Terms and Condition of Use
Terms and Conditions of Use
Please read the following Terms & Conditions of Use. In order to use TasktoPro.com , you must agree to the Terms & Conditions.
YOU MAY NOT USE THE SERVICE OF TASKTOPRO.COM IF YOU ARE UNDER THE AGE OF 18 YEARS.
- ABOUT THE UTILITY
The Utility provides a platform that connects Requesting Users and Home service providers only. TASKTOPRO does not provide or perform Home Services. It is not responsible for the performance of Home Services. TASKTOPRO has no control over nor does it accept responsilbility for the quality, timing, provision or failure to provide home services and for the quality of materials used.
To use the Utility you must be a registered User. To become a registered User you must create a User Account (as defined below). You may create a User account and access the Utility from a computer or mobile device.
- Requesting Home Services.
- A User may use the Utility to post a request to have a particular Home Service provided (a “Request”). Such Requests must be clearly worded, correctly provide for the relevant category of service, and be a fair and accurate description of the work to be done. When making a request, the Requesting User is solely responsible for confirming the accuracy of all information provided, including, the work requested to be done and the location at which the Requesting User will require such Home Services (the “Premises”).
- Each Request is limited to one discrete Home Service to be provided by one Home Service Provider. If a User wishes to obtain help with more than one Home Service or wishes to obtain help from more than one Home Service provider, the User must make a separate Request for each Home Service and for each Home Service provider required.
- As a Requesting User, by confirming your Request, you understand and agree that you have made a request which the Home Service provider is free to accept or reject in his or her sole discretion.
- By confirming your Request you acknowledge the Home Service Provider may charge you fees in relation to the Home Service Provider’s response Once you have confirmed your Request, you may cancel the job (“Job”) without incurring a fee provided your cancellation is in accordance with article 4.
- You understand that once a Home Service Provider accepts your Request, TASKTOPRO will notify you with information about the Home Service Provider, which may include the Home Service Provider’s name, photo, company name, customer service rating, and estimated time of arrival. You will also be able to contact the Home Service Provider by telephone or text message for the sole purpose of communication related to the Home Service Request.
- Booking Home Service
- Upon a Home Service Provider accepting your request, you may post a job, price, and start date. You understand that by posting the job you are making a contractual offer to the Home Service Provider.
- In response to your posting, the Home Service Provider may either reject your posting, accept your posting, or deliver a counter posting to you. You understand that if the Home Service Provider accepts your posting you have a contract for services between you and the Home Service Provider.
- If the Home Service Provider provides you with a counter posting, you may either reject the counter posting, accept the counter posting or make a further counter posting to the Home Service Provider. You understand that if you accept the Home Service Provider’s counter posting then you have a contract for services with the Home Service Provider.
- Prior to a posting or counter posting being accepted as aforesaid, you are free to arrange with the Home Service Provider a visit or visists by the Home Service Provider to the place where the service is to be provided for the purposes of the Home Service Provider providing you with an accurate estimate.
- Upon acceptance of a posting or counter posting, you and the Home Service Provider will provide the Utility and the Utility will record a general description of the service to be provided, the total contract price, the net contract price (being the total contract price less the price of materials) and the start date.
- Your Responsibilities.
- By making a Request and following the booking procedure, you represent and warrant that you:
- have the right to grant access to the Home Service Provider to the premises for the purpose of performing the Home Services;
- Either you or your representative who is 18 years old, or older will be present at the Premises at all times while the Home Service is being performed and
- You are either the owner or legal tenant of the premises.
1.4 Services Timing
- You understand that we will take all reasonable efforts to connect you with a Home service provider suitable to perform the home services you have requested. However, you understand further that the availability of Home Service Provider willing to accept the Home Service you have requested, your location and other conditions may make our ability to connect you with a suitable Home Service Provider beyond our control.
- We do not guarantee that your request will be accepted within the timeline prescribed for the respective service category, or at all.
