Homigo Home Services Corp. is a company incorporated under the laws of Canada, with its head office located at 204-360 Dufferin St., Canada (“Homigo”, “we”, “us”, “our”). Homigo offers [home maintenance and repair services] (the “Homigo Services”) that are [facilitated through]: (i) Homigo website www.homigo.com (the “Homigo Website”); (ii) [text messaging]; and (iii) other platforms as Homigo may make available from time to time ((i) to (iii), collectively, the “Homigo Platform”). The Homigo Services and Homigo Platform are, collectively, the “Homigo Solution”.
(c) The Homigo Solution are provided solely to (collectively, (i) through (iii) are the “Permitted Use”): [(i) enable you to view, access and browse maintenance services provided by Homigo; (ii) enable you to place orders and pay for maintenance services (each an “Maintenance Order”); and (iii) enable you to post comments and reviews on the maintenance services provided by us.]
(b) Homigo reserves the right to change the Homigo Services and any information, material or content (including, but not limited to, price, features, availability of maintenance services) contained on the Homigo Platform (the “Content”) at any time, and from time to time, without notice.
4. Use of the Homigo Solution
5. License Grants
6. User Account
To use the Homigo Platform and receive Homigo Services, you are required to successfully sign for a user account (the “Customer Account”) using the available interfaces on the Homigo Platform, and be issued with a username and password login credentials by Homigo (a “Customer ID”). If you are issued a Customer ID, you will keep your Customer ID secure and will not share your Customer ID with anyone else. Homigo reserves the right to deny your request for Customer Account and to disable any Customer Account issued to you at any time in Homigo’s sole discretion. If Homigo disables access to a Customer Account issued to you, you will be prevented from accessing the Homigo Platform and receiving any Homigo Services.
7. Initial Onboarding Services
Once you have been issued with a Customer Account and have paid all applicable [Fees], Homigo will use commercially reasonable efforts to perform the following one-time onboarding services (“Initial Onboarding Services”):
8. Requesting and Cancelling Services
(a) Once you have created your Customer Account you may select individual Homigo Services from our list of maintenance and repair services available on the Homigo Platform and then add them to your cart.
(b) For [many] of the Homigo Services available for selection on the Homigo Platform, you will be asked to provide a clear and accurate description of the maintenance services you are seeking. You are solely responsible for confirming the accuracy of all information you provide to us, including the work to be performed and the dates, times, and location at which the work is to be performed (such location, your “Premises”).
(c) Your cart may be edited at any time prior to a Maintenance Order being created. Once you have made your selection, you may check out the selected Homigo Services. At this time you will have the opportunity to review your cart items. After your review and confirmation that the items and information in your cart are correct, you may click [“Submit”] to checkout, and a Maintenance Order will be created and a copy sent to your email address on file with us.
(d) By clicking the [“Submit”] button, you:
(i) [authorize us to charge your credit card on file with us in the amount shown on the Maintenance Order;
(ii) grant us, our employees, contractors, and subcontractors the right to access the Premises to perform the applicable Homigo Services described in your Maintenance Order;
(iii) acknowledge and agree that you cannot edit or change your cart items once a Maintenance Order has been created, and that your payment will be refunded if Homigo rejects the Maintenance Order;
(iv) acknowledge that dependant on various conditions, many of the Homigo Services may require additional Maintenance Orders to achieve the desired outcome of the Service requested;
(v) acknowledge and agree that Homigo’s overhead and profit is to be included in the cost of each item selected, or as an individual item.]
(e) If you wish to amend or cancel your Maintenance Order with a total or partial refund of your Maintenance Order’s price, you must get in touch with Homigo via email or the Homigo support phone line. Homigo will use reasonable efforts to make the changes you request but does not guarantee that refunds or amendments will be effected unless Homigo is notified of the cancellation of your Maintenance Order at least  days in advance of the Order’s delivery date. Homigo’ ability to make changes to a Maintenance Order with less than a -day prior notice depends on the context of the specific Maintenance Order and whether preparations have already been made to fulfill the Maintenance Order for which you are requesting amendments.
