USER ACCESS AND SERVICES AGREEMENT
Last updated: May 25th, 2019
PLEASE REVIEW THIS LEGAL AGREEMENT CAREFULLY. IN PARTICULAR, READ THE MUTUAL ARBITRATION PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION.
OUR SERVICES, PLATFORM, WEBSITE AND APPPLICATION ARE COLLECTIVELY REFERRED TO AS THE “DISHWASHERHERO PLATFORM”.
(2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DISHWASHERHERO, AND;
- THE PLATFORM IS A VENUE FOR COMMUNICATION
- The DishwasherHero platform is a venue for communications that enables the connection between Requesters seeking to obtain services from Professional seeking to provide services. Requesters and Professionals together are referred to as “Users”. Those services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to “Service request”.
- The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the DishwasherHero platform.
DISHWASHEHERO, THROUGH ITS PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS AN STAFF AGENCY, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
BY USING THE DISHWASHERHERO PLATFORM, THE REQUESTER AGREES TO HOLD DISHWASHERHERO FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. DISHWASHERHERO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
- Access and use of the Services constitutes User agreement to be bound by these Terms, which establishes a contractual relationship between User and DishwasherHero. If you do not agree to these Terms, you may not access or use the Services.
PROFESSIONAL AND REQUESTER ACKNOWLEDGE THAT DISHWASHERHERO DOES NOT PROVIDE AGENCY OR LOGISTICS SERVICES OR FUNCTION AS AN AGENCY AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DISHWASHERHERO OR ANY OF ITS AFFILIATES.
- INDEPENDENT CONTRACTOR RELATIONSHIP
- DishwasherHero does not employ Professionals. This Agreement Professional Services are directly between Requesters and Professionals. In providing the Service under this Term of Use, it is expressly agreed that the Professional is acting as an independent contractor and not as an employee of DishwasherHero. Therefore, the Requester is solely responsible for any damages due to its negligence and liable for any injuries occurred at is workplace and to pay any indemnity to Professional. Requester agrees not to claim any damages to DishwasherHero resulting directly or indirectly from injuries to Professional.
- While DishwasherHero supplies Requesters with Professionals who are available to provide Professional Services for Service requests and facilitates these Service requests by supplying a medium for exchange of money between Requesters and Professionals, DishwasherHero does not take part in any of the interaction between Users.
- DishwasherHero does not have control over the quality, timing, legality, or failure to provide Professional Services or any aspect whatsoever of any ratings provided by Users, or of the integrity, responsibility, or any actions of any Users. DishwasherHero makes no representations about the suitability, reliability, or timeliness of the Professional Services provided by Professionals.
- Although DishwasherHero may take all the necessary precaution with background check of all the Professionals, DishwasherHero cannot confirm that each Professional is who they claim to be. When interacting with other Requester should exercise caution and common sense to protect its personal safety and property, just as it would when interacting with other persons whom Requester doesn’t know. Requester is solely responsible for its interactions with other Professionals of DishwasherHero platform and any other parties with whom it interacts through DishwasherHero platform.
NEITHER DISHWASHERHERO NOR ITS AFFILIATES OR THIRD PARTY PROVIDERS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. DISHWASHERHERO AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF DISHWASHERHERO PLATFORM.
- Notwithstanding the foregoing in the event that a Tribunal, Court or any other statutory body finds that the Professional is an employee of DishwasherHero, the parties agree that the Professional will only be entitled to the minimum standards under the Employment Standards Act as amended. The parties also agree that the Professional will not be entitled to any entitlements at common law (beyond statutory entitlements).
- Professional does not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of DishwasherHero. Requester acknowledges that DishwasherHero does not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. Professionals may wear a DishwasherHero badge or other DishwasherHero insignia purely for the purpose of identifying themselves as a Professional contacted through the DishwasherHero platform.
- DishwasherHero is not an employment service and does not serve as an employer of any Professional. As such, DishwasherHero will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, Canada Pension Plan or payroll withholding tax in connection with your use of Professional Services from the IRS or other tax and revenue body in countries where DishwasherHero operates. Requester understands and agrees that if DishwasherHero is found to be liable for any tax or withholding tax in connection with Requester’s use of Professional Services, then Requester will immediately reimburse and pay to DishwasherHero an equivalent amount, including any interest or penalties thereon.
