Nowtaskr Terms and Conditions
Last Updated: 03 July 2017
These Terms and Conditions constitute a legally binding agreement (“Agreement”) between the individual using the Service (“client”, “clients” or “you”) and Nowtaskr, Inc. (“Nowtaskr”,”we”,”us”, or “our”) governing the use of the Nowtaskr Service (as defined below).
As referenced in this agreement, “Site” means the website operated by Nowtaskr and currently located at nowtaskr.com, as it may be relocated, updated, or modified from time to time, and includes any and all information, images and other content appearing on or incorporated in the website.
The term “Service” is defined as the Site, downloadable software, mobile applications for mobile or table platforms (“App”), messages sent through email or other means, and online or off-line services owned or operated by Nowtaskr.
By using or accessing the Service:
SECTION 1 - TERMS AND CONDITIONS GOVERNING SERVICE USE
Access and use of the Nowtaskr Service is solely conditional on your agreement and compliance with the Terms and Conditions set forth. By accessing and / or using our Services including our Site you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Any new features or tools which are added to the current offerings shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ELIGIBILITY
The service is not available to persons under the age of 18, or to any person who has been suspended or removed from the service by Nowtaskr. By accessing and / or using our Services including our Site you are representing that you are at least 18 years of age and have not been previously suspended or removed from the Nowtaskr Service or Site.
If you are accessing and / or using our Services including our Site on behalf of an organization, entity, or company, you acknowledge that you are an authorized representative with the authority to bind such organization, entity, or company to the Terms and Conditions as set forth in this document. You acknowledge and agree to be bound by the Terms and Conditions on behalf of the organization, entity, or company you are representing.
SECTION 4 - REGISTRATION
You must create an account in order to use the Nowtaskr Service. You are solely responsible for the safeguarding of your username and password for the Nowtaskr Service. You acknowledge and agree that you will not provide your password to any third party. You acknowledge and agree that you are fully responsible for any activities or actions that occur under your username and password, whether or not you have authorized such activities or actions. You are responsible to immediately notify us of any unauthorized use of your username or password.
When creating an account on the Nowtaskr Service and Site you must provide accurate, current, complete and true information about yourself as requested by any form that you complete as part of the registration process of the Service and / or Site. If any information is not current, misleading, deceptive in any manner, or otherwise incomplete, we reserve the right to terminate your account and refuse any and all access and Services of Nowtaskr. Nowtaskr will have no liability for failure to deliver notices that result from inaccurate account information. You acknowledge and agree that you are responsible for keeping your account information current, accurate, and truthful.
SECTION 5 - PRIVACY
SECTION 6 - SERVICE
Nowtaskr is a helping hands service company connecting individuals who are looking for individuals to provide labour (“Task”), and an Employee or affiliated sub-contractor of Nowtaskr (“Taskr”) that are willing to perform such Tasks. Nowtaskr interviews, check personal and professional references and requests a police criminal record check on all of our Taskrs, but Nowtaskr cannot guarantee the accuracy or completeness of any background check. Background checks, even when provided truthful and accurate information cannot and do not predict future behaviour.
When you request Services from, or otherwise interact with Nowtaskr, you acknowledge and agree to exercise caution and common sense to protect your personal property and the property of others, the safety of our Taskrs, the safety of yourself and others in the same manner that you would anyone else providing services to you or on your property. You agree and acknowledge that you are required as a condition of the Nowtaskr Service to supervise the Taskr assigned to your Task to insure that all precautions for safety of our Taskrs, yourself or others and the protection of your personal property and the property of others are taken to the best of your ability.
Nowtaskr cannot guarantee that the Taskr assigned to your Task is qualified to perform a particular Task and it is the client’s responsibility to determine that a professional in a particular field is required.
We hold the right to refuse any task that is deemed to be unsafe, requires professional qualification, results in exceptional liability, or is believed to be unethical / immoral behaviour as deemed by the sole direction of Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors .
Nowtaskr does not claim ownership of any Task information that you submit as part of the Nowtaskr Service, but you affirm that you have the necessary rights, consent, permission and licenses and agree to grant Nowtaskr a perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, adapt, modify and publicly perform or display and exploit such submission in connection with our Service.
SECTION 7 - INDEMNITY
You acknowledge and agree that you are personally responsible for your use of the Nowtaskr Service, and you agree to defend, indemnify and hold harmless Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney and accounting fees and costs arising out of or in any way connected to:
Nowtaskr reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You acknowledge and agree that you will not in any event, settle any claim or matter without our written consent.