- Any references within the Utility to a Home service provider being rated, verified, vetted, licensed (where applicable), qualified, or similar language only indicates that the Home service provider has completed the relevant registration process within the Utility and does not indicate that TASKTOPRO endorses, certifies, or guarantees any User or its identity, trustworthiness, suitability, skill, or workmanship or ability to provide the Home Service.
- When interacting with other Service Providers, including Home service providers, you must exercise due diligence, caution and common sense to protect your personal safety and property. NEITHER TASKTOPRO NOR OUR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SERVICE PROVIDER OF THE UTILITY AND YOU HEREBY RELEASE AND WAIVE TASKTOPRO COMPANIES, OUR AFFILIATES AND LICENSORS AND AGREE TO INDEMNIFY TASKTOPRO AND OUR AFFILIATES OR LICENSORS FROM ANY LIABILITY AND CLAIMS ARISING THEREFROM, WHETHER DIRECT OR INDIRECT. TASKTOPRO AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE UTILITY AND YOU AGREE TO INDEMNIFY AND HOLD TASKTOPRO HARMLESS FROM ANY CLAIM OR LIABILITY ARISING THEREFROM.
- REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Utility, you agree to:
(i) provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Utility (“Registration Data”);
(ii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete.
(iii )We reserve the right at our sole discretion to reject any registration form and delete your account administratively.
(iv)You must be at least 18 years old to register as a User.
(v) By providing Registration Data, you signify that you are at least 18 years old and acknowledge that you may not use the Utility if you are under the age of 18.
At its sole discretion, TASKTOPRO may require you to produce proof of your age satisfactory to TASKTOPRO. If upon request, you fail to provide proof of your age, TASKTOPRO reserves the right to reject your registration form and delete your account administratively.
(vi)You may register on behalf of a Corporation however you acknowledge and agree that by providing Registration Data in such a capacity, you signify that you are authorized to enter into these Terms and Conditions of Use , bind the Corporation to these terms and register it as a User of the Utility.
(vii)Upon providing Registration Data to TASKTOPRO through the Utility, you will provide account information (your “User Account”) including (but not limited to) your personal information, mobile telephone number, and credit card data. Once you successfully register for a User Account, you will choose a password and be given access to your personal User Account.
(viii)You hereby agree to be fully responsible for:
- immediately updating your User Account to note any change in Registration Data,
- all use of your User Account,
- any action that takes place using your User Account by any person or automated process,
- maintaining the confidentiality and security of the password to your User Account, and
- Immediately notifying us upon any unauthorized use of your password or your User Account.
- FEES & PAYMENT TERMS
- Regarding Legal Relationships between TASKTOPRO, the Requesting User and the Home Service Providers
Requesting Users contract directly with the Home service providers.TASKTOPRO will not be a party to any agreements or contracts for Home Services. TASKTOPRO acts to coordinate payments between Requesting Users and the Home Services Provider but does not act as a contractor for the Home Services and nothing in TASKTOPRO’S involvement in the payment process makes us responsible for the Home Services. Your contract for Home Services is with the Home Services Provider, and not with TASKTOPRO.
TASKTOPRO recommends the rates for Home Services, which may be provided to you during your Request process. This Rate excludes any materials required by the Home Service Provider to complete the Home Service. You acknowledge and agree that the cost of materials will be in addition to the recommended Rate. TASKTOPRO reserves the right to modify or update the recommended Rates at any time and in it’s sole discretion. When submitting a Request for a particular category of Home Service, TASKTOPRO may provide you with the recommended Rate, but are under no obligation to do so and you hereby agree that it is your responsibility to remain informed about the current recommended Rates for the category of Home Service at the time requested and it is your responsibility to arrive at and to confirm the rates, fees and material costs with the Home Service Provider.
- Booking Fees
- Upon the acceptance of a posting or counter posting the Utility shall prompt the User to pay and the User shall pay through the payment processor provided on the Utility, the sum of 25% of the net contract price.
