Last updated : September 02 2021
If you do not agree to be bound by this Agreement, you will not have any right to use the ProAssistance Platform. ProAssistance’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
1. Eligibility to Use and License
Eligibility for Use of the ProAssistance Platform.
By using the ProAssistance Platform, you represent and warrant that:
- all registrations and other information you submit, if any, is truthful and accurate;
- you will maintain the accuracy of any information you provide;
- you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
- you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- this Agreement constitutes legal, valid and binding obligations of the User, enforceable against it in accordance with its terms;
- you are the sole and exclusive owner of the User Content (as defined below) that you make available on or through the ProAssistance Platform and that you have all rights, title and interest, licenses and consents necessary to grant ProAssistance the rights in such User Content as contemplated herein, and neither the User Content nor your posting, downloading, submission or transmission of any User Content or the use by ProAssistance of the User Content or any part of User Content as contemplated herein will infringe any third party intellectual property rights such as copyrights, trademarks, trade secrets, moral rights or other intellectual property rights nor will result in the violation of any applicable law or regulation; and
- your use of any aspect of the ProAssistance Platform does not violate any applicable law or regulation.
- The use of the ProAssistance Platform is only available to residents of the Province of Quebec and the Province of Ontario. Home Service Providers may only render Home Services (as described below) to Requestors in the province in which they reside. Eligibility based on territorial requirements will be processed by the ProAssistance Platform through verification of the User’s postal code provided during the account opening process.
- Registration of Home Service Providers on the ProAssistance Platform can be done by natural persons, sole proprietorships or for any other legal entity (through a duly authorized representative of such legal entity). In the case where a Home Service Provider’s account is created for a legal entity, you represent and warrant that (i) such Home Service Provider is duly incorporated or formed, organized and subsisting under the laws of its jurisdiction or incorporation or formation, and is in good standing under the laws of its jurisdiction of incorporation or formation, (ii) such Home Service Provider has good and sufficient power, authority and right to enter into and perform its obligations under this Agreement and the transactions contemplated by this Agreement, and (iii) the representative of such Home Service Provider who has accepted this Agreement for such Home Service Provider has the legal authority to bind such Home Service Provider and to cause such Home Service Provider to grant all permissions and licenses to ProAssistance under this Agreement and otherwise to perform all of its obligations under this Agreement.
- Registration of a Requestor on the ProAssistance Platform can be done only by natural persons for his/her own account.
- By using the ProAssistance Platform, you represent and warrant that:
User’s Acknowledgment and Acceptance of Terms.
- ProAssistance provides access to the ProAssistance Platform subject to your compliance with this Agreement.
Limited License Granted.
2. The ProAssistance Platform
The ProAssistance Platform is Solely a Venue for Communications.
- the ProAssistance Platform is Solely a Venue for Communications. It enables Users who are seeking assistance with, or the performance of, services (“Requestors”) to be provided by authorized independent third party PLUMBERS, ELECTRICIANS, HVAC TECHNICIANS or PEST EXTERMINATORS (with others to be added in ProAssistance’s sole discretion from time to time) that are also Users (the “Home Service Providers”) and who accept to complete on-demand maintenance services and tasks applicable to their respective trade, profession and/or technical fields (the “Home Services”), which Home Services are completed at the Requestors’ own place of residence or any other residence for which the Requestor has obtained all necessary rights and permissions to request and cause to be completed such Home Services for the Requestor (in each case, an “Authorized Residence”). The Home Services may include the delivery and/or assembly, installation or repair of furniture, fixtures and/or other items (“Merchandise”), but shall be deemed not to include the Merchandise itself.
- The ProAssistance Platform is currently solely intended to be used for Home Services at an Authorized Residence and not in any commercial or professional environment or premises. Any services rendered by a Home Service Provider in a non-residential environment or on premises which are not an Authorized Residence as mentioned above shall be at the Home Service Provider’s and the Requestor’s own risk and liability. ProAssistance reserves the right to terminate access to the ProAssistance Platform of any User for breaching this restriction, either by requesting or executing services at a location which is not an Authorized Residence.
- Each such Home Services will be provided pursuant to an individual contract, to be entered into each time Home Services are to be provided, between the Home Service Provider providing such Home Services and the Requestor having requested such Home Services through the ProAssistance Platform (each such contract, a “Service Contract”). Each Service Contract will govern the terms and conditions upon which each Home Services are to be provided and performed. ProAssistance is not a party to, and has no obligation under, any such Service Contract, and the terms and conditions thereof are not part of this Agreement.
ProAssistance does not perform Home Services or provide Merchandise.