- If DishwasherHero incurs any liability as an employer under this Professional Agreement, which liability DishwasherHero expressly denies, the Professional promises to indemnify and hold DishwasherHero harmless for such liability. More specifically, the Professional agrees to indemnify DishwasherHero from any claims, charges, taxes, penalties or demands which may be made by the IRS, Canada or other country Revenue Agency or other statutory body against it for failure to make statutory deductions from invoices submitted by the Professional, including but not limited to, Income Tax, Workers Compensation, Goods and Services Tax, Employment Insurance and Canada Pension Plan.
- DishwasherHero does not pay a salary or hourly rate but rather facilitates Requester’s payment of the rate set by the Requester.
- The Professional is solely responsible for maintaining its own accounting records and books.
- The Professional shall control its own work schedule in accordance with the terms of this Professional Agreement and shall ensure that the services required under this Professional Agreement are performed in an efficient, productive and effective manner.
- The Professional shall also control the method and manner of performing the services required subject to the terms of this Professional Agreement.
- Professional has the right to perform services for others during the term of this Agreement.
- Professional has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Professional shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
- Professional has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
- Neither Professional nor Professional's employees or contract personnel shall be required to wear any uniforms provided by Requester.
- Neither Professional nor Professional's employees or contract personnel shall receive any training from Requester in the professional skills necessary to perform the services required by this Agreement.
- DishwasherHero does not terminate the work during the term of this Agreement unless the Professional violates the terms of this Agreement or fails to produce a result that meets the specifications of the Agreement.
- DishwasherHero does not dictate the time of performance.
- DishwasherHero does not combine its business operations in any way with the Professional’s business, but instead maintains such operations as separate and distinct. Professional shall have no legal authority to enter into contracts on DishwasherHero’s behalf or otherwise bind DishwasherHero in any way.
- Professional is responsible for obtaining and maintaining any required registration, licenses, or other authorization necessary for the services Professional renders.
- For purposes of New York City Local Law 140 only, to the extent it is deemed to apply, the “value” of the services performed pursuant to this Agreement is equal to the total amount paid by the Requester for each service.
- DishwasherHero checks previous work references and may do the backgrounds checks of Professionals via third party background check services to the extent permitted by applicable law. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as User would when interacting with any person whom you do not know.
- As part of the registration, all Professionals agree to execute a written consent for a background check. Subject to a satisfactory background check and agreement to the terms herein, Professional will be grant access to the DishwasherHero platform. Failure to complete the initial or ongoing background check processes may result in inability to access the DishwasherHero platform or removal from the platform.
- In order to run Professional background check, DishwasherHero will ask Professional for its social security number during the onboarding process. We may also share Professional’s social security number with third party payment vendor, accounting system, in order to verify payments account to ensure the safety of account.
- Requester shall not obtain workers' compensation insurance on behalf of Professional or Professional's employees. If Professional hires employees to perform any work under this Agreement, Professional will cover them with workers' compensation insurance to the extent required by law and provide Requester with a certificate of workers’ compensation insurance before the employees begin the work.
- COMPLIANCE AND RESTRICTIONS
- Subject to User compliance with the Terms, DishwasherHero grants User a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that User own or control and to run such copy of the Application solely for User own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), User will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- The rights granted to User in the Terms are subject to the following restrictions:
(a) User shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit DishwasherHero platform or any portion of DishwasherHero platform, including the Website;
(b) User shall not frame or utilize framing techniques to enclose any trademark, logo, or other DishwasherHero platform (including images, text, page layout or form);
(c) User shall not use any metatags or other “hidden text” using DishwasherHero’s name or trademarks;
(d) User shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of DishwasherHero platform except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) User shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(f) User shall not access DishwasherHero platform in order to build a similar or competitive website, application or service;
(g) except as expressly stated herein, no part of DishwasherHero platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and
(h) User shall not remove or destroy any copyright notices or other proprietary markings contained on or in DishwasherHero platform. Any future release, update or other addition to DishwasherHero platform shall be subject to the Terms. DishwasherHero, affiliates and third party providers reserve all rights not granted in the Terms. Any unauthorized use of DishwasherHero platform terminates the licenses granted by DishwasherHero pursuant to its Terms.
- In order to access certain features of DishwasherHero platform, User may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website or through the Application (“Account”).
