The purpose of the site is to provide a simple way for homeowners (registered users) to request on-demand snow shovelling and lawn mowing services from MowSnowPro’s, who may or may not be licensed, insured or have WCB coverage (Independent Contractors). This will be achieved by matching a user’s service request with the MowSnowPro that is geographically closest to them. The registered users will pay for completed services with the credit card details held on account by our third-party payment provider. Registered users can receive updates from the MowSnowPro while the job is being completed and provide/receive feedback afterwards.
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
By using the Site You understand and acknowledge that We provide a third-party marketplace that connects you with our Independent Contractors and that they are not employees of MowSnowPros. As a part of our MowSnowPro’s network, we require our Independent Contractor’s to provide a legendary level of service to our User’s. They are expected to always be professional, respectful and honest, while completing Services to the best of their ability. Independent Contractor’s are not required to be licensed, insured or have WCB coverage and We are in no way responsible or liable if they do not. Independent Contractors are not our employees and therefore shall not represent themselves as such. They are responsible for delivering services to the User through their own means and you understand that we do not have control over the work they complete or any oversights in the service they provide.
The rating system is intended to control the quality of service that is provided by Independent Contractors and the accuracy of property description provided by Users to ensure a fair price is being offered for services rendered. Based on these ratings, We reserve the right to remove Independent Contractors from the Site that are not meeting the expected quality of service that We are committed to providing and to remove Users from the Site that are not providing an accurate representation of their property.
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to MowSnowPros will always be accurate, correct and up to date.
Unless you have been specifically permitted to do so in a separate agreement with MowSnowPros, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any MowSnowPros products and services for any purpose.
Suggested bid rates for Independent Contractor Services are provided in the Site, and will differ depending on what property description you provide, however it is up to your sole discretion to set a fair and reasonable price that you are willing to pay for the Service. Payment and applicable taxes will be taken from you upon Independent Contractor job completion by our third-party provider and will be paid to the Independent Contractor. Any contract for the services provided is between you and the Independent Contractor and does not include us. Independent Contractors follow the guidelines we have provided on the Site for amount of snow, proper handling of ice, service timing, property damage and use of vehicles.
The User will have the ability to cancel a request for service up until the point an Independent Contractor accepts their request and has committed to providing the Service. After this point, the User will be unable to revoke their request and will be held liable to pay the fee that was agreed upon when they made the request. If the Service has not been provided by the Independent Contractor within two (2) hours of them accepting the Users request, they will receive a 0 star rating and the request will be released once again to the next closest Independent Contractors. The User will have the ability to cancel their request before it is picked up again.
A selected third-party payment processor will be used to receive payment for Independent Contractor Services. Payment must be made through the Site and we are entitled to receive a portion of this payment for providing you with access to the Services. You agree that you are not entitled to give payments outside the functionality of the Site for the Services rendered. Any credit card and payment information that you provide is accurate and you warrant that you are allowed to use the billing method that you have given. You must notify Us if you do not use our payment provider and have instead elected to pay the Independent Contractor outside of our Site.
You may lodge a formal complaint with us by contacting us through the email or phone number provided on the Site should you be dissatisfied with an Independent Contractor. We will do our best to resolves any abusive or unprofessional conduct you witnessed by an Independent Contractor during the provision of Services.
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that MowSnowPros may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at MowSnowPros sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform MowSnowPros when you stop using the Site or any of its features or Contents.
You acknowledge and agree that if MowSnowPros disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
Use of certain links on the Site, including advertisements and promotions, will direct you away from the Site to third party websites. Such third party websites are not under the control of MowSnowPros, and MowSnowPros is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by MowSnowPros of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that MowSnowPros shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
Any third-party content, data or publications made available through the Site are furnished by MowSnowPros on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including restaurants, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of MowSnowPros. MOWSNOWPROS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Site updates. Your personal information will not be released to any third party. The list of Site members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of MowSnowPros for any reason. Any information you may receive from a third party via the Site will be facilitated and sent through MowSnowPros, not through the third party.
Personal information submitted by users to the Site may be employed for the purposes of maintaining the integrity of the Site and its contents, contacting our users when necessary, and improving the quality of service provided by the Site. MowSnowPros servers also collect information specific to how you use the Internet. MowSnowPros servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service. MowSnowPros may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.
MowSnowPros reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Questions or requests with respect to your personal information may be sent via email to [email protected].
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of MowSnowPros or its owner if MowSnowPros is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, and local laws.
You may not create a link to the Site without MowSnowPros’ prior permission, unless such link is to the entry page of the Site and does not portray MowSnowPros or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to [email protected] identifying the intellectual property claimed to have been infringed, the Contents that you claim are infringing your intellectual property, information sufficient to permit us to contact you, a statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law, and a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, MOWSNOWPROS DOES NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
MOWSNOWPROS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOWSNOWPROS, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE; ANY CHANGES WHICH MOWSNOWPROS MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE; YOUR FAILURE TO PROVIDE MOWSNOWPROS WITH ACCURATE INFORMATION; AND YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON MOWSNOWPROS’ LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT MOWSNOWPROS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with MowSnowPros, you may do so by closing your account, where MowSnowPros has made this option available to you.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.