective upon posting of said revised Terms. Your continued use of the App and Services following the posting of amended Terms constitute your acceptance and agreement to the revised Terms. As long as you comply with these Terms, SnowJob and MowJob App Inc. grants you a personal, non-exclusive, non-transferrable, revocable, limited license to enter and use the App.
You acknowledge and accept that, by agreeing to provide the Services, you are a Third Party Contractor and you will provide the Services in a good and workmanlike manner, using the reasonable standard of snow removal required by the industry, and that, upon completion of the Services, you will take a photo of the property at the location where the Services were performed for SnowJob and MowJob App Inc.’s records.
- Express Waiver of Liability
YOU, AS THIRD PARTY CONTRACTOR, AGREE TO PROVIDE THE SERVICES REQUESTED BY THE CUSTOMER. YOU ACKNOWLEDGE THAT YOU ARE NOT A REPRESENTATIVE OF SNOWJOB AND MOWJOB APP INC. AND YOUR RELATIONSHIP WITH SNOWJOB AND MOWJOB APP INC. IS ONE OF INDEPENDENT CONTRACTOR. SNOWJOB AND MOWJOB APP INC. ACCEPTS NO RESPONSIBILITY FOR THE QUALITY OF THE WORK PERFORMED BY YOU, NOR ANY LIABILITY FOR ICE OR SNOW THAT MAY DEVELOP IN THE CUSTOMER’S DRIVEWAY OR OTHER AREA AFTER THE PERFORMANCE OF THE SERVICES, OR THAT MAY EXIST BENEATH THE SNOW IN THE CUSTOMER’S DRIVEWAY OR OTHER AREA AFTER THE PERFORMANCE OF THE SERVICES. SNOWJOB AND MOWJOB APP INC. THE THIRD-PARTY CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS SNOWJOB AND MOWJOB APP INC. FROM ANY CLAIM, SUIT, PROCEEDING, CHARGE, OR OTHER CAUSE OF ACTION THAT MAY ARISE AS A RESULT OF THE CONDITION OF THE CUSTOMER’S DRIVEWAY OR OTHER AREA FROM THE PROVISION OF THE SERVICES.
SNOWJOB AND MOWJOB APP INC. DOES NOT ACCEPT LIABILITY OR RESPONSIBILITY FOR ANY INJURY, LOSS, CLAIM OR DAMAGE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE APP, THE SERVICES, AND/OR THE PROVISION OF THE SERVICES BY ANY THIRD PARTY CONTRACTOR HIRED THROUGH THE APP.
SNOWJOB AND MOWJOB APP INC. SHALL NOT BE RESPONSIBLE FOR THE QUALITY OF THE SERVICES RENDERED BY YOU TO THE CUSTOMER, AND YOU, THE THIRD PARTY CONTRACTOR, SHALL BE SOLELY RESPONSIBLE FOR ALL ASPECTS OF THE PROVISION OF THE SERVICES.
YOU ACKNOWLEDGE THAT, AS A THIRD-PARTY CONTRACTOR USING THE SNOWJOB AND MOWJOB APP INC., IT SHALL BE YOUR RESPONSIBILITY TO ENSURE THAT YOU MAINTAIN APPROPRIATE INSURANCE TO PROVIDE THE SERVICES.
Herein, the terms “We”, “we”, “Us”, “us”, “Our”, and “our” refer to SnowJob and MowJob App Inc. . “Customers” refers to customers of our App who register for snow plowing and clearing services. “You”, “your”, and “Providers” and “”Contractors” and “Operators” refer to the contracted companies and their employees, agents, subcontractors, and operators to whom SnowJob and MowJob App Inc. connects to Customers for snow removal and lawn care services processed through the App.
- The Services
The Services are a mobile telephone technology application that allow the user to arrange and schedule snow removal and lawn care services with independent third party providers of such services under agreement with SnowJob and MowJob App Inc. or certain of their affiliates (collectively “Third Party Contractors”). The Services are made available solely for Residential Customers, are not transferrable and are not permitted for Commercial Customers. Prior to the Services being provided, the Customer must expressly acknowledge that SnowJob and MowJob App Inc. does not provide snow removal and lawn care services or function as a snow removal or lawn care contractor, and that all of the Services are provided by you, the Third Party Contractors, who is not employed by SnowJob and MowJob App Inc. and does not represent SnowJob or MowJob App Inc. and does not hold itself out to be affiliated, employed, or a representative of, SnowJob and MowJob App Inc..