- In registering for the Services, User agrees to:
(1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Users represent that he/she is (1) at least eighteen (18+) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using DishwasherHero platform under the laws of the United States or Canada, its place of residence or any other applicable jurisdiction. As a User, he/she is responsible for all activities that occur under its Account. User agrees that it shall monitor its account to restrict use by minors, and User will accept full responsibility for any unauthorized use of DishwasherHero platform by minors. User may not share its account or password with anyone, and User agrees to (1) notify DishwasherHero immediately of any unauthorized use of its password or any other breach of security; and (2) exit from User account at the end of each session. If User provide any information that is untrue, inaccurate, not current or incomplete, or DishwasherHero has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DishwasherHero has the right to suspend or terminate User’s account and refuse any and all current or future use of DishwasherHero platform (or any portion thereof). User agree not to create an account using a false identity or information, or on behalf of someone other than yourself. User agree that he/she shall not have more than one account at any given time. User agree not to create an account or use DishwasherHero platform if User has been previously removed by DishwasherHero, or if User has been previously banned from any of DishwasherHero platform. User agreesto provide a clear headshot of its likeness for its profile.
- The following terms apply to Users who are Requesters. Requester acknowledges and agrees that DishwasherHero does not and cannot guarantee that Professionals will be available to fulfill your Booking Requests. The fee that DishwasherHero will charge for a Booking Request will be listed on the page where Requester submits its Booking Request. DishwasherHero, at its sole discretion, may make promotional offers with different features and different rates to any Requester. These promotional offers, unless made to Requester, shall have no bearing whatsoever on the amount Requester owes to DishwasherHero. If Requester’s Booking Request is for Professional Services on a recurring basis (i.e., weekly or monthly) (a “Recurring Request service”), DishwasherHero will charge at the end of each week period for Professional Services within such week period. If the Booking Request is for Professional Services at a single event (a “Single Service request”), DishwasherHero will charge Requester upon completion of the Single Service request. DishwasherHero will preauthorize and charge Requester credit card for the hours worked by the Professionals requested by Requester, and Requester hereby authorize DishwasherHero to charge its credit card for such amounts. Payments made to DishwasherHero are non-refundable. This no refund policy shall apply at all times regardless of Requester’s decision to terminate its usage, DishwasherHero’s decision to terminate its usage, disruption caused to the DishwasherHero platform either planned, accidental, or intentional, or any other reason whatsoever. DishwasherHero has no obligation to provide refunds or credits, but may grant them in extenuating circumstances in DishwasherHero’s sole discretion, such as to correct any errors made by DishwasherHero. Requester will be liable for all transaction taxes on the Professional Services provided by Professionals (other than taxes based on DishwasherHero’s income).
- The following terms apply to Users who are Professionals: Once a Requester submits a Booking request, DishwasherHero platform run an algorithm that selects the Professionals who will receive notification of a Request Booking and be invited to provide the requested Professional Services. If Professionalis selected by the DishwasherHero to provide Professional Services for a Requester who has requested such services, DishwasherHero will notify Professional by email or text message of the Request service, providing Professional with the date, hours and location of the Service request (the “DishwasherHero Notice”). Professional agrees that it shall notify DishwasherHero within minutes of receipt of the DishwasherHero Notice if he/she is unable to provide the requested Professional Services, and that the Professional failure to respond to the DishwasherHero Notice within such time period shall constitute its acceptance of the Service request. After Professional has indicated its availability to provide Professional Services for a Service request, DishwasherHero will notify Professional whether the Requester has engaged Professionalto provide the Professional Services. Professionalacknowledges and agrees that DishwasherHero does not and cannot guarantee that Professionalwill be selected to provide any Professional Services or that any Requester will engage Professionalto perform Professional Services for which Professionalhas indicated Professionalto be available. Professionalrepresents that he/she has the experience, qualifications and ability to provide Professional Services. Professionalfurther represents that he/she shall use its best efforts to perform the Professional Services for any Service request for which he/she has been selected and which he/she has accepted, such that the results are satisfactory to the Requesters who requested such Service request. For each Service request that Professional performs, DishwasherHero will pay to the Professional the fees specified on profile page. Any payment owed to Professionalshall be made within 30 days after the month in which DishwasherHero received Requester’s payment for Professional’s Professional Services. DishwasherHero has no obligation to pay Professionalfor any Professional Services for which DishwasherHero does not receive payment from the relevant Requester. Professionalacknowledge and agree to comply with the terms and conditions of the DishwasherHero’s Professional Services Agreement. Professionalacknowledges and agrees that DishwasherHero provides the Website and Application for the purposes of connecting Professionals with prospective Requesters and that there is no (i) employment, (ii) part-time employment, (iii) consulting, (iv) Professional, or (v) joint-venture relationship whatsoever between DishwasherHero and Professional.