- The ProAssistance Platform is a communication tool which allows for Home Service Providers and Requestors to arrange for HOME ServiceS to be performed by a Home Service Provider for the benefit of a RequestOr in accordance with a Service Contract. PROASSISTANCE, THROUGH THE PROASSISTANCE PLATFORM, OFFERS INFORMATION AND A METHOD FOR REQUESTORS TO COMMUNICATE IN ORDER TO OBTAIN HOME SERVICES AND/OR MERCHANDISE FROM THE HOME SERVICE PROVIDERS, BUT DOES NOT AND DOES NOT INTEND TO ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR TO OFFER, PROVIDE OR PERFORM SERVICES (INCLUDING, WITHOUT LIMITATION, HOME SERVICES) OR MERCHANDISE. RequestOrs will contract directly with the selected Home Service Providers and independently from ProAssistance PURSUANT TO A SERVICE CONTRACT. We are not responsible for the performance of THE Home Services, nor do we have control over the quality, timing, provision or failure to provide THE HOME SERVICES.
- BY USING THE PROASSISTANCE PLATFORM, THE REQUESTOR AGREES TO HOLD PROASSISTANCE HARMLESS FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE HOME SERVICES. PROASSISTANCE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL NOT BE LIABLE FOR ANY CLAIM ARISING IN CONNECTION WITH ANY HOME SERVICES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.
- ProAssistance checks the backgrounds of Home Service Providers via third party background check services. However, each Requestor should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know.
Enrollment for Use of the ProAssistance Platform.
- Some of the materials available on the ProAssistance Platform may require prior registration to access them. If you decide to access such materials you will be required to have a valid account and password, which you will be able to obtain by signing up and registering on the Apps. As part of the registration, you will need to select an acceptable user name in order to use the ProAssistance Platform. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
In exchange for registering, and subject to the limitations set
to use the following features of the ProAssistance Platform:
- Home Service Providers will have the ability to propose the availability of their Home Services through, and Requestors will have the ability to book such Home Services through, the ProAssistance Platform;
- Requestors will have access to information about Home Service Providers including, without limitation, a description of the Home Services that they are willing to provide to Requestors;
- The ProAssistance Platform will provide to a Requestor of Home Services, and to the Home Service Provider who accepts to provide such Home Services, with the Job Rate (as defined below) as well as the Dispatch and Handling Fee (as defined below) applicable to such Home Services;
- Home Service Providers will be able to invoice the Home Services and any Merchandise used in the provision of their Home Services through the ProAssistance Platform;
- Requestors will be able to use the ProAssistance Platform to make payments for Home Services and Merchandise; and
- Requestors will have the ability to provide comments and feedback (e.g., ratings) on a Home Service Provider’s performance of the Home Services, and Home Service Providers will have the ability to provide comments and feedback (e.g., ratings) on a Requestor’s behavior and collaboration in respect of the Home Services requested by such Requestor, as the case may be, the whole as more fully described in Section 4 below.
- When you complete a registration with us, you will be required to provide certain personal information. Such information may be visible to other Users of the ProAssistance Platform and you agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required.
Account, Password and Security.
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the ProAssistance Platform.
- You are solely and fully responsible for all activities that occur under your account, except that ProAssistance may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Home Services appointment. You agree not to choose a password that may be easily discovered (e.g. date of birth, phone number, address, postal code, social insurance number, health insurance or driver’s license number) or to make it available on any document or storage platform that makes it readily accessible to others, in which case ProAssistance shall be entitled to presume that a User has contributed to the unauthorized access and activity on your account, if applicable.
- ProAssistance has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or that such password may be known by an unauthorized third-party, or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org. Nothing in this Section shall affect ProAssistance’s rights to limit or terminate the use of the ProAssistance Platform, as provided below in Section 6(b).
- If you are a Home Service Provider with employees, the ProAssistance Platform allows you to give access to your account to some or all of your employees, who will each have their own username and password. However, such employees are not parties to this Agreement and, as party to this Agreement, the Home Service Provider whose employees access and/or use the ProAssistance Platform is solely and fully responsible and liable for all activities of such employees under such Home Service Provider’s account and to ensure that such employees fully comply with the terms of this Agreement. Other terms applicable to your employees’ access to the ProAssistance Platform are set forth in the Provider Service Terms.
Keeping your Information Up to Date
- You are also responsible for updating your account information, including, without limitation, any change to your legal name, email address, telephone number, residential address, province, territory or jurisdiction of residence. Updates to your ProAssistance membership information can be made online by accessing your account. We may request that you confirm or update your personal information or validate its accuracy at any time, and you are responsible for responding to our request. We are not responsible if we cannot contact you because you have not given us current or accurate information or responded to a validation request. ProAssistance may always rely on the accuracy of the ProAssistance membership information provided in your account until otherwise advised by you through an account membership information update made through the ProAssistance Platform, including, without limitation, as to the province, territory or jurisdiction of your residence most recently provided through the ProAssistance Platform.