5. SnowJob and MowJob App Inc.’s Ownership of the App
Snowjob and MowJob App Inc. owns or licences all trademarks, patents, copyrights, logos, graphics, user interfaces, visual interfaces, photographs, artwork, computer code and other intellectual property (collectively the “I.P.”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such I.P., contained on the App. is owned, controlled or licensed by or to SnowJob and MowJob App Inc. No part of the App and no I.P. may be distributed, licensed, leased, sold, resold, transferred, publicly displayed, publicly performed, transmitted, streamed, broadcasted or otherwise exploited without SnowJob and MowJob App Inc.’s express prior written consent.
6. Representations of Third Party Contractors
Any opinions, advice, statements, services, offers, or other information, whether with respect to snow removal or lawn care, or any other service or content expressed or made available by Third Party Contractors, Customers, information providers or any other users of the App, are those of the respective author(s) or distributor(s) and not of SnowJob and MowJob App Inc. SnowJob and MowJob App Inc., neither endorses nor is responsible for the accuracy or reliability of any information, report, opinion, advice or statement made by any Third Party Contractor even where such Third Party Contractor was sought, by the Customer, through SnowJob and MowJob App Inc’s App.
7. Customer and Third Party Contractor’s Responsibility
The Customer must provide accurate and complete information required by SnowJob and MowJob App Inc. in order for the Third Party Contractor to provide a set fee for the provision of the Services. Failure on the Customer’s part to provide accurate and complete information to SnowJob and MowJob App Inc. may result in the Third Party Contractor being unable to provide the Services to you:
With respect to snow removal:
- The Customer shall provide SnowJob and MowJob App Inc. with accurate information regarding the size of the driveway or area to be cleared as well as the driveway finish;
- The Customer’s driveway or other area shall be cleared of all debris or obstacles that might prevent the Provider from completing the Services;
- The Customer’s driveway or other area to be cleared is in suitable condition for the Third Party Contractor to undertake the Services;
- The Customer’s driveway or other area to be cleared has clearly marked boundaries (ie, has been staked); and
- The Customer owns the property on which the driveway or area to be cleared is located, or has permission from the owner to request the Services;
With respect to lawn care:
- The Customer shall provide SnowJob and MowJob App Inc. with accurate information regarding the size of the lawn to be cared for by the Third Party Contractor;
- The Customer’s lawn or other area to be cared for shall be clear of all debris or obstacles that might prevent the Provider from completing the Services;
- The Customer’s lawn or other area to be cared for is in suitable condition for the Third Party Contractor to undertake the Services;
- Customer’s lawn or other area to be cared for has clearly marked boundaries (ie, has been staked); and
- The Customer owns the property on which the lawn or other area to be cared for is located, or has permission from the owner to request the Services;
The Customer must acknowledge, before the Third Party Contractor accepts the performance of the Services, that the that the Third Party Contractors shall be in a position to determine, in its sole discretion, whether or not a driveway, lawn, or other area to be cleared or cared for is in suitable condition for performance of the Services.
It is your responsibility, as Third Party Contractor, to report to SnowJob and MowJob App Inc. any discrepancies in the information provided by the Customer to SnowJob and MowJob App Inc. prior to commencing the performance of Services. SnowJob and MowJob App Inc. is not responsible for any disputes or discrepancies regarding requests for Services. In the event that a driveway discrepancy is reported to SnowJob and MowJob App Inc. prior to the Services being performed, SnowJob and MowJob App Inc. will adjust the price for the Services accordingly and charge the client for the Services actually performed. The Third Party Contractor may cancel the performance of the Services prior to the commencement of the Services, but must explain why the Services were cancelled to SnowJob and MowJob App Inc.. The Third Party Contractor will shall not perform the Services directly for the Customer outside of the scope of the App or Website. If the Third Party Contractor performs the Services outside of the App or Website the Third Party Contractor shall be prohibited from using the App or Website. Additionally if the Third Party Contractor does perform the Services directly for the Customer, the Customer will nevertheless be charged the fee for the Services as if arranged through the SnowJob and MowJob App Inc. mobile phone app or website.
