Terms of Service

Terms of Service

Introduction and Acceptance of Terms

Welcome to MowSnowPros.

This page sets out the terms and conditions Terms of Use”) on which we, MowSnowPros “we”, “us”, or “MowSnowPros”) provide our services through our website at www.mowsnowpros.com and any mobile or web application through which you access our website or services (together, Site.)

These Terms of Use constitute a legally binding agreement between you and MowSnowPros regarding your use of and access to the Site. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIABILITY LIMITATIONS AND EXCLUSIONS AND A PROVISION RELATING TO THE LAWS GOVERNING THESE TERMS OF USE. By accessing, downloading, or using the Site in any manner, you acknowledge that you have read and assent to these Terms of Use and all of the terms and conditions contained herein. If you do not agree to the Terms of Use, you are not authorized to use or download the Site or otherwise access or rely on any of its contents.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with MowSnowPros, unless otherwise agreed to in writing by MowSnowPros. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

MowSnowPros reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site.

Additional Terms

By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and the Privacy Policy (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy, and any Additional Terms.

Description of Service

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.

Content of the Site

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.

 

Independent Contractors (MowSnowPro’s)

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.

Rating System

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.

Use of the Site by Users and Independent Contractors

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:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
    advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of MowSnowPros or any third party;
  • violate the privacy of any individual, including users of the Site; or
  • violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

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.

You agree that you are solely responsible for (and that MowSnowPros has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which MowSnowPros may suffer) of any such breach.

Booking Terms

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.

Cancelling Services

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.

Payments for Services

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.

Issues and Complaints

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.

Provision of the Site by MowSnowPros

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.

Links to Third-Party Sites and Information

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.

Privacy and Personal Information

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.

For more information about MowSnowPros treatment and protection of personal information, please read our privacy policy at www.mowsnowpros.com/Privacy. This policy explains how MowSnowPros treats your personal information, and protects your privacy, when you use the Site.

Questions or requests with respect to your personal information may be sent via email to info@mowsnowpros.com.

Ownership of Intellectual Property Rights

The Site together with all MowSnowPros trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of MowSnowPros, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with MowSnowPros, nothing in these Terms of Use gives you a right to use any of the Contents, MowSnowPros’ trade-marks or other intellectual property of MowSnowPros. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of MowSnowPros or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

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.

The limited rights granted to you under these Terms of Use may be revoked by MowSnowPros at any time for any reason whatsoever.

Intellectual Property Infringement

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 info@mowsnowpros.com 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.

No Warranty

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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOWSNOWPROS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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.

Limitation of Liability

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.

Termination

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.

MowSnowPros may at any time, terminate your use of the Site if: you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use); MowSnowPros is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful); the partner with whom MowSnowPros offered the services to you has terminated its relationship with MowSnowPros or ceased to offer the services to you; MowSnowPros is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or the provision of the Site to you by MowSnowPros is, in MowSnowPros’ opinion, no longer commercially viable. When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and MowSnowPros have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

Indemnification

You agree to indemnify, defend, and hold harmless MowSnowPros and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

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.

General

You agree that MowSnowPros may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if MowSnowPros does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which MowSnowPros has the benefit of under any applicable law), this will not be taken to be a formal waiver of MowSnowPros’ rights and that those rights or remedies will still be available to MowSnowPros.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of British Columbia and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

To request the consent of MowSnowPros for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to info@mowsnowpros.com. MowSnowPros reserves the right to refuse any such requests in its sole discretion.