- Of the said 25%, 10% shall be retained by TASKTOPRO as an administrative fee and 15% shall be delivered to the Home Service Provider as a booking deposit. Upon the Home Service Provider attending upon the job on the start date. The booking deposit delivered to the Home Service Provider shall be credited by the Home Service Provider to the User towards the total contract price.
- The administrative fee shall be retained by TASKTOPRO subject to the provisions of the cancellation policy in article 4 herein.
- All matters relating to taxes with respect to the agreed total contract price shall be between the User and the Home Service Provider and TASKTOPRO will withhold no taxes.
- The User agrees and acknowledges that the administrative fee is not a part of the contract between the User and the Home Service Provider but is payable as a fee only relating to the use of the Utility.
- Home Service Payment and Billing.
- Requesting Users will be responsible for paying the invoice for each Home Service (the “Invoice”), which will include the pricing terms of the Home Service agreed to between the Requesting User and the Home Service Provider.
- By submitting a Request and following the booking procedure provided herein, you agree that you will pay for all Home Services requested (including all materials, taxes and late fees, as applicable) (the “Home Service Payment”) that may be accrued by or in connection with your User Account, unless otherwise provided in these Terms and Conditions of Use. You may use Promotional Credits (as defined below) available in your User Account, if any, as full or partial payment for the Home Service Payments under the terms of these Terms and Conditions of Use and any terms or restrictions attached to the Promotional Credits.
- Payment Processor
The User is required to provide its credit card or bank account details (as specified in any registration forms provided when registering for your User Account) to us when registering for a User Account. By doing so, you authorize us to provide this information to the third party payment processor (the “Payment Processor”) we retain. TASKTOPRO may change the payment processor at its sole discretion upon notice to the User provided on the Utility. You acknowledge and agree that the terms of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our terms and policies do not govern and that we have no liability arising from your use of or access to the Payment Processor. You should review the applicable terms and policies of the Payment Processor, including its privacy and data gathering practices. We are not responsible for any arrears by the Payment Processor.
- Changes to Our Fees
We reserve the right to introduce or charge, or change a service fee or implement charges for features of the Service as indicated to Users from time to time. Any revised fees will take effect 30 days from the date of posting to the Website, App, or notification to your User Account. If you choose to terminate your User Account after notification of any new or additional fees, you must do so before the 30 day period, after which such charges will be applied to your User Account, if applicable.
- No Obligation to Withhold Taxes
Except for applicable taxes indicated on your Invoice, we do not collect or remit any taxes for any Home Service Payments received in any jurisdiction. The payment rate used for computing Home Service Payments paid to Home service providers is inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such Home service providers. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our Service and that in no event will we be responsible for any tax compliance. You further agree to indemnify and hold the TASKTOPRO Inc and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Service.
- No Obligation Regarding Construction Act Holdbacks
The Construction Act requires owners to holdback payments for services and materials provided to improvements. You acknowledge and agree that you are solely responsible for all holdbacks compliance relating to your use of our Utility and that in no event will we be responsible for any holdback compliance. You further agree to indemnify and hold TASKTOPRO Inc. and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any claims under the Construction Act or any holdbacks related to your use of the Utility.
- Promotions and Promotional Credits
We may, from time to time and in our sole discretion, provide certain promotional credits (“Promotional Credits”) to Users. There is no guarantee of or right to receive any such Promotional Credits. We reserve the right to activate, or modify any such Promotional Credits at any time,prior to issue of the credit to you, in our sole discretion and without notice to you. Promotional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your User Account.
3.11 Liability Insurance to General Helpers
WITHOUT LIMITING THE GENERALITY OF THE FORGOING, TASKTOPRO WILL PROVIDE LIABILITY INSURANCE TO GENERAL HELPERS, (UNLICENSED SERVICE PROVIDERS) WHO PERFORM TASK UNDER GENERAL HELP CATEGORIES AND ARE APPROVED AND CONFIRMED OF HAVING LIABILITY COVERAGE THROUGH TASKTOPRO
- CANCELLATION AND POSTPONEMENT
The User and the Home Service Provider may by mutual consent postpone the start date of a job by following the prompts provided on the Utility to postpone the start date. Postponing the start date will have no affect on the User’s obligation to pay the booking fee provided for in article 3.3 herein.
