TERMS AND CONDITIONS
NOW THEREFORE you and HurraHome agree as follows:
“Booked Services” means the Home Services the Client has requested in its Booking Request, at either the frequency of One-Time Booked Services or Recurring Booked Services, and shall include any Rectification Services the Independent Home Services Contractor may be obligated to provide resulting out of a Client Dispute in accordance with the terms of this Agreement;
“Booked Services Fee” means the total fee payable by the Client for the Independent Home Services Contractor’s provision of its Home Services to complete the Booked Services, not including Product Fees, Declined Credit Card Fees, or Optional Gratuity, if applicable;
“Booked Services Location” means the address where the Booked Services are to be carried out as identified in the Booking Request;
“Booking Request” means the reservation made by an End User Client for the Booked Services which are to be carried out at the Booked Services Location at the Scheduled Booking Time;
“Declined Credit Card Fee” means the total fee payable by the End User Client to the Independent Home Services Contractor for the re-processing of the End User Client Fees by the Payment Agent;
“End User Client Fees” means the Booked Services Fee, Product Fee, Declined Credit Card Fee, and Optional Gratuity paid by the End User Client following completion of the Booked Services;
“Home Services” means the home services available to be requested in a Booking Request including but not limited to cleaning;
“HurraHome Approval” or “HurraHome Approved” means branding identifying that the Independent Home Services Contractor’s business has met HurraHome’s quality, safety and service standards and is supported by HurraHome’s Services. The branding is provided to allow End User Clients to immediately identify the Independent Home Services Contractor’s business as (a) meeting a certain standard of security, quality and integrity; and (b) providing consistent and predictable pricing;
“Independent Home Services Agreement” means the agreement entered into between the Independent Home Services Contractor and the End User Client pertaining to the completion of the Booked Services;
“Intellectual Property” shall mean all intellectual and industrial property relating to the Services of HurraHome including the Platform, including without limitation, all works in which copyright subsists or may subsist, designs, drawings, industrial designs, technical information, models, specifications, prototypes, patents, applications for patents, trade secrets, confidential information and know-how, trade-marks, trade-names, discoveries and inventions, and integrated circuit topographies;
“One-Time Booked Services” means a Booking Request submitting a single Scheduled Booking Time as available on the Platform;
“Optional Gratuity” means the optional tip amount applied by the End User Client for the Independent Home Services Contractor’s provision of Booked Services;
“Party” means either the End User Client or the Independent Home Services Contractor and “Parties” shall mean both of them;
“Payment Agent” means a third party escrow and payment agent selected by HurraHome to collect End User Client Fees and remit payment to the Independent Home Services Contractor and HurraHome;
“Platform” means the frontend website, www.HurraHome.com , associated web, tablet and mobile applications, and the supporting backend systems;
“Product Fee” means the total fee payable by the End User Client for the Independent Home Services Contractor’s provision of its own Products and Equipment to complete the Booked Services;
“Products and Equipment” means the cleaning supplies (e.g., multi-purpose/glass/toilet cleaners, clothes/sponges, etc.) and equipment (e.g., vacuuming cleaner, mop & bucket, broom & dust pan, etc.) required to complete the Booked Services;
“Recurring Booked Services” means a Booking Request submitting a Scheduled Booking Time to recur either weekly, bi-weekly, tri-weekly or monthly as available on the Platform;
“Scheduled Booking Time” means the time and date the Booked Services are to be undertaken by the Independent Home Services Contractor in accordance with the Booking Request;
“Services” means business support services including but not limited to the development, servicing, management and operation of the Platform, marketing, new client acquisition, branding quality of service through HurraHome Approval, third party facilitation of agreements, invoicing between the Independent Home Services Contractor and its clients, payment services, and coordination of logistics for delivery of Home Services;
“Site Content” means all material, content and information made available on the Platform including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“You”, “Your” means you as the user of the Platform.
Headings are for convenience only and do not affect its interpretation or construction;
The singular includes the plural and vice versa;
References to recitals, clauses, sub-clauses, paragraphs, annexures or schedules are references to recitals, clauses, sub-clauses, paragraphs, annexures and schedules of or to these Terms and Conditions;
Words importing a gender include other genders;
The word “person” means a natural person and any association, body or entity whether incorporated or not;
Where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
A reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
All monetary amounts are in Canadian currency;
A reference to time refers to Eastern Standard Time;
“includes” is not a word of limitation;
No rule of construction applies to the disadvantage of a party because these Terms and Conditions are prepared by (or on behalf of) that party;
A reference to any thing is a reference to the whole and each part of it;
A reference to a group of persons is a reference to all of them collectively and to each of them individually; and
A reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
Access to and use of Platform is governed by these Terms and Conditions.