(f) Homigo’s email confirmation of payment for the Maintenance Order does not indicate that the Maintenance Order has been accepted. It is possible but unlikely that Homigo will be unable to complete your Maintenance Order. In such a case, Homigo will use reasonable efforts communicate that circumstance to you as soon as possible. If Homigo has charged you for a Maintenance Order that it is unable to complete, Homigo will provide you with a refund of the price of your Maintenance Order within  days after communicating to you the cancellation of your Maintenance Order.
(g) You agree that Homigo will have no liability to you for Maintenance Orders that have been rejected.
9. Subscription Fees and Payment; Fees for Maintenance Orders; Payment Processor
(a) Fees. You will pay to Homigo (the “Fees”):
(i) the applicable monthly subscription fees, if any, described on the Homigo Website (the “Subscription Fees”) during the Term in accordance with the payment terms set out herein; and
(ii) the applicable fee for any maintenance or repair services that you have selected pursuant to Section 8 above (the “Maintenance Order Fees”).
(iii) any additional required costs incurred by Homigo to facilitate the service that you have selected pursuant to Section 8 above (the “Maintenance Order Fees”).
(iv) the applicable fee for any visit made by a Homigo staff member to the location at which the work is to be performed (such location, your “Premises”).
(b) Invoicing. From time-to-time, Homigo will prepare and send to the Customer, at the then-current contact information on file with Homigo, an invoice for any Fees that have become due and payable. Unless otherwise expressly stipulated in an invoice, Customer will pay (or, if Customer is paying through a credit card, Customer authorizes Homigo to charge to Customer’s credit card) all invoiced amounts within 30 calendar days of the invoice date. For greater certainty, if Customer has subscribed to an ongoing subscription, then such subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the Homigo Website, and Homigo will invoice or charge Customer on a recurring basis.
(c) Disputed Invoices or Charges. If Customer believes Homigo has charged or invoiced Customer incorrectly, Customer must contact Homigo no later than 30 days after having been charged by Homigo or receiving such invoice in which the error or problem appeared in order to receive an adjustment or credit. In the event of a dispute, Customer will pay any disputed amounts in accordance with the payment terms herein, and the Parties will discuss the disputed amounts in good faith in order to resolve the dispute.
(d) Late Payment. Customer may not withhold or “setoff” any amounts due under this Agreement. Homigo reserves the right to suspend Customer’s access to the Services until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less) per month or fraction thereof, plus all expenses of collection, until fully paid.
(e) Certain Taxes. The Subscription Fees described on the Homigo Website do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement, and Customer will pay, indemnify and hold harmless Homigo from same, other than taxes based on the net income or profits of Homigo.
Payment Processing Services
(f) [Payment processing services for the Homigo Services are provided by Intuit or other payment services providers as Homigo may choose from time to time (collectively referred to herein as the “Payment Processing Services Provider”). You hereby authorize Homigo to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Homigo Services. You also agree that Homigo is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.]
10. Customer Care
(a) If you have any problems, questions or suggestions with respect to the Homigo Services, the Homigo Platform your Maintenance Order, please contact Homigo’s customer care team via email or phone at: email@example.com or 647-503-5390.
(b) If you wish to change or cancel your Maintenance order please contact Homigo’s customer care team. Homigo does not guarantee that it will be able to make any changes or refunds on your Maintenance Orders.
11. Term and Termination
12. Feedback and Reviews
(a) By submitting content to Homigo, including any reviews, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Homigo and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Submission. You acknowledge that Homigo may choose to provide attribution of your Submissions (for example, listing your name and city on a review that you submit) at Homigo’s discretion, and that such submissions may be shared publicly. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
(b) Homigo takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Homigo has no obligation to implement or post your Submissions and reserves the right, in its absolute discretion, to determine which Submissions are published on the Homigo Platform. If you do not agree to any of the foregoing, please do not provide us with any Submissions. You acknowledge that Homigo may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
(a) All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Homigo Platform, are owned or licensed by Homigo and are protected by copyright, trade-mark and other intellectual property laws.
(c) All contents of the Homigo Website are: ©  Homigo Home Services Corp.