- User Cancellation
- A User may cancel the booking of a contract by following the prompts provided on the Utility for doing so.
- If the User cancels the booking within 30 minutes of the acceptance of a posting or counter posting then TASKTOPRO shall return the full booking fee to the User.
- If the User cancels the booking after 30 minutes of the acceptance of a posting or counter posting but before 12 hours prior to the start date then TASKTOPRO shall return 80% of the booking fee so that the whole of the Service Deposit and half of the administrative fee is return to the User.
- If the User cancels the booking after 30 minutes of the acceptance of a posting or counter posting within 12 hours of the start date then TASKTOPRO shall return only the Service Deposit and shall retain the whole of the administrative fee.
- If the User cancels the booking after the start date then no part of the booking fee will be returned to the User, the Service Deposit will be released to the Home Service Provider and the full administrative fee will be retained by TASKTOPRO.
- Cancellation by Home Service Provider
- A Home Service Provider may cancel its booking by following the propmts set out on the Utility.
- If the Home Service Provider cancels the booking any time before the start date the TASKTOPRO shall return to the User the whole of the booking fee.
- If the Home Service Provider cancels the booking after the start date then TASKTOPRO shall return to the User the whole of the booking fee.
- If the Home Service Provider fails to attend at the job on the start date then TASKTOPRO shall return to the User the whole of the booking fee.
- Nothing herein is intended to have any bearing of affect upon the contract between the Home Service Provider and the User and the postponement and cancellation of the contract between the User and the Home Service Provider shall be as the User and the Home Service Provider may provide for in their contract and in accordance with the laws of the Province of Ontario.
- Scheduling and rescheduling of the home service shall be entirely as between the User and the Home Service Provider and should be considered by the User when entering into the Home Service Contract with the Home Service Provider.
- PROHIBITED ACTIVITIES REGARDING REQUESTS FOR SERVICE
- Prohibited Activities. Trust is a critical element of the Utility. In addition to the prohibitions set out in Article 12 herein, you agree not to: if you are a Requesting User, submit a Request that you do not intend to have completed by a Home service provider or that you do not intend to pay for,
- recruit or otherwise solicit any User or Home service provider to join third-party services or websites that are competitive to TASKTOPRO or to use it’s Utility to obtain work or solicit Home Services outside the provision of it’s Utility, or
- use the Utility to “stalk”, harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any other User, provider of the Utility or any other person or collect or store any personally identifiable information about any other User or provider other than for purposes of transacting a Home Service.
- Prohibited Services. While using the Utility, you further agree not to request, offer, negotiate, or complete any request for or to proceed with any negotiations with a Home Service provider that:
- would violate, or lead to the violation of, any applicable local, provincial, territorial, national or international law or regulation,
- encourage or facilitate illegal activity, pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, and pornography,
- you have no legal right to request or perform, or
- would be considered, in any way, to form part of a lottery, raffle, sweepstakes, affiliate marketing scheme, multilevel marketing, pyramid scheme, or be related to spam, or any other form of solicitation that is not authorized by these Terms and Conditions of Use
TASKTOPRO reserves the right to change, modify, add, or delete portions of these Terms and Conditions of Use in our sole discretion from time to time without prior notice. If we do this, TASKTOPRO will post the latest version of these Terms and Conditions of Use on this page at https://tasktopro.com/terms_and_conditions, and will indicate at the bottom of such page the date of the last revision or modification. Your continued use of the Utility, which use includes your continuing to make available your User Content (defined below) on the Utility, after any such change, modification, addition or deletion constitutes your acceptance of these Terms and Conditions of Use as then revised. If you do not agree to abide by this or any future version of these Terms and Conditions of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
In these Terms and Conditions of Use “Content” means all materials and content of any type, including, but not limited to, ratings, photos, graphics, images, designs, profiles, messages, information, notes, text, information (including Registration Data, Requests, location), music, sound, video, articles, and software.