HurraHome periodically reviews the Terms and Conditions and reserves the right to change the Terms and Conditions, without any notice to you, by updating this document. You should review this document, as available on the Platform, regularly as any changes to the Terms and Conditions take immediate effect from the date of the publication on this document. Your continued use of the Platform after any such changes are made will be deemed to constitute your acceptance of those changes.
You acknowledge that any hyperlinks or other redirection tools taking you to other websites operated by third parties that appear on the Platform (“Third Party Sites”) are not controlled by HurraHome and do not form part of the Platform. You agree that you will not hold HurraHome liable or in any way accountable for anything that occurs on any Third Party Site.
In order to use the Platform and either make a Booking Request or become a HurraHome Approved independent home services contractor, you must first agree to the Terms and Conditions.
You accept the Terms and Conditions by:
Creating a user account (as defined below) on the Platform; and
Click to accept/agree to the Terms and Conditions.
To create a user account, you are required to fill in HurraHome’s online form(s) and submit the form(s) by clicking on the corresponding button after acknowledging your agreement to the Terms and Conditions.
Notwithstanding Section 3.2, you may not accept the Terms and Conditions or access the Platform if:
You are not of legal age to form a binding contract with HurraHome; or
You are a person barred from entering into contracts under legislation.
By accepting the Terms and Conditions, you agree that this is a clear and unequivocal proof that Terms and Conditions are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms and Conditions. If you do not understand any part of these Terms and Conditions you should seek independent legal advice.
By creating a user account, you acknowledge that the information provided is true and that you will update such information to ensure that your user account is constantly up to date. A user account can be updated simply by logging in to your account and amending your submitted information as may be required.
You will be required to submit some personal information, including your name, address, phone number, and payment details on the Platform in order to make a Booking Request or become a HurraHome Approved independent home services contractor.
You will create a username and password which are linked to your user account. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Platform by anyone using your username and password and any payments due or received for the Booked Services acquired or provided through the Platform by anyone using your username and password. You should notify HurraHome of any breach of security of your username and password immediately.
Your user profile is personal to you and is not transferable to third parties. You must only create one user account on the Platform. Multiple accounts will be deleted. HurraHome reserves the right in its sole discretion to delete any user account it believes to be duplicative and to block any user from any further use of the Platform.
To make a Booking Request or seek HurraHome Approval, you must visit the Platform and login to your user account. You will receive a confirmation email from HurraHome after successfully making your request.
When offering and assigning Booking Requests to Independent Home Services Contractors, HurraHome will make an End User Client’s contact details, Booked Services Location, Scheduled Booking Time, and other notes available to the most suitable Independent Home Services Contractors able to deliver the Booked Services. By making a Booking Request, you hereby consent to the disclosure of such information.
Both the End User Client and the Independent Home Services Contractor will have their preferences taken into consideration when facilitating Booking Requests. However, HurraHome cannot guarantee all preferences will match perfectly.
When an offered Booking Request is accepted by an Independent Home Services Contractor, HurraHome will send both the Independent Home Services Contractor and the End User Client a confirmation email containing the Independent Home Services Agreement that constitutes the relationship between you and the other Party for the provision of the Booked Services.
HurraHome will not be involved in the provision of the Booked Services in any way aside from invoicing the End User Client on behalf and in the name of the Independent Home Services Contractor. All End User Client Fees will be handled by the Payment Agent.
You are not permitted to engage the other party other than through the Platform unless expressly for already scheduled future Booked Services. Your failure to adhere to this provision could, at a minimum, result in your user account being suspended indefinitely.
You confirm that you are at least 18 years of age and possess the legal authority to use the Platform in accordance with these Terms and Conditions. You also agree that all information supplied by you in using the Platform will be true and accurate at all times.
Any speculative, false or fraudulent Booking Request or application for HurraHome Approval is prohibited. You agree that the Platform will only be used to make legitimate Booking Requests or applications for HurraHome Approval for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Platform may result in you being denied access to the Platform.
HurraHome has the right at any time to add, change or withdraw functions available on the Platform at its own discretion.
You are prohibited from advertising on the Platform.
As an End User Client, you understand and agree that at the time of the Booking Request, your payment details will be securely transferred to the Payment Agent for future processing.