- A REQUESTOR WILL RECEIVE A SERVICE CONTRACT ATTACHED TO HIS OR HER INVOICE FOR EACH HOME SERVICE PERFORMED FOR SUCH REQUESTOR THROUGH THE EMAIL ADDRESS USED FOR THE REGISTRATION OF HIS OR HER ACCOUNT, WITH THE SERVICE PROVIDER COPIED THERETO. IT IS THEREFORE IMPORTANT THAT SUCH ACCOUNT INFORMATION, INCLUDING YOUR EMAIL ADDRESS, IS ALWAYS KEPT UP TO DATE.
Proof of Identity.
- Each User shall provide us with such proof of identity as we may reasonably request from time to time.
Text Messages and Phone Calls.
- By providing your phone number and using the ProAssistance Platform, you are agreeing that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Home Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the ProAssistance Platform.
- You agree that ProAssistance may send you confirmation and other communications regarding the Home Services. ProAssistance may also send you emails about services that we think might interest you (“Promotional Emails”) if you have provided your consent to receive the same. You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- Our form of communication with you about your account, your use of the ProAssistance Platform and all Home Services related thereto will be by email. By using the ProAssistance Platform to solicit any Home Services, you agree that all communications related to your use of the ProAssistance Platform, the Home Services and any other related information may be provided to you electronically and, unless we choose otherwise, electronically only.
4. Ratings, Reviews and Comments
Rating and Review Process
- Within a certain period following the completion of the Home Services, Home Service Providers and Requestors may leave a public review (“Review”) and complete and submit a star rating (“Rating”) about each other. Ratings and Reviews reflect the individual opinion of Users and do not reflect the opinion of ProAssistance in any way. Ratings and Reviews prepared by Home Service Providers and Requestors must be accurate and may not contain offensive or defamatory language. ProAssistance reserves the right to remove any Review that does not comply with these guidelines and remove or correct any Rating or Review which was indicated by a User as being made by inadvertence or mistake.
Ratings and Review Limitations
- Users are prohibited from manipulating ProAssistance’s Ratings and Reviews system in any way such as, but not limited to, asking a third party to write positive or negative Reviews on another User.
Termination for Breach
- ProAssistance may, in its sole and absolute discretion and without notice, terminate access to a User’s account to a User who has a Rating deemed non-exemplary by ProAssistance. The exemplary nature of a User’s Rating is left to the sole and absolute discretion of ProAssistance.
5. Payments; Satisfaction Guarantee
- Each time Home Services are booked through the ProAssistance Platform, the applicable Requestor and the applicable Home Service Provider will enter into a Service Contract to obtain such Home Services. It will not be possible to finalize the booking of Home Services through the ProAssistance Platform unless the applicable Requestor and the applicable Home Service Provider have accepted the Service Contract through the ProAssistance Platform.
- Upon confirmation by the Home Service Provider of the completion of the Home Services through the ProAssistance Platform, the Requestor will be provided a final invoice for the price and cost of all Home Services and Merchandise, which shall become accessible through the ProAssistance Platform. Except in the circumstances provided in the following paragraph, the Requestor will then confirm acceptance and satisfaction of the Home Services as per the terms of the Service Contract, which shall solely be made through the ProAssistance Platform. The Requestor’s payment to the Home Service Provider will then be handled through the ProAssistance Platform by charging the Requestor’s credit card according to the amount set forth on the invoice. The Requestor hereby authorizes us to charge the credit card on file in the Requestor’s ProAssistance Platform account for such amounts on behalf of the Home Service Provider. We retain the right, in our sole discretion, to place a hold on the Requestor’s credit card for ordered or completed Home Services transaction or to charge nominal amounts to validate the payment processing on the provided credit card.
- Should a Requestor consider that the items charged pursuant to the invoice provided by the Home Service Provider are not compliant with the applicable Service Contract entered into between the Requestor and the Home Service Provider, he or she shall advise the Home Service Provider, who will promptly leave the premises of the Requestor. Both parties shall then contact ProAssistance’s customer service department by telephone at 1-833-946-6776 or by email at email@example.com within 48 hours and shall open a complaint with respect thereof. The Requestors expressly agree that failure to file a complaint within this period will be deemed to be the acceptance by the Requestor of the applicable invoice and will entitle ProAssistance to process the indicated payment on the Requestor’s credit card in the manner set forth in the previous paragraph.
- If the Requestor has agreed with the Home Service Provider to extend or reduce the hours in or to reschedule requested Home Services, the Requestor bears the responsibility for notifying ProAssistance. Requestors must notify ProAssistance either by changing the date or hours of the requested Home Services through the ProAssistance Platform or by contacting firstname.lastname@example.org. All payments by Requestors for Home Services and Merchandise must be made through the ProAssistance Platform.