- USER CONTENT
In these Terms and Conditions of Use “User Content” means all content uploaded to the Utility by the User.
- YOUR LICENSE TO US.
The Utility permits you to submit, transmit, copy, make available and distribute Content (collectively, your “User Content”), and we do not claim ownership over any User Content. By providing any User Content, you
- acknowledge that TASKTOPRO reserves the right to refuse to accept, display, or transmit any User Content in its sole discretion,
- grant TASKTOPRO the worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content as permitted by the functionality of the Utility (the “User License”) on the following terms:
- the User License is limited to the purpose of offering the Utility,
- the User License includes TASKTOPRO’s right to sublicense to third party service providers for the sole purpose of offering the Utility, at all times in accordance with these Terms and Conditions of Use, and
- the User License will end, and TASKTOPRO will cease to use User Content, a commercially reasonable period after such User Content is administratively deleted from the Utility.
- represent and warrant to us that (1) you have all right, title and interest to grant the User License, (2) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, and (3) no User Content contains any libellous, defamatory or otherwise unlawful material, and
- hereby agree to indemnify TASKTOPRO and hold it harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims in any way related to the infringement on any other person’s rights (including but not limited to all of the rights set out in (b) above) by your User content.
- UTILITY CONTENT
All Content available or stored on the Utility other than your User Content, including the Utility itself, including the Website and the App, all other Users’ Content, any Content made available by TASKTOPRO or any third party, and the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is the property of TASKTOPRO, (or of our Users or Licensors as the case may be) with all rights reserved, and TASKTOPRO (or our Users or licensors as the case may be) retains and shall retain all right, interest and title in and to all Utility Content.
- TASKTOPRO’S LICENSE TO YOU.
Provided that you are eligible for use of the Utility, and that you agree to these Terms and Conditions of Use, TASKTOPRO hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Utility and to download or print a copy of any portion of the Utility Content solely for your personal, non-commercial use, and for such use expressly permitted by these Terms and Conditions of Use subject to these Terms and Conditions of Use and provided that you keep all copyright or other proprietary notices intact. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website or the App. You further agree not to change, translate, or otherwise create any derivative works of the Utility. If TASKTOPRO revokes it’s license to you, you agree to remove any Content infringing the terms of these Terms and Conditions of Use and that the terms of these Terms and Conditions of Use will survive such revocation and continue to bind you.
- USER CONDUCT (THINGS YOU MUST NOT DO).
You acknowledge and agree that the Utility is available for your personal use only in connection with the proper requesting or servicing of Requests, and may not be used for any other commercial purpose. Without restricting anything else in these Terms and Conditions of Use , you agree not to
- alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Utility Content,
- reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Utility, the Utility Content, or any part thereof,
- make the Utility or Utility Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Utility in any way except in furtherance of your permitted use in accordance with these Terms and Conditions of Use
- republish any Utility Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be,
- use any data mining, robot or similar data gathering or extraction methods with respect to any Utility or any Utility Content,
- register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or non-individual entity (except, in the case that the individual is a Corporation, you are duly authorized to do so by the said Corporation),
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, User Account or otherwise,
- upload, post, transmit, share or otherwise make available on the Utility any User Content that
- consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, or
- contains any private information of any third party, including, without limiting the generality of the foregoing, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented in writing to such use of its private information, and you have provided that written consent to TASKTOPRO in advance.
- is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable and the deterimation of whether any User content is so reserved to TASKTOPRO’S sole discretion.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, municipal, provincial, state, Federal, national or international law,
- disable or circumvent any access control or related process or procedure established with respect to the Utility or attempt to gain unauthorized access to the Utility or Utility Content,
- remove any copyright or other proprietary notices or interests in the Utility, Utility Content or any part thereof,
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for commercial or unlawful purposes,
- use the Utility or any Utility Content to “stalk”, intimidate, harm or otherwise harass another User or another person,
- intentionally or unintentionally violate any applicable local, municipal, provincial,state, Federal, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,
- access the Utility or any Utility Content in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Utility or Utility Content,
- utilize the Utility in any way except as expressly permitted by these Terms and Conditions of Use , including by developing or using any software tool or other application that interfaces with the Utility, Website, or App except for standard web browsers,
- interfere with or disrupt the Utility or Utility Content (including the servers, networks or technology connected to the Utility), or
- use or attempt to use another’s User Account.