8. Discontinuance of Services
SnowJob and MowJob App Inc. reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. The Customer will continue to be liable for any Services that have been provided or that were ordered and have begun. Any person attempting to circumvent the SnowJob and MowJob App Inc. mobile phone app or website will be prohibited from continuing to use the SnowJow or MowJob App Inc. mobile phone app or website.
The Customer will be charged for all Services they secure through the use of the SnowJob and MowJob App Inc. mobile phone app or website. SnowJob and MowJob App Inc. facilitates the transaction between You and the Customer. Once the services have begun, the Customer’s method of payment will be charged to the Customer (“Charges”). Payment by SnowJob and MowJob App Inc. from the Customer to the Third Party Contractor shall be considered the same as payment made directly by The Customer to the Third Party Contractor. The Third Party Contractor will be entitled to 80% of the Charges charged to the Customer. SnowJob and MowJob App Inc. will retain 20% of the Charges charged to The Customer as an administrative fee and for facilitating the transaction. Charges will be inclusive of applicable taxes where required by law. Charges paid by the Customer are final and non-refundable, unless otherwise determined by SnowJob and MowJob App Inc.
All Charges are due immediately and payment will be facilitated by SnowJob and MowJob App Inc. using the preferred payment method designated in the Customer’s Account. Following the transaction, SnowJob and MowJob App Inc. will send the Customer a receipt by email. The Third Party Contractor does not need to provide the Customer a receipt directly.
Third Party Contractors shall not request additional payment by the Customer for the Services. If the Customer wishes to provide a gratuity to You, they may do so at their own discretion, but such gratuity shall not be requested nor required as a term of the provision of the Services by the Third Party Contractor to the Customer. After the Customer receives the Services obtained through the App, the Customer will have an opportunity to rate You and leave additional feedback about your Third Party Contractor.
An Account is required to be opened to access the Services (“Account”). Customers will be required to provide complete and accurate information to SnowJob and MowJob App Inc. to allow SnowJob and MowJob App Inc. to facilitate the Services provided by Third Party Contractors. Third Party Contractors, in turn, must register with SnowJob and MowJob App Inc. to be eligible to provide the Services. The Third Party Contractor’s account must have the following information:
- Provide SnowJob and MowJob App Inc. with a copy of your current and valid driver’s licence.
- Provide SnowJob and MowJob App Inc. with a copy of your current and valid proof of insurance if providing the Services with the use of a motor vehicle. (eg. plow truck)
- Provide SnowJob and MowJob App Inc. with up to date payment information so that SnowJob and MowJob App Inc. can facilitate the payment by the Customer to You.
- You must create through one of the three options through the App or Website. Your account will be associated with the e-mail address that you provide when you open an account.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
11. Charges for use of the App or Services
You are responsible for obtaining, maintaining, and paying for all data network access, telephone, computer hardware, software and other equipment as may be necessary to use the App and Services.
We may collect non-personally identifiable information by using cookies. Cookies are small data files that are sent to your browser and stored on your computer’s hard-drive when you visit certain websites, thereby “tracking” your use of the websites. All information collected by means of cookies is anonymous, aggregated and only used to better understand how our website is used so that we may make design improvements.
We only use the personal information collected through our website to communicate directly with you. We do not share your personal information with any outside parties.
13. Governing Law
These Terms of Service shall be interpreted in accordance with the applicable federal laws and the laws in force in the Province of Ontario. You agree to obey any and all applicable local laws applicable to your use of the Services.
Any provision of these Terms of Service prohibited by law or otherwise ineffective, will be ineffective only to the extent of such prohibition or ineffectiveness and will be severable without invalidating or otherwise affecting the remaining provisions of the Terms of Service.