- Any payments paid outside of the ProAssistance Platform are not subject to our Satisfaction Guarantee in Section 5(c). Except for the Satisfaction Guarantee in Section 5(c), no refunds or credits will be provided once the Requestor’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. Requestors will pay for all Goods and Services Tax (GST), Harmonized Sales Tax (HST) and other sales taxes (including, without limitation, the Quebec Sales Tax), as applicable on the Home Services and Merchandise provided.
Job Rate and Dispatch and Handling Fee
- As consideration for Home Services requested and accepted through the ProAssistance Platform, a Requestor will be charged (i) a rate for each minute during which such Home Services are provided by the Home Service Provider (“Job Rate”), and (ii) a non-refundable dispatch and handling fee based on the location where the Home Services are to be performed and the time of the request made by the Requestor (“Dispatch and Handling Fee”). The Job Rate and Dispatch and Handling Fee will be disclosed through the ProAssistance Platform when the Requestor communicates its requirement for Home Services and will be set forth in the applicable invoice to be provided in respect of such Home Services.
- In the event a Requestor cancels a request for Home Services after the Home Service Provider arrives at the designated Requestor’s location or does not show after the Home Service Provider has waited at least 10 minutes at the designated Requestor’s location, the Dispatch and Handling Fee for such Home Services will be invoiced and payable even if the Home Service Provider does not perform such Home Services.
- There will be no fixed service fee schedule for calculating the Job Rate or the Dispatch and Handling Fee. Instead, the Job Rate will be calculated on a request by request basis in accordance with our proprietary formula which takes into account, among other things, the location where the Home Services are to be performed, the licensure requirements to provide the requested Home Services, the time of day and week (including statutory holidays and weekends) that such Home Services are requested to be provided, and other factors relevant to the pricing of the requested Home Services. The Dispatch and Handling Fee is based on the location where the Home Services are to be performed and the time of the request made by the Requestor.
“Satisfaction Guarantee” Policy.
- The Satisfaction Guarantee applies for a period of 90 days following the day on which the Applicable Home Services have been completed. In order to avail himself or herself of the Satisfaction Guarantee, the Requestor of the Applicable Home Services who considers that the Applicable Home Services were not reasonably satisfactory compared to industry standards must communicate with ProAssistance to request the application of the Satisfaction Guarantee within 90 days following the day on which the Applicable Home Services have been completed by phone at 1-833-946-6776 ou by email at email@example.com (a “Satisfaction Guarantee Request”).
Following a Satisfaction Guarantee Request, ProAssistance will
require from the Requestor:
- photos and videos showing the nature of the problem that lead to a Satisfaction Guarantee Request (the “Applicable Problem”);
- a written detailed explanation of the nature of the Applicable Problem;
- a written confirmation that there has been no intervention by a third party or the Requestor on the work resulting from the Applicable Home Services; and
- any other supporting documentation which ProAssistance may reasonably request (collectively, the “Satisfaction Guarantee Supporting Documentation”).
- The Satisfaction Guarantee Supporting Documentation must be provided by the Requestor no later than ten (10) days following the date on which ProAssistance has requested such Satisfaction Guarantee Supporting Documentation from the Requestor.
- As soon as practicable after the Satisfaction Guarantee Supporting Documentation has been submitted by the Requestor to ProAssistance, ProAssistance will contact the Applicable Home Service Provider and provide it with the Satisfaction Guarantee Supporting Documentation. If the Applicable Home Service Provider accepts to correct the Applicable Problem at no cost, the Requestor and the Applicable Home Service Provider shall arrange for such Applicable Problem to be corrected at a time to be determined between them through ProAssistance.
- If the Applicable Home Service Provider does not accept to correct the Applicable Problem at no cost as mentioned above, ProAssistance will contact one or more Home Service Providers who have not provided the Applicable Home Services selected by ProAssistance at its sole discretion (the “Evaluating Home Service Providers”) and will provide it with the Satisfaction Guarantee Supporting Documentation.
If, based on their assessment of the Satisfaction Guarantee
Supporting Documentation, the Evaluating Home Service Providers
conclude that the Applicable Home Services have not been performed
in accordance with applicable industry standards, then ProAssistance
will inform the Applicable Home Service Provider of the Evaluating
Home Service Providers’ assessment and give the opportunity to the
Applicable Home Service Provider to correct the Applicable Problem
based on the assessment of the Evaluating Home Service Providers,
- If, based on such assessment, the Applicable Home Service Provider accepts to correct the Applicable Problem at no cost, the Requestor and the Applicable Home Service Provider will arrange for such Applicable Problem to be corrected at a time to be determined between them through ProAssistance and such correction shall be at no cost to the Requestor.