- NUDITY AND OBJECTIONABLE MATERIAL.
You acknowledge and agree not to, and TASKTOPRO strictly prohibits, the uploading and display of any User Content portraying explicit nudity, adult content, or that is in any way unacceptable or objectionable, as determined in its sole discretion. For example, but without limitation, prohibited User Content including material that only be appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the sole discretion of whether User Content is suitable belongs to TASKTOPRO, and TASKTOPRO reserves the right (but has no obligation) to (a) delete any User Content it deems to violate these Terms and Conditions of Use or, or (b) to cancel the User Account from which such User Content made available on the Utility.
- USER CONTENT RESPONSIBILITY
- OTHER USES
Any use of the Utility or the Utility Content other than as specifically authorized in these Terms and Conditions of Use , without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by TASKTOPRO herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions of Use shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
- MODIFICATIONS TO UTILITY
We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Service or any part thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Utility, including, without limitation, the maximum number of days that User Content will be retained by the Utility, the maximum number and volume of User Content that may be transmitted, posted, shared, used, copied, or otherwise made available on the Utility (whether per User Account or globally), the maximum size of any User Content, the maximum disk space that will be allotted on the Utility servers on any User’s behalf, and the maximum number of times (and the maximum duration for which) any User may access the Utility in a given period of time. You agree that TASKTOPRO has no responsibility or liability for the deletion or failure to store any User Content and other communications or Content maintained or transmitted by the Service. You acknowledge that TASKTOPRO reserves the right to log off or otherwise disconnect any User Account that is inactive for an extended period of time in its sole discretion.
Subject to your obligations to pay fees and your obligations surving termination of your User Account set out herein, you may terminate your User Account at any time by deleting your User Account. We reserve the right to terminate, suspend, or deactivate your User Account if we suspect or determine, in our sole discretion, that you have misused our Utility, have used our Utility to violate any law or have breached any term of these Terms and Conditions of Use . We will give you notice of such deactivation and you agree to immediately cease all use of our Utility and any Utility Content or Content licensed to you in Section 10 of these Terms and Conditions of Use .
Notwithstanding anything else in these Terms and Conditions of Use , “tasktopro”, “Tasktopro On Demand”, the tasktopro logo and design, and all other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by the TASKTOPRO INC on or in connection with the Utility (collectively, the “Marks”) are registered trademarks, trademarks or trade dress of the TASKTOPRO INC or our licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- THIRD PARTY SITES AND CONTENT
The Utility may contain (or you may be presented with through the Utility) links to other web sites (“Third Party Sites”) as well as Content (for example GPS systems) belonging to or originating from parties other than us or our Users (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Utility or any Third Party Content available on the Utility, including, without limitation, the content, accuracy, safety, functioning, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us and does not guarantee that any Third Party Content will function with the Utility or will be error-free. If you decide to leave the Utility and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same and that we have no liability arising from your use of or access to any Third Party Site or Third Part Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Utility. Reference on the Utility to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with TASKTOPRO INC. Further, we are in no way responsible for references to or representations, endorsements, reviews, recommendations or sponsorship of the Utility or any Home service provider on any Third Party Site.
TASKTOPRO may run advertisements and promotions on the Utility. You agree that TASKTOPRO has the right to run such advertisements and promotions. The manner, mode and extent of advertising by TASKTOPRO on the Utility is subject to change in its discretion.
- USER-AND-USER DISPUTES AND RELEASE
The Utility is only a venue for connecting Users. TASKTOPRO is not involved in the actual contact between Users or in the provision of Home Services and you are solely responsible for your interactions with other Users. If you have a dispute with one or more Users, you release TASKTOPRO INC (and its officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect arising out of or in any way connected with such disputes.
