Home Assist.co

Terms of Use

Welcome to Homeassist.co (the “Website”), a website owned by Home Assist Inc. (“HAI” and sometimes referred to as “we”, “us” or “our”). This Website is a service offered by HAI. These terms and conditions constitute an agreement between you and HAI (the “Agreement”).

This Agreement, among other things, describes your access and use of the Website and related services offered by HAIon or through the Website (the “Services”), including various terms, conditions and restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use. This Agreement also limits our liability, limits your remedies against us and disclaims various representations, warranties and assumptions that may ordinarily apply to your access and use of the Website. Please read this Agreement carefully before agreeing to be bound by its various provisions. It is a condition of registration as a member and a condition of your use of the Website that you agree and be bound by this Agreement. By accessing, browsing and/or using this Website, you are signifying your consent to be bound by this Agreement. If you do not agree to be bound by this Agreement, exit the Website.

1. General Disclaimer and Limitation of Liability

Among other things this Website acts as a venue for persons looking to retain the services with respect to certain home improvement and/or renovation projects or services for the home to post job opportunities and for service providers and suppliers to post profiles, portfolios and advertisements for their goods and services. You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk.

HAI makes no representation or warranty of any kind regarding:

(i) the Website;

(ii) the Services; and/or

(iii) any information, content and/or materials available on or through the Website, including, without limitation, catalogues, listings, advertisements, postings, requests for proposals, job requests, project listings, proposals, quotes, testimonials, articles, instructions, specifications, guidelines, summaries, manuals, tips, advice, recommendations, referrals, reviews, and rebuttals (collectively, the “Content”); all of which are provided on an “AS IS” basis and any use thereof or reliance thereon is at your sole risk. HAI thoroughly screens, censors and does our best to verify the accuracy, completeness, safety, legality or usefulness of any Content, as well as keep Content current and up-to-date, however under no circumstances shall HAI have any liability whatsoever with respect to your use of or reliance upon any Content or for Content being removed or otherwise ceasing to be available. You acknowledge and understand that construction, renovation and/or repair requires additional information and knowledge than that provided on the Website and Content and that you should not rely on Content alone with respect to any construction, renovation and/or repair work. You acknowledge and understand that construction and building requirements may vary from one location to another and that you should confirm which laws and other requirements apply to you and any project you may undertake.

HAI expressly disclaims all representations, warranties and conditions relating to the Website, Services, Content, third party and/or any third party website, content, goods, services or materials, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose, continuity, availability, reliability, performance and those arising by statute or otherwise in law or from a course of dealing or usage of trade. HAI does not warrant that this Website will continue to operate, operate without interruptions or that it will be error-free or meet any performance or any other service levels.

Because user authentication on the Internet is difficult, HAI cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of users of this Website, in the event that you have a dispute with one or more users, you release HAI (and its shareholders, directors, employees, agents and representatives) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

HAI is under no legal obligation to control the Content provided by other users which is made available through the Website. HAI does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity, completeness or usefulness of the Content or about the results to be obtained using the Content. The use of the Website, the Services and the Content is at your own risk. Changes are periodically made to the Website, the Services and/or Content and may be made at any time.

This Website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, project listings, catalogues, reviews, feedback, testimonials, recommendations, referrals and rebuttals. You agree that HAI shall have no liability whatsoever for any such third party material, data and/or information or any use, reproduction and/or distribution thereof and/or reliance thereon.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any ad, posting or other content placed by you on the Website.

HAI shall not be responsible for any contracting or procurement decisions, for whatever reason, made with respect to, in conjunction with or in reliance of, any listing, posting or other Content available on or through the Website or obtained and/or provided in conjunction with the Services.

You agree that HAI and any third party mentioned on this Website will not be responsible or liable for any loss or damages whatsoever, including without limitation direct, indirect, incidental, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information, data or Content, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this Website, any Content, or any linked website of a third party (and related third party services and/or content), even if HAI, or such a third party has been advised of the possibility of such damage or loss.

The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy. The limitations of liability and disclaimers in this Agreement also apply to HAI’s licensors and service providers who shall have the benefit thereof.

Without limitation to the generality of the foregoing, in using HAI‘s service, you acknowledge that HAI is not acting as your general contractor, agent, or advisor. It is therefore your sole responsibility to conduct your research, make your investigations and inquiries, select a home service provider and negotiate the terms for any project to be undertaken. You should consult with appropriate experts and/or advisors (such as a lawyer, architect, accountant, financial advisor, urban planner and/or insurance broker). HAI does not recommend or endorse any specific service provider, provide any advice on which service provider to select or on how to select a service provider, verify any individual service provider’s personal credit or legal standing or undertake any form of screening of any service provider which accesses or advertises on this Website or is otherwise mentioned, listed and/or featured on this Website.