SECTION 8 - AT YOUR RISK
Nowtaskr Service is provided “as is” and on an “as available” basis without warranty or condition of any kind, either expressed or implied. Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors disclaim:
You acknowledge and agree to assume all risk for all damages, including damages relating to a Task, to your computer system or loss of data that may result from your use of or access to the Nowtaskr Service. Any content, information, software, or other material that has been downloaded, used or otherwise obtained through the use of the Service is done at your own discretion and risk.
You acknowledge and agree that by accessing and using the Nowtaskr Service, and have a Taskr to perform a Task for you, you understand that no Taskr has authority to make any changes to these Terms and Conditions, and that any representations, warranties and statements made by a Taskr or any third party are disclaimed by Nowtaskr and do not expand or otherwise modify these Terms and Conditions. With the exception of the fact that Nowtaskr interviews and requests Police criminal record checks on the identification information provided by each Taskr. Nowtaskr makes no representation or warranty regarding the safety, quality, reliability, completeness, fitness, or nature of any services provided by a Taskr.
Certain jurisdictions do not allow the exclusion of certain warranties in some circumstances. Due to this fact, some of the above limitations may not apply to you according to the jurisdiction in which the service is provided.
SECTION 9 - LIMITATION OF LIABILITY AND RELEASE OF LIABILITY
To the [fullest] extent authorized by Law, neither Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors nor any other party involved in creating, operating, producing, or delivering the service will be liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from your access of use of, or the inability to access or use of the Nowtaskr Service, whether based on warranty, contract, tort (Including negligence), statute or any other legal theory, whether or not Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors have been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for the defamatory, offensive or illegal conduct of Taskrs, other clients, or third parties and that the risk of injury from the foregoing rests entirely with you. Nowtaskr is not liable for your reliance on information provided by a Taskr or otherwise made available through the Nowtaskr Service, and you should independently verify the information made available by a Taskr or through the Nowtaskr Service to ensure that it is accurate, complete and appropriate information.
You acknowledge and agree that you are responsible to work with the Taskr to define the nature and scope of each task, and ensuring that each task complies with all applicable laws of your jurisdiction. Tasks may be inherently risky and could lead to loss of or injury to property, personal injury, or death. Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will have no liability to you or any third party in any of these events. Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will have no liability to you or to any third party for any third party content that is uploaded or downloaded through accessing or using the Nowtaskr Service.
You acknowledge and agree that in the event of a dispute related to a Task that you have requested through the Nowtaskr service, you hereby release Nowtaskr Inc. (And its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors) from any and all claims, damages (Actual or consequential), obligations, losses, liabilities, costs or debt, and expenses (Including but not limited to Attorney’s fees), of every kind and nature, unknown and known, unsuspected and suspected, undisclosed and disclosed, arising from or in any way connected or related with such a dispute.
You acknowledge and agree to the [fullest] extent of the Law that the aggregate liability of Nowtaskr Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors to you for any and all claims arising from or related to the use of the Nowtaskr Service is limited to the greater of:
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Nowtaskr and you.
Certain jurisdictions do not allow the limitation or exclusion of liability in some circumstances. Due to this fact, some of the above limitations may not apply to you according to the jurisdiction in which the service is provided.
SECTION 10 - DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and Nowtaskr in the most expedient and cost effective manner, you and Nowtaskr agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Nowtaskr are each waiving the right to a trial by jury or to participate in a class action.
SECTION 11 - TANGIBLE AND INTANGIBLE PROPERTY
Your rights with respect to the Service are limited to those rights expressly granted in the Terms and Conditions. You understand and agree that Nowtaskr owns all rights, titles, and interest in the Service, including all intellectual property rights even if any material is provided or made available to you in accessing or using the Service. The Service is protected by copyright, trademark, trade secret, and other laws of Canada and foreign nations. You may not reproduce, modify, distribute, sell, publicly display or perform, transmit or exploit or prepare derivative works based upon the Service in any portion or whole including without limitation text, software, code, photographs, video, audio, and any information provided in any form without the direct permission of Nowtaskr. You acknowledge and agree that Nowtaskr does not provide you the permission to create an electronic or physical copy of any material related to, or contained within the Nowtaskr Service.
SECTION 12 - MODIFICATIONS TO THE SERVICE AND PRICES
Nowtaskr is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. When you purchase a Service from Nowtaskr, all fees and related charges for a Task are nonrefundable and will be charged to you in accordance with the fee schedule in place at the time of purchase. You are liable for any and all taxes for the services provided by Nowtaskr.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 14 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 - PERSONAL INFORMATION
SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Prescott Street, P.O. Box 1677, Kemptville, ON, K0G 1J0, Canada.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.