If, based on such assessment, the Applicable Home Service
Provider maintain its refusal to correct the Applicable Problem
at no cost, the Requestor will be entitled to request through
the ProAssistance Platform that another Home Service Provider
provide Home Services for the purpose of correcting the
Applicable Problem (the “Corrective Home Services”) provided
that the amount payable by the Requestor (before applicable
taxes) for such Corrective Home Services shall be subject to a
discount equal to:
- 25% compared to the otherwise applicable Job Rate and Dispatch and Handling Fee for the portion of the invoiced fees for the Corrective Home Services between $0 and $3,000; and
- 20% compared to the otherwise applicable Job Rate and Dispatch and Handling Fee for the portion of the invoiced fees for the Corrective Home Services that exceeds $3,000;
- If, based on their assessment of the Satisfaction Guarantee Supporting Documentation, the Evaluating Home Service Providers conclude that the Applicable Home Services have been performed in accordance with applicable industry standards, then the Requestor will not be entitled to the benefit of the Satisfaction Guarantee.
Thus, in order to benefit from the Satisfaction Guarantee in
accordance with the terms hereof, all the following conditions must
- The Applicable Home Services must have been ordered, invoiced and paid through the ProAssistance Platform in accordance with this Agreement;
- The Satisfaction Guarantee Request must have been made as set forth above no later than 90 days following the day on which the Applicable Home Services have been completed;
- The Requestor must provide the Satisfaction Guarantee Supporting Documentation within the delays set forth above;
- There must have been no intervention by a third party or the Requestor on the work resulting from the Applicable Home Services after the Applicable Home Services have been performed by the Applicable Home Service Provider (including, without limitation, an intervention meant to correct the Applicable Problem); and
- Unless the Applicable Home Service Provider agrees otherwise in accordance with the terms above, the Evaluating Home Service Providers must have concluded that the Applicable Home Services were not performed in accordance with applicable industry standards.
In addition, the Satisfaction Guarantee will not apply to:
- Home Services relating to sanitary unblocking or drain unclogging;
- problems that result from the use of Merchandise provided by the Requestor or that the Requestor has explicitly requested be used by the Home Service Provider;
- problems that result from tasks performed by the Home Service Provider in a manner explicitly instructed by the Requestor contrary to the advice of the Home Service Provider;
- problems which are not directly attributable to the Home Services; and
- any payments made for the Merchandise itself.
6. Term and Termination and Cancellation of Home Services
- This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
Termination by ProAssistance.
- We may terminate this Agreement or terminate or suspend your right to use the ProAssistance 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 if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating this Agreement, ProAssistance may delete the account and all the information in it. You have no ownership rights to your account.
- For Home Service Providers, the ProAssistance Platform will remit all accrued sums for completed and undisputed Home Services and Merchandise performed or provided prior to the termination or assumption of this Agreement if such termination or suspension occurs prior to such payment being remitted to the Home Service Provider, unless the Home Service Provider has engaged in any Prohibited Conduct.
Termination by Requestors or Home Service Providers.
- All Users may terminate this Agreement by completely and permanently ceasing to use the ProAssistance Platform, provided that there are no outstanding Home Services ordered under your password or account (for Requestors) or outstanding accepted Home Service requests (for Home Service Providers) and by closing any account you have opened on the ProAssistance Platform. If you attempt to terminate this Agreement while there are still outstanding Home Services ordered or accepted, as applicable, this Agreement shall not terminate until such Home Services have been performed and paid for, or otherwise canceled as permitted by ProAssistance, or as provided for in this Agreement.
Reassignment of Home Service Provider.
- When a Home Service Provider cancels a scheduled Home Services appointment, the ProAssistance Platform generally notifies the Requestor and makes the Requestor’s Home Services request available for another Home Service Provider to select. However, ProAssistance cannot guarantee that a canceled Home Services appointment will be immediately selected by another Home Service Provider and rescheduled or that the Home Services request will be completed. If a Home Service Provider has repeatedly canceled or arrived late at scheduled Home Services appointments, whether such breaches are reflected in Home Service Provider’s Rating or not, ProAssistance reserves the right to unilaterally suspend or terminate access to the ProAssistance Platform.
7. Links to and Plug-Ins from Other Web Sites or Media
8. Community Areas
- You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of the ProAssistance Platform. Users who violate systems or network security may incur criminal or civil liability. You shall not exploit the ProAssistance Platform, including but not limited to, by trespass or burdening network capacity.