- The value of the DishwasherHero rests in its thriving marketplace of Requesters and Professionals. It is a violation of the Terms to (a) intentionally avoid the payment of fees by arranging Service request with Professionals outside of the context of the DishwasherHero platform, or (b) for a Professional to knowingly accept a Service request with the intention of delegating the performance of the Professional Services to another security Professional.
- SERVICE REQUESTS, FEES AND PAYMENT CONDITIONS
- DishwasherHero and Professional agree to charge fees and collect payment to Requester for each Service request. Requester agrees to provide DishwasherHero with complete and accurate billing and contact information, including but not limited to, Requester’s legal name, street address, e-mail address, and the name and telephone number of an authorized billing contact. If the contact information you have provided is false or fraudulent, DishwasherHero reserves the right to terminate all access to its platform without any notice.
- Professional and Requester agree that each day of service request is considered to be a non-continuous contract. Therefore, Requester may be billed for each day of services provided.
- All fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. The Requester is the sole responsible for paying all Taxes associated with its service request. Requester is responsible to pay all its taxes to appropriate jurisdiction. However, DishwasherHero has the legal obligation to invoice Requester for those taxes and collect them.
- SOLLICITATION AND HIRE FEES
- If Requester or any its personnel of its director, officer, or employee desires to hire or otherwise directly engage a Professional outside of this Agreement in the twelve (12) months following Requester last contact with that Professional, Requester will notify DishwasherHero and subsequently Requester will be billed and Requester agrees to pay seven hundred and fifty dollars ($750) for such direct hire or other engagement of the Professional.
- If Requester does not notify DishwasherHero within 15 days of engaging the Professional, Requester will be billed and Requester agrees to pay one thousand five hundred dollars ($1,500) for such direct hire. Such direct hire fee shall be charged regardless of whether: (a) Professional contacts Requester or applies to Requester independently or otherwise through a public job posting or other job board; (b) different Requester Personnel are involved in the direct hire of the Professional and previous engagement of the Professional through the site or a mobile application; or (c) Requester notifies Professional of such direct hire or engagement of the Professional. Any hire or engagement of the Professional by Requester set forth above shall be defined as a “Hire” and shall trigger the Direct Hire Fee, including a full time hire, part time hire, independent contractor hire, intern hire, or any other such engagement where Professional receives any compensation from Requester. In addition, “Hire” also shall include any situation where Requester who had contact with Professional through the DishwasherHero Application provides any information regarding Professional to a third party and that third party hires Professional within the twelve (12) month period, in any capacity, whether a full time hire, part time hire, independent contractor hire, intern hire, or any other such engagement or relationship where Professional receives any compensation, directly or indirectly, from Requester and/or the third party.
- Any invoice which remains unpaid after the due date shall bear interest at the rate of 2% per month. If the amount of any late payment charge exceeds the maximum permitted by law, the charge will be reduced to that maximum amount.
- Each User understands and agrees that: The transmission of funds in the manner described herein is not a separate and discrete service that DishwasherHero provides in addition to the Services. DishwasherHero acts as agent of each User and not as a trustee or fiduciary with respect to payments received through DishwasherHero. DishwasherHero will not voluntarily make User’s funds available to its creditors in the event of bankruptcy. Users agree that DishwasherHero has sole discretion over the establishment and maintenance of any Pooled Account.