- No Responsibility for Others’ Content.TASKTOPRO is not responsible or liable in any manner for any User Content or Third Party Content available on the Utility, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Utility. Although TASKTOPRO provides these Terms and Conditions of Use and other policies and rules for User conduct, it does not control and are not responsible for our Users’ actions and is not responsible for any Content you may encounter on the Utility, be it User Content or Third Party Content. It is not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in these Terms and Conditions of Use , TASKTOPRO INC has no responsibility to monitor any User Content or Third Party Content.
- Availability. The Utility may be temporarily unavailable from time to time for maintenance or other reasons.TASKTOPRO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. It is not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Utility) or combination thereof.
- No Guarantee. TASKTOPRO makes no guarantees regarding the provision of Home Services, the acceptance of any Requests for the provision of Home Services, the availability, workmanship, timeliness, integrity, ability or skill of Home service providers or the Home Services they purport to be able or willing to provide. It does not guarantee that the Home service providers hold any qualification, certification, licence, schooling, training, or insurance required to provide the Home Services. THE COMPANY DOES NOT WARRANTY ANY HOME SERVICE PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE , INSURANCE, BOND, OR WORKER’S COMPENSATION PROTECTION REGULATED TO A HOME SERVICE.
- AS IS; AS AVAILABLE. THE UTILITY AND THE UTILITYCONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TASKTOPRO INC DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, TASKTOPRO INC CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY HOME SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE UTILITY. TASKTOPRO INC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE UTILITY 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.TASKTOPRO INC DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
- LIMITATION ON LIABILITY.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION),
- IN NO EVENT WILL TASKTOPRO INC, OR ITS DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, AND WHETHER DIRECT OR INDIRECT, FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE UTILITY, THE UTILITY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE UTILITY (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF TASKTOPRO INC IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TASKTOPRO INC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TASKTOPRO INC FOR THE UTILITY DURING THE YEAR IN WHICH YOUR SUCH CAUSE AROSE. YOU ACKNOWLEDGE THAT THE UTILITY IS FREE FOR REQUESTING USERS. NOTWITHSTANDING THE ABOVE, IN NO CASE WILL TASKTOPRO INC’S LIABILITY TO YOU EXCEED THE LESSER OF (I) 10% OF TOTAL COST OF THE HOME SERVICES RENDERED IN A CALENDAR YEAR AND (II) $200. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO TASKTOPRO INC FOR THE UTILITY, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TASKTOPRO INC, REGARDLESS OF THE CAUSE OF ACTION.. TASKTOPRO INC DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE UTILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BUT ONLY TO THE EXTENT OF SUCH EXCLUSION BY APPLICABLE LAW. NOTHING IN THESE TERMS AND CONDITIONS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
- NO AGENCY
You hereby acknowledge and agree that no employment, joint venture, partnership, or agency relationship exists between you and TASKTOPRO as a result of these Terms and Conditions of Use or your use of our Utility. You and TASKTOPRO are solely independent contractors.
- COPYRIGHT, INTELLECTUAL PROPERTY AND CONTENT COMPLAINTS
If you believe that any Content on the Utility infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Utility, you may send a written notification to TASKTOPRO’s designated agent for copyright and other complaints:
by e-mail: firstname.lastname@example.org
by regular mail:
Attention: Copyright, IP, and Content Complaints
762 Upper James Street
Hamilton ON L9C 3A2
- FORM OF NOTIFICATION REGARDING COPYRIGHT, INTELLECTUAL PROPERTY AND CONTENT COMPLAINTS
The notification must be a written communication that includes the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
- if the complaint is about objectionable content, the reasons for the objection;
- identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the information in the notification is accurate; and
- if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
- ABUSER AND REPEAT ABUSER POLICY
TASKTOPRO has adopted a policy of administratively deleting, in appropriate circumstances and at its sole discretion, Users who are deemed to be repeat infringers of intellectual property or users or posters of objectionable content. TASKTOPRO may also, at its sole discretion, limit access to the Utility or admininstrativley delete the User Account of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement, or otherwise uses or posts objectionable content through the Utility
- GOVERNING LAW; VENUE AND JURISDICTION
You agree that the laws of the Province of Ontario, Canada, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and TASKTOPRO. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any dispute hereunder.