15. No Unlawful or Prohibited Use
You will not, without Homigo’s prior written permission, use the Homigo Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to), and will not permit anyone else to (or attempt to): (a) “frame”, “mirror” or otherwise incorporate the Homigo Platform or the Content or any part thereof on any website; (b) access, monitor or copy any part of the Homigo Platform or the Content using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Content or the Homigo Platform or bypass or circumvent other measures employed to prevent or limit access to the Homigo Platform; (d) take any action that imposes, or may impose, in Homigo’s discretion, an unreasonable or disproportionately large load on the Homigo Platform; (e) remove any watermarks, labels or other legal or proprietary notices included in the Homigo Platform or the Content; (f) modify the Homigo Platform or the Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Homigo Platform or the Content; (g) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Homigo Platform or the Content; (h) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Homigo Platform or the Content; (i) create derivative works based on the Homigo Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Homigo Platform or the Content; (j) use of access the Homigo Platform or the Content in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (k) upload to or transmit through the Homigo Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Homigo in its sole discretion.
16. Third Party Websites
The Homigo Website may provide links to third party websites. Homigo does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Homigo’s control, and if you choose to access any such website, you do so entirely at your own risk.
The downloading and viewing of Content is done at your own risk. Homigo cannot and does not guarantee or warrant that the Homigo Platform or the Content are compatible with your computer system or that the Homigo Platform or the Content, or any links from the Homigo Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Homigo Platform.
18. Communications Not Confidential
Homigo does not guarantee the confidentiality of any communications made by you through the Homigo Platform. Although Homigo generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Homigo Platform, you understand, agree and acknowledge that Homigo cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Homigo Platform.
19. Customer Warranties
(a) Access to Premises. You represent and warrant that you have the right to grant us, our employees and contractors, as well as our subcontractors to access the Premises to perform the applicable Homigo Services and will be present at the Premises or will have a representative who is [19 years old or older] at the Premises at all times while the Homigo Services is being performed.
(b) Personal Information. You represent and warrant that any data, information, or materials that you upload or transmit to the Homigo Platform or otherwise provide to Homigo will only contain Personal Information in respect of which you have provided all notices and disclosures and obtained all applicable third party consents, permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Homigo Platform and to provide the Homigo Services
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOMIGO HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOMIGO DOES NOT WARRANT THAT THE HOMIGO PLATFORM (OR ANY PART THEREOF) WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT ALL ERRORS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, HOMIGO EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE HOMIGO PLATFORM (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.
(b) HOMIGO SERVICES DISCLAIMER. EXCEPT AS SPECIFICALLY COMMUNICATED TO YOU IN WRITING ON THE HOMIGO PLATFORM:
(i) HOMIGO MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE PROVISION OF THE HOME SERVICES (INCLUDING ANY WARRANTIES OR REEPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETELNESS OR QUALITY OF THE HOMIGO SERVICES) OR THE ACCEPTANCE OR REJECTION OF ANY MAINTENANCE ORDERS.
(ii) HOMIGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE WORKMANSHIP, TIMELINESS, INTEGRITY, ABILITY OR SKILL OF THE INDIVIDUALS THAT PERFORM THE HOMIGO SERVICES. WITHOUT LIMITING THE FOREGOING, HOMIGO DOES NOT REPRESENT OR WARRANT THAT THE INDIVIDUALS PERFORMING THE HOMIGO SERVICES HOLD ANY QUALIFICATION, CERTIFICATION, LICENCE, SCHOOLING, TRAINING, OR INSURANCE REQUIRED TO PROVIDE THE HOMIGO SERVICES.
(c) SAFETY DISCLAIMER. WHILE HOMIGO PERFORMS DUE DILIGENCE ON THE INDIVIDUALS THAT PERFORM THE HOMIGO SERVICES ON YOUR PREMISES, YOU SHOULD NEVERTHELESS EXERCISE DUE DILIGENCE, CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY.
21. Limitation of Liability
The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
(a) TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HOMIGO BE LIABLE TO CUSTOMER OR ANY USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; OR (IV) ANY COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
You will defend, indemnify and hold harmless Homigo and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
(b) misrepresentation, criminal behaviour or gross negligence on your part;
(c) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); and
23. Geographic Application of the Homigo Services
Not all of the Homigo Services are available in all jurisdictions. Furthermore, nothing on the Homigo Services constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
24. Force Majeure
25. Governing Law and Jurisdiction
(b) Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in [Toronto, Ontario, Canada] in all disputes arising out of or relating to the use of the Homigo Platform, the Homigo Services or the Content.
26. Entire Agreement, Waiver and Severability
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