- Users agree that you will not receive interest or other earnings on the funds that DishwasherHero handles as your agent and places in a Pooled Account. In consideration for your use of DishwasherHero platform, you irrevocably transfer and assign to DishwasherHero any ownership right that you may have in any interest that may accrue on funds held in a Pooled Account. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants DishwasherHero any ownership right to the principal of the funds you maintain with DishwasherHero. In addition to or instead of earning interest on Pooled Accounts, DishwasherHero may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
- Users understand that use of the Services may result in charges to User for the services or goods you receive from a Third Party Provider (“Charges”). After Users have received services or goods obtained through your use of the Service, DishwasherHero will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by DishwasherHero. Users retain the right to request lower Charges from a Third Party Provider for services or goods received by User from such Third Party Provider at the time Users receive such services or goods.
- DishwasherHero will respond accordingly to any request from a Third Party Provider to modify the charges for a particular service or good. All Charges are due immediately and payment will be facilitated by DishwasherHero using the preferred payment method designated in your account, after which DishwasherHero will send you a receipt by email. If the primary account payment method is determined to be expired, invalid or otherwise not able to be charged, the Requester agrees that DishwasherHero may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in User’s Account, if available. As between you and DishwasherHero, DishwasherHero reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DishwasherHero’s sole discretion.
- Any representation by DishwasherHero (on DishwasherHero’s website, in the Application, or in DishwasherHero’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that DishwasherHero provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
- You are not entitled to or eligible for any benefits that DishwasherHero, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because Professional is an independent contractor, DishwasherHero will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. If, notwithstanding the foregoing, you are reclassified as an employee of DishwasherHero, or any affiliate of DishwasherHero (“Affiliate”), by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state or foreign court or agency, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by either the Requester and its parents, subsidiaries, affiliates or related entities or by DishwasherHero, its parents, subsidiaries, affiliates or other related entities.
- Professional are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment of Payments to Professional under this Agreement, and you agree to do so in a timely manner. Professional will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
- To the extent required by the IRS, DishwasherHero will report the Payments paid to you for services rendered as part of DishwasherHero engagements by filing Form 1099-MISC with IRS, T4A for Revenue Canada and respective tax forms for Europe and Australia. Professional consents to electronic delivery of Form 1099-MISC, if such form is required or filed. Professional agrees to indemnify DishwasherHero for the cost of any tax liabilities incurred by DishwasherHero as a result of its failure to pay all applicable taxes in a timely manner.
- Professional acknowledges that he/she is an independent contractor, not an employee of DishwasherHero. As such, Professional acknowledges and understands that he/she is not covered by any insurance that may be provided by DishwasherHero to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance. DishwasherHero requires that, as an independent contractor, Professional maintains workers’ compensation or occupational accident insurance for which Professional is solely and exclusively responsible for. Specifically, in the event that Professional is injured while working in the course and scope of an engagement for DishwasherHero, Professional acknowledges and understands that he/she will not be covered by any workers compensation insurance coverage that DishwasherHero may provide to its employees. Further, in the event that your actions cause an injury to a third party while Professional is working in the course and scope of performing a DishwasherHero Engagement or the Services, Professional acknowledges and understands that he/she will not be covered by any general liability or automobile liability insurance coverage that DishwasherHero may have, and that DishwasherHero is not making any commitment to defend and/or indemnify Professional in such circumstances, and specifically denies such obligation. If Professional do not provide proof of workers’ compensation or occupational accident insurance, Professional will be charged a Trust and Safety Fee that will be paid towards DishwasherHero’s supplemental occupational accident insurance.By agreeing to these Terms, Professional is agreeing to pay this fee.
- This Agreement shall continue in full force and effect until such time as it is terminated by Professional or by DishwasherHero. To the extent permitted by applicable law, DishwasherHero may terminates this Agreement or terminate or suspend Professional right to use the DishwasherHero platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the DishwasherHero platform, or if we otherwise find that Professional has engaged in inappropriate and/or offensive behaviour (collectively, “Prohibited Conduct”)) by providing Professional with written or email notice of such termination to the physical or email address Professional has provided to DishwasherHero, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend Professional’s right to use the DishwasherHero platform due to any Prohibited Conduct, DishwasherHero will refund in full any payments for Professional Services that have not been performed or completed. If DishwasherHero terminates or suspends its account for any reason, Professional is prohibited from registering and creating a new account under its name or email address, a fake or borrowed name, or the name of any third party, even if Professional may be acting on behalf of the third party. In addition to terminating or suspending its account, DishwasherHero reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating Professional’s account, DishwasherHero may delete the account and all the information in it. Professional has no ownership rights to its account.