9. Rules for Use of the ProAssistance Platform
During the term of this Agreement:
- Requestors may use the ProAssistance Platform for personal use in a residential environment only;
- Requestors may use the ProAssistance Platform to book Home Services solely with respect to a location where the Requestor is legally authorized to have Home Services performed and to an Authorized Residence;
- Users may not use the ProAssistance Platform for any other purposes than those expressly authorized pursuant to this Agreement or as may otherwise be authorized by ProAssistance in writing, in its sole discretion;
- Requestors agree that an order for Home Services is an offer, which is only accepted when the Requestor receives a confirmation of the order from the Home Service Provider through the ProAssistance Platform;
- Users agree to treat the other Users courteously and lawfully;
- Requestors agree to provide a safe and appropriate working environment for Home Service Providers that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Home Service Providers to enable them to provide Home Services;
- Requestors are encouraged to communicate any complaints to us and not to the Home Service Providers. However, unless otherwise expressly provided herein, the failure by a Requestor to communicate an issue or complaint to us with respect to the Home Services shall not constitute a waiver of a Requestor’s rights or recourses against the Home Service Provider under the Service Contract entered into with the Home Service Provider or applicable law; and
- Requestors acknowledge that their selected Home Service Provider may be unavailable from time to time, e.g. due to illness, vacation or leaving the ProAssistance Platform.
You shall NOT use the ProAssistance Platform (including but not limited
to any Community Areas) to do, or attempt to do, or assist any third
party’s attempt to do any of the following:
- upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party or otherwise use the ProAssistance Platform to reproduce, without permission, any copyrighted or trademarked materials;
- download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the ProAssistance Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
- defame, abuse, harass, victimize, degrade, intimidate, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users;
- post a review or rating unless such review or rating contains your independent, honest, genuine opinion offered in good faith;
- any purpose or in any manner that is in violation of local, provincial, national, or international law;
- publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, deceiving, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale or distribution of counterfeit or stolen items;
- advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the ProAssistance Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Home Services facilitated through the ProAssistance Platform without express written permission from us;
- use the ProAssistance Platform to collect usernames and/or email addresses by electronic or other means without our express prior written consent;
- conduct or forward surveys, contests, pyramid schemes, or chain letters;
- impersonate or attempt to impersonate another person (including, without limitation, by using e-mail addresses associated with any other person), or allow any other person or entity to use your identification to post or view comments or otherwise use your account (and you also shall not provide your password to any other person);
- register to use the ProAssistance Platform under different usernames or identities, after your account has been suspended or terminated;
- restrict or inhibit any other User from using and enjoying the ProAssistance Platform;
- imply or state that any statements you make are endorsed by us, without our prior written consent;
- reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the ProAssistance Platform, its servers or any connected networks, use a bot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the ProAssistance Platform in any manner, or attempt to do any of the foregoing;
- remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned or licensed by us;
- upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner; or
- mirror, frame or archive any part of the ProAssistance Platform or any content or material contained on the ProAssistance Platform without ProAssistance’s written permission.
Additionally, with respect to the Apps, you agree not to:
- use the Apps in any manner that could disable, overburden, damage, or impair the Apps or any network, or interfere with any other User’s or ProAssistance’s use or operation of the Apps, including their ability to engage in real time activities through the Apps;
- use any bot, spider or other automatic device, process or means to access the Apps for any purpose, including, without limitation, monitoring or copying any of the material on the Apps;
- use any manual process to monitor or copy any of the material on the Apps or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Apps;
- introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Apps, the server on which the Apps are stored, or any server, computer or database connected to the Apps;
- attack the Apps via a denial-of-service attack or a distributed denial-of-service attack; or,
- otherwise attempt to interfere with the proper working of the Apps.
You also agree not to use the ProAssistance Platform:
- in any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm the ProAssistance Platform’s owner or Users or expose them to liability.
10. No Employment
- ProAssistance provides the ProAssistance Platform which allows Requestors to connect with independent Home Service Providers to obtain and provide Home Services. ProAssistance is not the employer of any Home Service Provider or Home Service Provider’s employees. Requestors acknowledge that such Home Service Provider provides services to Requestors as an independent contractor within the meaning of any applicable law and has full responsibility for complying with all requirements of any law, regulation or order, and is not an employee, joint venturer, partner, agent, or franchisee of ProAssistance for any purpose whatsoever.
11. Special Promotions
- From time to time, ProAssistance may offer to Requestors at its sole discretion special promotional rates and other incentives (“Promotions”). Such Promotions will be offered through the form of promotional codes that can be applied on the invoiced fees for Home Services only (“Promotional Codes”). In compliance with applicable laws, the Promotional Codes (i) can be limited with time limits for their redemption or use or be offered through the form of a percentage or fixed lump sum, (ii) are subject to change, will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification, and (iii) will be subject to such terms and conditions as we may determine. Promotional Codes can also be limited to a credit on past Home Services or as compensation for any prejudice incurred by a Requestor, the whole at ProAssistance’s entire discretion and subject to any additional applicable terms and conditions.