As an End User Client, you understand and agree that upon the successful completion of the Booked Services, HurraHome, on behalf and in the name of the Independent Home Services Contractor will issue you an invoice. Once issued, you agree to the automatic processing of payment of applicable End User Client Fees by the Payment Agent.
On receipt of the Cleaning Fee and Cleaning Product Fee, the Payment Agent will hold such fees on behalf of the Independent Home Services Contractor until such time as they are remitted to the Independent Home Services Contractor, refunded to you (if you are entitled to a refund) or transferred to HurraHome in payment of HurraHome's fees. No interest will be payable by HurraHome to you or the Independent Home Services Contractors on amounts held by the Payment Agent.
HurraHome operates and manages the Platform as a third party facilitator of Home Services and provides you with the ability to receive or provide Home Services.
HurraHome is not an agent or broker for you. You enter into any transaction with the other Party entirely at your own risk as per the terms of the Independent Home Services Agreement.
HurraHome uses its best efforts to monitor the Home Services offered by the Independent Home Services Contractors. Any issues regarding safety, quality, condition or description should be notified to HurraHome, who will then pass the issue onto the other Party designated in the Booking Request. You should refer to the Independent Home Services Agreement for further information.
The Parties acknowledge that the Independent Home Services Contractor is neither an employee of the End User Client nor HurraHome, but rather an independent contractor in the business of providing Home Services to residents of households. The End User Client purchases, and therefore contracts, Home Services from the Independent Home Services Contractor.
You can post ratings on the Platform following the completion of the Booked Services (“Ratings”).
Ratings must be based on demonstrable facts. They must be written fairly and objectively and must not contain any content which is offensive or abusive, liable to criminal prosecution or otherwise unlawful (e.g., content which infringes third parties’ intellectual property rights). Ratings which violate this clause will not be published or will be deleted. Ratings will identify the first name and last initial of the person that has posted the Rating.
By submitting a Rating, you grant HurraHome, free of charge, the usage rights to the text of the Rating without any territorial or time limitation.
HurraHome will have the right to deal with the Rating in any manner it sees fit, including using it for further rating services, passing it on to third parties or publishing it.
Unjustified multiple Ratings, self-Ratings and other forms of Rating which attempt to have a distorting influence on the rating system are prohibited.
HurraHome may at its discretion terminate your use of, or access to, the Platform at any time. If this happens HurraHome may notify you by email. If your use of the Platform is terminated:
You are no longer authorized to access the Platform or use any other HurraHome services with the email address you used to create your account or any other email address you possess;
You will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and
All licences granted by you and all disclaimers by HurraHome and limitations of HurraHome’s liability set out in the Terms and Conditions or elsewhere on the Platform will survive termination.
You may terminate this agreement by contacting HurraHome. HurraHome will then disable your user account within fourteen (14) days of receipt of your email:
HurraHome reserves the right to deduct any outstanding fees and charges owing prior to disabling your user account.
The Site Content is protected by copyright and HurraHome reserves all Intellectual Property which may subsist in the Site Content and/or the Platform.
By accepting these Terms and Conditions, you are granted a non-exclusive licence to:
View the Platform;
Print pages from the Platform in its original form; and
Download any material from the Platform for caching purposes only.
You must not, without HurraHome’s prior written consent which may be withheld at its absolute discretion:
Copy, republish, reproduce, duplicate or extract Site Content;
Redistribute, sell, rent or licence any Site Content; or
Edit, modify or vary the Site Content.
You must not use, or cause the Platform to be used, in any way which:
Breaches any clause of the Terms and Conditions;
Infringes HurraHome’s or any third party’s Intellectual Property;
Is fraudulent, illegal or unlawful; or
Causes impairment of the availability or accessibility of the Platform.
You must not use, or cause the Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
Keystroke loggers; or
Any other malicious computer software.
You agree to indemnify HurraHome, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which HurraHome may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms and Conditions.
HurraHome will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Platform.
To the extent permitted by law, HurraHome will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) Home Services.
You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Platform (i.e. Ratings), and that HurraHome does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 13 are reasonable.
The use of the Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
None of HurraHome’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or the Platform.
Any provision of, or the application of any provision of these Terms and Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
Any provision of, or the application of any provision of these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms and Conditions.
These Terms and Conditions are to be construed in accordance with the laws of the Province of Ontario and the Parties hereby attorn to the jurisdiction of the Courts of the Province of Ontario to adjudicate any dispute arising from this agreement.
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