- Professional may terminate this Agreement by completely and permanently ceasing to use the DishwasherHero platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account Professional has opened on the DishwasherHero platform. If Professional attempts to terminate this Agreement while there are still outstanding Professional Services ordered under Professional password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise cancelled as permitted by DishwasherHero.
- DishwasherHero’s cancellation for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the DishwasherHero platform at any time, subject to the following. If a Requester cancels more than 48 hours before a scheduled Professional Service appointment, the cancellation fee is $25. If a Requester cancels between in less than 48 hours before a scheduled Professional Service appointment, the Requester will be charged a cancellation fee of $25. If the Requester cancels on the same day of the Booking, the Requester will be charged for a minimum of four (4) hours for each Professional requested and applicable fees may be applied. A Professional Service appointment may be cancelled through the DishwasherHero platform.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, the DishwasherHero platform generally notifies the Requester and makes the Requester’s Professional Service request available for another Professional to select. However, DishwasherHero cannot guarantee that a cancelled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Because DishwasherHero is not involved in the present Agreement between Professionals and Requesters or in the completion of a Service request, in the event of a dispute with one or more Users, Professional and Requester hereby release DishwasherHero, its affiliates, and third party providers (and our officers, directors, agents, investors, 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, arising out of or in any way connected with such disputes. DishwasherHero reserves the right, but has no obligation, to intercede in any disputes between Users.
- DishwasherHero platform and the information and content available on DishwasherHero’s platform are protected by copyright laws throughout the world. Subject to the Terms, DishwasherHero grants you a limited license to reproduce portions of DishwasherHero platform for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by DishwasherHero in a separate license, your right to use any DishwasherHero platform is subject to the Terms.
- Users acknowledge that all information, data, text, images and/or other materials accessible through the DishwasherHero platform is the sole responsibility of the party from whom such Content originated. This means that you, and not DishwasherHero, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through DishwasherHero platform, and other Users of DishwasherHero platform, and not DishwasherHero, are similarly responsible for all content they Make Available through DishwasherHero platform.
- DishwasherHero’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with DishwasherHero platform are the trademarks of DishwasherHero and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in DishwasherHero platform are the property of their respective owners.
- Notwithstanding anything to the contrary herein, User acknowledges and agrees that he/she shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of DishwasherHero.
- The Services may in the future host Requester reviews or ratings of Professionals, which are user generated content. Such reviews or ratings are Requester opinions, are not the opinion of DishwasherHero, and have not been verified by DishwasherHero. Professional agrees that DishwasherHero is not liable for any reviews or ratings.
- The Services may not be used to solicit for any other business, website or services. Professional may not solicit, advertise for, or contact in any form Requester for employment, contracting, or any other purpose not related to the Services facilitated through DishwasherHero platform. Professional may not use the Services to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of DishwasherHero.
- Users acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which User received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and DishwasherHero and not with the App Store. DishwasherHero, not the App Store, is solely responsible for DishwasherHero platform, including the Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, User must have access to a wireless network, and agrees to pay all fees associated with such access. Users also agrees to pay all fees (if any) charged by the App Store in connection with DishwasherHero platform, including the Application. Professional agrees to comply with, and your license to use the Application is conditioned upon User compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using DishwasherHero platform, including the Application. Users acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
- DISCLAIMERS AND LIMITATION OF LIABILITY
- Users agree to indemnify and hold DishwasherHero, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “DishwasherHero Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Users Content; (b) Users use of, or inability to use, DishwasherHero platform or Professional Services; (c) Users violation of the Terms; (d) Users violation of any rights of another party, including any Users; (e) Users violation of any applicable laws, rules or regulations; or (f) if User is a Professional, its performance of Professional Services. DishwasherHero reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event you will fully cooperate with DishwasherHero in asserting any available defense. User agrees that the provisions in this section will survive any termination of its Account, the Terms or Users access to DishwasherHero platform.
