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. offers you the services 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. 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 requesting the Services, the Third Party Contractor will take a photo of the outside of your property upon completion of the Services.
- Express Waiver of Liability
SNOWJOB AND MOWJOB APP INC. ACCEPTS NO RESPONSIBILITY FOR ANY ICE OR SNOW THAT MAY DEVELOP IN YOUR DRIVEWAY OR OTHER AREA AFTER THE PERFORMANCE OF THE SERVICES, OR THAT MAY EXIST BENEATH THE SNOW IN YOUR DRIVWAY OR OTHER AREA AFTER THE PERFORMANCE OF THE SERVICES. SNOWJOB AND MOWJOB APP INC. DOES NOT REPRESENT THAT THERE WILL REMAIN NO SNOW IN YOUR DRIVEWAY OR OTHER AREA (i.e. SnowJob and MowJob App Inc. does not guarantee bare pavement) AFTER THE PERFORMANCE OF THE SERVICES. SNOWJOB AND MOWJOB APP INC. DOES NOT SALT OR SAND DRIVEWAYS OR OTHER AREAS TO BE CLEARED, UNLESS SPECIFICALLY REQUESTED BY THE CUSTOMER. THE CUSTOMER 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.
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.
YOU ACKNOWLEDGE THAT SNOWJOB AND MOWJOB APP INC. SHALL NOT BE RESPONSIBLE FOR THE QUALITY OF THE SERVICES RENDERED TO YOU BY THE THIRD PARTY CONTRACTOR, AND THE THIRD PARTY CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL ASPECTS OF THE PROVISION OF THE SERVICES TO YOU.
YOU ACKNOWLEDGE THAT SNOWJOB AND MOWJOB APP INC. SHALL NOT BE RESPONSIBLE TO ENSURE THAT A CONTRACTOR OR PROVIDER HOLDS APPROPRIATE INSURANCE TO PROVIDE THE CONTRACTED SERVICES.
YOU EXPRESSLY AND IRREVOCABLY ACCEPT AT NO TIME SHALL SNOWJOB AND MOWJOB INC’S LIABILITY EXCEED THE AMOUNT OF THE CHARGES INCURRED BY THE CUSTOMER FOR THE SERVICES.
Herein, the terms “We”, “we”, “Us”, “us”, “Our”, and “our” refer to SnowJob and MowJob App Inc. . “You”, “you”, and “Customers” refers to customers of our App who register for snow plowing and clearing services. “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 (“Third Party Contractors”). The Services are made available solely for your personal, non-commercial use. You 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 independent Third Party Contractors who are not employed by SnowJob and MowJob App Inc. or any of its affiliates.
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’s Responsibility
You acknowledge that by using the App and Services, you are responsible to provide accurate and complete information required by SnowJob and MowJob App Inc. Failure to do so 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;
- 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 further acknowledges that the Third Party Contractors shall 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.
Customers acknowledge that Third Party Contractors are responsible for reporting driveway size discrepancies 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.
8. Discontinuance of Services
The Services or Services may be cancelled by the Customer, SnowJob and MowJob App Inc. or a Third Party Contractor at any time, provided that the performance of Services has not already begun. If the services are cancelled by the provider the provider must explain why services were cancelled to SnowJob and MowJob App Inc.. The Services have begun once the Third Party Contractor has indicated on the mobile application that the provision of Services has begun. If the Customer has the Provider perform the services outside of the scope of the App or Website the Customer may be prohibited from using the App. Additionally, SnowJob and MowJob App Inc. may terminate or suspend your account(s) registered through the App and your access to the Services or App at any time, for any reason without advance notice.
SnowJob and MowJob App Inc. reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your inability to remove snow, or secure other snow removal and clearing services.
You understand that use of the Services may result in charges to you for the Services received from a Third Party Contractor (“Charges”). After you have received Services obtained through your use of the App, SnowJob and MowJob App Inc. will facilitate your payment of the applicable Charges on behalf of the Third Party Contractor as such Third Party Contractor’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Contractor. Charges will be inclusive of applicable taxes where required by law. Charges paid by you 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 your Account. Following the transaction, SnowJob and MowJob App Inc. will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SnowJob and MowJob App Inc. may, as the Third Party Contractor’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and SnowJob and MowJob App Inc., SnowJob and MowJob App Inc. reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SnowJob and MowJob App Inc.’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SnowJob and MowJob App Inc. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
This payment structure is intended to fully compensate the Third Party Contractor for the Services provided. Gratuities are voluntary. After you have received the Services obtained through the App, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Contractor.
An Account is required to be opened to access the Services (“Account”). In order to open an account with SnowJob and MowJob App Inc., you must complete the registration process by:
- Providing SnowJob and MowJob App Inc. with current, complete and accurate information as prompted by the applicable registration form
- Choosing a password. Your account will be associated with the e-mail address that you provide when you open an account
- Providing SnowJob and MowJob App Inc. with your preferred payment information, and, if desired, a secondary payment preference. SnowJob and MowJob App Inc. will not share your payment information with any Third Party Contractor or other persons or entities under any circumstances except where required by law.
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.