Should you have a dispute with any service professional or supplier, you may resolve such dispute with such service professional or supplier directly, or you may contact our Arbitration Team for assistance in the matter, however you hereby agree that HAI has no legal, moral or other obligation to solve or take responsibility for any matter whatsoever in any such dispute, including, without limitation, requiring HAI’s attendance or participation (or that of any HAI shareholder, director, employee, agent and/or representative) in any legal proceeding.

Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages, damages relating to personal injuries or death, damages arising from deliberate or gross fault, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

2. Registration

Access to be listed on our business directory and access and use of any Services is restricted to businesses who have registered through the Website and created an account for the Website (an “Account”). You may only create one Account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s (or relevant Service’s) registration form (such information being referred to as the “Registration Data”) (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) pass a thorough application process including but not limited to, being in good standing with the Better Business Bureau, having been in business for 3 or more years, have proper insurance and workers compensation. The Website and Services may not be accessed and/or used by persons who have previously had their Account terminated by HAI. Any such persons are prohibited from creating a new Account. By creating an Account, you represent and warrant that you have never had an Account which has been terminated by HAI.

HAI is concerned about the safety and privacy of all its users, particularly children. Our services are available only to persons who can form legally binding contracts in the jurisdiction in which they reside or are domiciled. Without limitation to the foregoing, you may neither register for nor use the Website or any Services if you are under the legal age of majority in the state, province or territory in which you reside. You are solely liable for any misstatements and/or misrepresentations in conjunction with the Registration Data or with respect to any postings or listings created and/or posted. HAI may, but is not required to, monitor any posting, listing, pictures, text (including, without limitation, feedback, reviews, rebuttals and/or testimonials), photos, images, sounds, videos, representations, drawings, sketches, plans, blueprints, specifications, information or any other materials (collectively, “Content”) you may create and/or post or submit to the Website, as well as your usage of the Website. Users who post or attempt to post false, fraudulent, misleading, inappropriate, obscene, unlawful, confidential and/or proprietary Content may, at our sole discretion, have their account and/or membership terminated without reimbursement, credits or other compensation for any fees paid.

3. Use

This Website is operated in the province of Nova Scotia, Canada. To the extent you are not a resident of the province of Nova Scotia (Canada), you are solely responsible for ensuring that use of this Website and any Services is lawful in and permitted by the laws of the jurisdiction in which you reside or are domiciled. Your right to access and use the Website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.

You understand that you are solely responsible for ensuring that materials that you post on the Website comply with all applicable laws and this Agreement, regardless of whether such postings are public or private in nature.

You understand and agree that you are personally liable for anything you communicate on the Website, including without limitation, communication of defamatory, libellous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, “Prohibited Content”). You shall not post any Prohibited Content on the Website or use the Website or any Service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content. Without limitation to the foregoing, when posting Content you shall use your best efforts to ensure such Content is truthful, accurate and complete and otherwise complies with the requirements of this Agreement.

You understand and agree that you are personally responsible for complying with any applicable laws and complying (and not infringing) any third party rights, including, without limitation any proprietary rights and trade secrets. Without any limitation to the generality of the foregoing, you shall not post any confidential information nor any information or other materials protected by copyright without the written permission of the copyright owner. By posting any Content, you represent and warrant that: (i) such material is in your lawful possession and can be disclosed, published, republished and communicated without restriction; and (ii) you own the copyright with respect to such Content or that you have received the written permission to post such materials on this Website from the copyright owner. In addition, you grant HAI and users of this Website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such Content and any information, idea or invention encompassed therein or extractible therefrom.

You shall not engage in any conduct which may be illegal or otherwise prohibited. Without any limitation to the generality of the foregoing: (i) you shall not engage in any concerted activity that may be construed as resulting in an “unreasonable restraint of trade”; (ii) you shall not engage in any concerted activity that may be construed as constituting unlawful interference with a party’s economic interests; (iii) you shall not engage in any concerted activity that may be construed as constituting an inducement directed at an entity to breach such entity’s contractual obligations; (iv) you shall not post any financial information, medical information or otherpersonal information about a specific, identifiable individual without such individual’s prior written consent; (v) you shall not attempt to delete or revise postings by any other person, nor will you impersonate any other person.

You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. HAI accepts no responsibility for the opinions, advice, statements and/or information posted on this Website.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Website, any Content and/or Service, whether in whole or in part.

You will not use the Website or any Service for any storage or archival purposes. Content posted or otherwise stored on the Website may be removed and/or deleted at any time at HAI’s sole discretion without any liability to you.

4. User Privacy and Security Policy

Use of this Site is subject to the terms of HAI’s Privacy Policy, accessible at http://www.homeassist.co/privacy-policy. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.