12. Intellectual Property Rights
- The ProAssistance Platform, and the information, data, content and materials, which it contains (“ProAssistance Materials”), are the property of ProAssistance and/or its affiliates and licensors, excluding User-generated content, which ProAssistance has a right to use as described below. The ProAssistance Materials are protected from unauthorized use, copying and dissemination by Canadian and United States copyright law, trademark law, international conventions, and other intellectual property laws. ProAssistance and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the ProAssistance Materials. Any use of ProAssistance Materials, other than as expressly permitted herein, is prohibited without the prior permission of ProAssistance and/or the relevant right holder. The logos and trademarks of ProAssistance, including without limitation “PROASSISTANCE” and the ProAssistance logo are trademarks owned by ProAssistance. Any other trademarks, service marks, logos and/or trade names appearing on the ProAssistance Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the ProAssistance Platform without the express prior written consent of the owner.
13. The Apps / Mobile Devices
- The ProAssistance Platform may allow you to access our services, download our Apps, upload content to the ProAssistance Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
- You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which each App operates (e.g., Apple iOS or Android). If you access or download the Apps from the Apple Appstore or the Google Play Store, you agree to all the terms and conditions of the Appstore license or the Google Play Store license.
- ProAssistance shall not be liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. ProAssistance reserves the right to terminate the use of the Apps or any other aspect of the ProAssistance Platform should you be using the Apps or the ProAssistance Platform with an incompatible or unauthorized device. ProAssistance is not responsible for your internet connection or for any consequences of intermittent or unavailable connectivity.
14. Modifications to the ProAssistance Platform and Interruption of Home Services
- The term “Confidential Information” shall mean any and all of ProAssistance’s trade secrets, confidential and proprietary information, personal information and all other information and data of ProAssistance and its affiliates that is not generally known to the public or other third parties. The ProAssistance Platform contains secured components that are accessible only to those who have been granted a user name and password by ProAssistance. Information contained within the secure components of the ProAssistance Platform is confidential and proprietary and part of ProAssistance’s Confidential Information. You acknowledge that Confidential Information is a valuable, special and unique asset of ProAssistance and agree that you will not disclose or use Confidential Information other than as necessary for you to make use of the ProAssistance Platform as expressly permitted by this Agreement and only during the term of this Agreement.
16. Disclaimer of Warranties; Limitation on Liability
Disclaimer of Warranty
- USE OF THE PROASSISTANCE PLATFORM IS ENTIRELY AT YOUR OWN RISKS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROASSISTANCE PLATFORM AND ALL MATERIALS, MERCHANDISE, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, LEGAL OR CONTRACTUAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER PROASSISTANCE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PROASSISTANCE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE PROASSISTANCE PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY HOME SERVICE PROVIDER’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROASSISTANCE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PROASSISTANCE PLATFORM OR THIS AGREEMENT.
- ACCESS TO THE PROASSISTANCE PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER PROASSISTANCE NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PROASSISTANCE PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTORS OR HOME SERVICE PROVIDER). NEITHER PROASSISTANCE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PROASSISTANCE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PROASSISTANCE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Without limitation to foregoing or any other terms in this
Agreement, ProAssistance has no control over and does not guarantee
in any way the following contractual elements between Users:
- the legality, feasibility or relevance of any Home Services;
- the veracity of any Rating, Review or other User Content, the accuracy, precision of any calculation or measurement as well as, in general, any description or explanation concerning any Home Services;
- the accuracy, conformity or sufficiency of any plan, sketch or drawing (if applicable);
- any declaration, affirmation, representation, abstention and more generally, any behavior of Users of the ProAssistance Platform;
- the value of the content of any Home Services requested by the Requestor as well as the value of the content of any submission from the Home Service Provider in response to this request;
- the conformity of any document exchanged between Users or the authenticity or provenance of such document; and
- the integrity, security or compliance of any Home Services.
- Without limitation to foregoing or any other terms in this Agreement, ProAssistance has no control over and does not guarantee in any way the following contractual elements between Users:
Limitation of Liability
- UNDER NO CIRCUMSTANCES WILL ProAssistance OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES RESULTING FROM ANY LOST REVENUES, PROFITS OR LOSS OF CLIENTS OR EXPECTED CLIENTS, DAMAGES FOR BUSINESS INTERRUPTION OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND ANY OTHER INCIDENTAL COMMERCIAL OR FINANCIAL LOSSES OF ANY KIND OR DAMAGES THAT ARE NOT THE DIRECT AND IMMEDIATE CONSEQUENCE OF PROASSISTANCE’S OR SUCH AFFILIATE’S ACTIONS, YOUR USE OF OR INABILITY TO USE THE PROASSISTANCE PLATFORM, EVEN IF YOU WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. ProAssistance AND ITS AFFILIATES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY HOME SERVICES.