- USER EXPRESSLY UNDERSTANDS AND AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ITS USE OF DISHWASHERHERO PLATFORM IS AT USER SOLE RISK, AND DISHWASHERHERO PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DISHWASHERHERO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DISHWASHERHERO PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) DISHWASHERHERO PLATFORM WILL MEET YOUR REQUIREMENTS; (2) THE USE OF DISHWASHERHERO PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE QUALITY OF THE PROFESSIONAL SERVICES OBTAINED BY REQUESTER THROUGH THE SERVICE WILL MEET REQUESTER’S REQUIREMENTS OR EXPECTATIONS. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DISHWASHERHERO MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- USERS ACKNOWLEDGE AND AGREE THAT THE DISHWASHERHERO PARTIES ARE NOT LIABLE, AND AGREE NOT TO SEEK TO HOLD THE DISHWASHERHERO PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS, AND THAT THE RISK OF ANY INJURY RESTS ENTIRELY WITH YOU. USERS ARE SOLELY RESPONSIBLE FOR ALL OF ITS COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DISHWASHERHERO PLATFORM. USERS UNDERSTAND THAT DISHWASHERHERO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF DISHWASHERHERO PLATFORM DISHWASHERHERO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF PROFESSIONAL SERVICES BY PROFESSIONALS. USERS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM.
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DISHWASHERHERO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DISHWASHERHERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DISHWASHERHERO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. USERS AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. USERS UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DISHWASHERHERO PARTIES BE LIABLE FOR ANY LOSS OF USE, DATA, OR PROFITS, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH DISHWASHERHERO PLATFORM, WHETHER OR NOT DISHWASHERHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF DISHWASHERHERO PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE DISHWASHERHERO PLATFORM OR PROFESSIONAL SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PROFESSIONAL SERVICES IF YOU ARE UNABLE TO SECURE PROFESSIONAL SERVICES THROUGH THE DISHWASHERHERO PLATFORM; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DISHWASHERHERO PLATFORM; (5) THE PERFORMANCE OF PROFESSIONAL SERVICES BY PROFESSIONALS, OR OTHERWISE ARISING OUT OF OR RELATED TO SERVICE REQUEST; OR (6) ANY OTHER MATTER RELATED TO DISHWASHERHERO PLATFORM, PROFESSIONAL SERVICES, OR SERVICE REQUESTS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
- DishwasherHero may terminate or suspend User’s right to use DishwasherHero platform at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed accounts or accounts that have been inactive for a long time, or modify or discontinue our Services. Without limitation, DishwasherHero may terminate or suspend User’s right to use DishwasherHero platform if User breaches any provision of the Terms or any policy of DishwasherHero posted through DishwasherHero platform from time to time; if DishwasherHero otherwise finds that Professional has engaged in inappropriate and/or offensive behaviour; if DishwasherHero believes User is creating problems or possible legal liabilities; if DishwasherHero believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if DishwasherHero believes Users are infringing the rights of third parties; if DishwasherHero believes User is acting inconsistently with the spirit of these Terms; if despite our reasonable endeavours, DishwasherHero is unable to verify or authenticate any information User provide; or if you fail to pay all fees due for our Services by the payment due date. In addition to terminating or suspending User’s account, DishwasherHero reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after User’s right to use the Services is terminated or suspended, these Terms will remain enforceable against User.
- If User’s registration(s) with or ability to access DishwasherHero platform, or any other DishwasherHero community is discontinued by DishwasherHero due to User’s violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then User agrees that it shall not attempt to re-register with or access DishwasherHero platform or any DishwasherHero community through use of a different user name or otherwise, and User acknowledges that it will not be entitled to receive a refund for fees related to those DishwasherHero platform to which your access has been terminated. In the event that User violate the immediately preceding sentence, DishwasherHero reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to User.
- You hereby release DishwasherHero Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of DishwasherHero platform or any Service request or Professional Services arranged in accordance with these Terms, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms, your use of DishwasherHero platform, or any Service requests or Professional Services arranged pursuant to these Terms. The Requester knowingly agrees to waive his unilateral right of termination.
- The Terms, and User’s rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DishwasherHero’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. You may not assign these Terms without DishwasherHero’s prior written approval. DishwasherHero may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DishwasherHero’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, DishwasherHero or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DishwasherHero’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DishwasherHero in writing.
- DishwasherHero shall not be liable for any delay or failure to perform any Services resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. DishwasherHero shall not be liable for any delay or failure by Professionals to perform Professional Services requested by Requesters.