You recognize and agree that although HAI’s security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, HAI shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website and/or any Service.

You must not attempt to violate the security of the Website, including without limitation: (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the operation of the Website and/or the delivery of the Services including, without limitation through means of a virus or flooding or otherwise overloading the Website’s servers, or by any other similar or dissimilar means.

5. Indemnity

To the maximum extent permitted by applicable law, you will indemnify and hold HAI, and its affiliates, officers, agents, or other partners, and employees, harmless from any liability, claim or demand, including reasonable legal fees, due to or arising out of: (i) Content you submit, post, transmit or make available on or through the Website; (ii) your violation of this Agreement; (iii) your dealings with other users of the Website or the Services; (iv) any dispute you may have with any supplier, service professional or other user of the Website; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.

6. Termination or Modification of Service

HAI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) without notice. Likewise, HAI reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Website (or any part thereof) without notice. You agree that HAI shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or of the Website.

7. Suspension of Account

You agree that HAI, in its sole discretion, may at any time suspend your Account or suspend your access to and use of the Website and/or of any Service, in the event it determines, in its sole discretion, that you have breached this Agreement or have otherwise acted inconsistently with the letter or spirit of this Agreement. Any reinstatement of your Account or above mentioned privileges shall be in HAI sole discretion and subject to such conditions or additional requirements as HAI may determine in its sole discretion.

8. Third Party Content and Dealings with Third Parties

Your dealings with any third parties who advertise or post on the Website, or are otherwise accessible through the Website (whether such dealings are through or independent of the Website or any Service), are solely between you and such third party. You agree that HAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

9. Links

This Website contains links to third party websites that are not under the control of HAI. HAI makes no representations whatsoever about any other website to which you may have access through this Website. HAI provides these links merely as a convenience. HAI does not endorse or recommend that you access any such third party websites nor does it make any representation, guarantee or warranty of any sort with respect to any third party website or service, nor any third party associated to any such third party website or servce. HAI shall have no liability whatsoever with respect to your access to and/or use of any such third party website or service, or with respect to any dealings you may have with any such third party or any materials, services and/or information you may receive from such third parties or in conjunction with your dealings with such third parties.

10. Products supplied from outside Nova Scotia

You acknowledge and agree that certain goods and/or services available, discussed, posted, featured and/or advertised on the Website may be supplied by third parties resident and operating outside the province of Nova Scotia and/or may be hosted on computers located outside of the province of Nova Scotia

11. HAI‘s proprietary rights

You acknowledge and agree that the Website and any software provided by HAI or its licensors used in connection with your access and use of the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by intellectual property rights, including, without limitation, copyright, trademark, service mark, patent and/or other proprietary rights. Except as expressly authorized by HAI or its licensors, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or any Service, whether in whole or in part, or otherwise attempt to discover the source code of any of the software available on or through the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and non-commercial use provided that: (i) your account is in good standing and you are in compliance with this Agreement; (ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials; (iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party. The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis. HAI reserves all rights not expressly granted herein.

You hereby grant to HAI a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronise, create compilations of, incorporate into other works, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available to HAI in conjunction with your use of the Website and/or Services (collectively, “Your Posted Content”). You hereby waive any and all moral rights you may have anywhere in the world in Your Posted Content. You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws.

“HOME ASSIST“, “HOMEASSIST.CO” and the Home Assist Logo are trademarks of HAI . Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

HAI reserves the right to monitor any Content and edit submissions by contributors to ensure compliance with this Agreement and any applicable laws. HAI further reserves the right to paraphrase or otherwise edit any Content.

HAI reserves the right to deny requests to remove any Content from the Website, including, without limitation, a member’s profile information. HAI reserves the right to remove, redact, disclaim or qualify any Content (including, without limitation, Content posted by or relating to you) from the Website without notice or liability.

12. Governing Law and jurisdiction

You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Nova Scotia, Canada. You agree that this Agreement and any dispute relating to this Agreement shall be governed in accordance with the laws of the Province of Nova Scotia, Canada without reference or application of principles and rules of conflict of laws. You expressly agree and consent to the exclusive forum, jurisdiction and venue of the courts of the Province of Nova Scotia, Canada in any and all actions, disputes, or controversies relating to this .

13. Language

The parties have requested that this Agreement and all documents contemplated hereby only be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient seulement rédigés en anglais.

14. Changes to this Agreement

HAI may from time to time (and in its sole discretion) make changes to this Agreement by posting a notice on the following webpage: http://www.homeasst.co/terms-of-use. Please review such webpage periodically to determine whether the last version of this Agreement which you have reviewed is still the most current version of the Agreement that binds you. Your continued use of the Website, Content and/or any Service shall constitute your acceptance to any modification to this Agreement. You may not make any changes to this Agreement.

If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.