- PROASSISTANCE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE PROASSISTANCE PLATFORM (INCLUDING, WITHOUT LIMITATION, BETWEEN A REQUESTOR AND A HOME SERVICE PROVIDER). THE PROASSISTANCE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE PROASSISTANCE PLATFORM CONNECTS A USER TO A HOME SERVICE PROVIDER FOR THE PURPOSES OF PROVIDING HOME SERVICES OR MERCHANDISE, AS APPLICABLE, PROASSISTANCE WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY HOME SERVICE PROVIDER AND EACH REQUESTER EXPRESSLY WAIVE AND RELEASE PROASSISTANCE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE HOME SERVICE PROVIDER, UNLESS EXPRESSLY SET FORTH HEREIN IN SECTION 5(c).
- You hereby agree to indemnify, defend, and hold harmless ProAssistance, its affiliates, its licensors and their respective directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including, without limitation, attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (a) your use or misuse of, or inability to use, the ProAssistance Platform, or any Merchandise, (b) your violation of this Agreement or any Service Contract, (c) your violation of any applicable law or regulation; (d) your violation of the rights of another, (e) Your Information and content that you submit or transmit through the ProAssistance Platform; and (f) in the case of a Home Service Provider, the acts and omissions of your employees. ProAssistance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of ProAssistance.
18. Dispute Resolution
- To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and ProAssistance, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and ProAssistance may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section 18 is your email address and/or physical address that you have provided to ProAssistance. ProAssistance’s address for such notices is: firstname.lastname@example.org and/or by mail to 9426-6855 Québec inc. (doing business as ProAssistance), Attn: Legal, 4293 Autoroute des Laurentides, Laval, Québec H7L 5W5.
- All provisions that should by their nature survive the expiration or termination of this Agreement, shall so survive.
20. Governing Law; Jurisdiction
- This Agreement and any disputes arising hereunder or related to such (whether for breach of contract, extra-contractual liability, tortious conduct or otherwise) will be governed by the laws in effect in the Province of Quebec, without reference to its conflicts of law principles. To the extent permitted by applicable law, any legal actions, suits or proceedings arising out of this Agreement (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the courts of the Province of Quebec, located in the District of Montreal, and the User and ProAssistance hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of this Agreement. However, for residents of the Province of Ontario, any disputes arising hereunder or related to this Agreement (whether for breach of contract, tortious conduct or otherwise) may be brought before the Ontario Superior Court of Justice.
- You may not assign this Agreement without the prior written approval of ProAssistance. Any purported assignment in violation of this section shall be void.
- ProAssistance shall have the right, without your consent and in its sole discretion, to assign the Agreement and/or to transfer all or any of its obligations and rights hereunder provided that the assignee of ProAssistance’s obligations under such assignment is, in ProAssistance’s reasonable judgment, able to perform ProAssistance’s obligations under this Agreement. Upon such assignment and/or transfer, ProAssistance shall have no further liability to the Home Service Provider for the obligations transferred.
22. General Provisions
- 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.
- If any provision of this Agreement 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. The failure of ProAssistance to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ProAssistance in writing.
- This Agreement shall inure to the benefit of, and shall be binding on, to the parties to this Agreement and their respective permitted successors and assigns. Except as explicitly set forth in this Agreement, nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third‐party beneficiary claims.
- The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement.
- Any attempt to alter, amend, change or supplement this Agreement shall be null and void, unless otherwise agreed to in a written agreement between you and ProAssistance, or as contemplated by Section 23.
- ProAssistance shall have no liability to you 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 ProAssistance’s reasonable control including, without limitation, national health emergencies, pandemics (including, without limitation COVID-19), any restrictions imposed by local health authorities with respect to such pandemics, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Home Service Providers to perform, flood, fire, explosion, acts of terrorism or accident. To the extent that anything in or associated with the ProAssistance Platform is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and shall control. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable attorney’s fees.
- The parties acknowledge expressly requiring this Agreement and all related documents to be drawn up in the English language. Les parties ont expressément demandé que la présente Convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
25. Notices and Contact Information
ProAssistance may give notice by means of a general notice to you
through the ProAssistance Platform, electronic mail to your email
address on record in ProAssistance’s account information, or by written
communication sent by first class mail or pre-paid post or overnight
carrier to your address on record in ProAssistance’s account
information. Such notice shall be deemed to have been given upon the
expiration of 48 hours after mailing or posting (if sent by first class
mail or prepaid post or delivery) or 12 hours after sending (if sent by
email or through the ProAssistance Platform). You may give notice to
ProAssistance (such notice shall be deemed given when received by
ProAssistance) at any time by any of the following:
- letter sent by email to email@example.com; or
- letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to ProAssistance at the following address: 4293 Autoroute des Laurentides, Laval, Québec H7L 5W5.