- If you have any questions, complaints or claims with respect to DishwasherHero platform, please contact us at: DISHWASHERHERO INC. at 4, Notre-Dame East, Suite 803, Montreal (Quebec) H2Y 1B8, Attn: Customer Service, calling (888) 601-1615, or emailing at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- GOVERNING LAW AND JURISDICTIONS
- The validity of these governing law clauses is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Except as otherwise set forth in these Terms, this Agreement or any claim, cause of action or dispute arising out of or related to this Agreement shall be exclusively governed and construed in accordance with the laws of the state of in which the User resides regardless of the country of origin or where the User access the DishwasherHero platform, and notwithstanding any conflicts of law principles.
- The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to mediation proceedings.
- The terms and any action related thereto will be governed and interpreted by and under the laws of the Province of Quebec, without giving effect to any principles that provide for the application of the law of another jurisdiction. The exclusive venue and jurisdiction for any and all disputes, claims, and controversies arising from or relating to these Terms shall exclusively the Cour du Québec located in the district of Montreal, Quebec.
- USERS AND DISHWASHERHERO AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, DISHWASHERHERO PLATFORM, CONTENT, OR ANY SERVICE REQUESTS OR PROFESSIONAL SERVICES, MUST COMMENCE WITHIN (90) NINETY DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- MUTUAL ARBITRATION PROVISIONS
- To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and DishwasherHero, including without limitation any dispute or claim related to or arising out of this Agreement, you and DishwasherHero may attempt to negotiate any Dispute informally before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to DishwasherHero. DishwasherHero’s address for such notices is: and/or by mail to DishwasherHero Inc., Attn: Legal, 4, Notre-Dame East, Suite 803, Montreal (Quebec) H2Y 1B8.
- If a Dispute is not resolved through Informal Negotiations, you and DishwasherHero agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration.
- You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services will be settled by binding arbitration between you and DishwasherHero, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Professional acknowledges and agrees that he/she and DishwasherHero are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and DishwasherHero otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by Institut de mediation et d’arbitrage du Québec (IMAQ). The Institut will govern the interpretation and enforcement of this Section. The language of the mediation and/or arbitration shall be French, unless you do not speak French, in which case the mediation and/or arbitration shall be conducted in both French and English.
- The arbitrator will render an award within the time frame. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. DishwasherHero will not seek, and hereby waives all rights DishwasherHero may have under applicable law to recover, attorneys’ fees and expenses if DishwasherHero prevail in arbitration.
- WAIVE OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
- Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Professional and DishwasherHero agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of Professional or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- To fullest extent permitted by applicable law, Professional and DishwasherHero agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action.
- A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defense, and any dispute in this regard shall be decided by the arbitrator.
- GENERAL PROVISIONS AND MISCELLANEOUS
- Where DishwasherHero requires User to provide an e-mail address, you are responsible for providing DishwasherHero with your most current e-mail address. In the event that the last e-mail address User provided to DishwasherHero is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, DishwasherHero’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. User may give notices to DishwasherHero at the following address: DISHWASHERHERO INC., 4, Notre-Dame East, Suite 803, Montreal (Quebec) H2Y 1B8. Such notice shall be deemed given when received by DishwasherHero by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
- No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and DishwasherHero with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
- Users agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. User agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: User’s address for such notices is your email address and/or physical address that you have provided to DishwasherHero.
- This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by DishwasherHero, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. DishwasherHero shall have no liability to User’s for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond DishwasherHero’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
- We reserve the right, at DishwasherHero’s sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to User or cause User to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the DishwasherHero platform. User’s continued use of the DishwasherHero platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
- If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Accessing and Download the Application from iTunes.The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: User acknowledges and agrees that (i) the Terms are concluded between User and DishwasherHero only, and not Apple, and (ii) DishwasherHero, not Apple, is solely responsible for the App Store Sourced Application and content thereof. User’s use of the App Store Sourced Application must comply with the App Store Terms of Service. Users acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between DishwasherHero and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DishwasherHero.
- User and DishwasherHero acknowledges that, as between DishwasherHero and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Users and DishwasherHero acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between DishwasherHero and Apple, DishwasherHero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. User and DishwasherHero acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Terms, Users must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
- The parties have requested and agree that this Agreement 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 soient rédigés en anglais.
- If you have any questions regarding this Agreement, please contact us at or by mail at the below address:
4 Notre-Dame East, Suite 803
Canada, H2Y 1B8
End of Terms