- DISPUTE RESOLUTION
31.1 Contact Us First. TASKTOPRO cares about addressing your concerns in an informal and efficient manner. For any dispute you have with TASKTOPRO regarding the Utility you agree to first contact TASKTOPRO and attempt in good faith to resolve the dispute informally by reporting the dispute to its customer service online at any time by emailing email@example.com. You agree that if the dispute is not resolved by informal resolution within 15 days of your submission, you will resolve any claims through final and binding arbitration (“Arbitration”).
- Arbitration. You agree that any claim arising out of or in connection with these Terms and Conditions of Use , or in respect of any legal relationship associated with or derived from these Terms and Conditions of Use , that is not resolved through the customer service centre, will be finally resolved by Arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Arbitration will take place in Toronto, Ontario, Canada. The language of the arbitration will be English.
- No Class Actions. You hereby agree and acknowledge that you may only resolve disputes with TASKTOPRO on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action. You further agree that, by entering into these terms, you and TASKTOPRO each agree that all claims and disputes shall be resolved under these Terms and Conditions of Use. In the event any litigation should arise between you and TASKTOPRO, in any jurisdiction, in a suit to vacate or enforce an Arbitration award or otherwise, you and TASKTOPRO waive all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agree to take any and all action necessary or appropriate to effect such waiver.
- Time Limitation. You hereby agree that any claim under these Terms and Conditions of Use must be brought within two years of the act giving rise to the claim.
You agree to indemnify and hold TASKTOPRO and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Utility, your conduct in connection with the Utility or with other Users of the Utility, or any violation of (a) these Terms and Conditions of Use , (b) any law, or (c) any right of any third party.
Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, complaints, suggestions, ideas, feedback or other information about the Utility (collectively, “Submissions”), provided by you to us are non-confidential and shall become the sole property of TASKTOPRO, which shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- ELECTRONIC COMMUNICATIONS
When you use the Utility, send e-mails to TASKTOPRO, or register for a User Account, you are communicating with TASKTOPRO electronically. You consent to receive communications from us electronically. TASKTOPRO will communicate with you by electronically by e-mail, in app push notifications or text message to the email address and/or phone number attached to your User Account through your Registration Data or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- APP/MOBILE PHONE USE
You agree to adhere to any terms of any app store, mobile software platform, payment platform, or other third party services provided in connection with your use of the App. TASKTOPRO reserves all rights in and to the App not expressly granted to you under these Terms and Conditions of Use and you only have a limited license to use it to access the Utility in accordance with these terms. By providing your mobile phone number and using the Utility, you hereby affirmatively consent to our use of your mobile phone number for calls and texts from us and certain other Home service providers relating to Requests relevant to you, such as those you submit. You understand and acknowledge that by communicating by calls or text, standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your User Account settings on the Website or App or by emailing firstname.lastname@example.org.
- MERGER OR ACQUISITION
- In these Terms and Contions of Use TASKTOPRO means: TASKTOPRO Inc.
Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, these Terms and Conditions of Use and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
These Terms and Conditions of Use constitutes the entire agreement between you and TASKTOPRO regarding the use of the Utility, superseding any prior agreements between you and TASKTOPRO relating to your use of the Site or the Utility. TASKTOPRO’s failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions of Use is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of these Terms and Conditions of Use shall continue in full force and effect. The benfit of these Terms and Conditions of Use are not assignable by the User. The benefit of these Terms and Conditions of Use are fully assignable by TASKTOPRO. The obligations pursuant to these Terms and Conditions of Use are binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns.
- ENGLISH LANGUAGE
The parties have requested and agree that these Terms and Conditions of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.
End of Terms of Service (Last Updated: June 04, 2021)