Last modified: 16/02/2020

Canada Terms of Use

1. General Terms & Conditions

These terms and conditions apply to your use of the HandyMate website, an online   mobile marketplace platform through which freelancers can connect with requesters. We ask that you carefully read these primary terms and conditions, as they contain very important information about the provisions governing your use of this site and mobile applications.

By using our website/mobile applications in any way, including logging on to, accessing, browsing, or placing a job order on our website/mobile applications, you fully agree to these terms and conditions.

We may alter or augment our terms for any reason, and at any time that we deem fit. As a user, you admit and agree that we have the right to change our terms and conditions without prior notice to you. Your use now and your continual use of our website and services after we make any changes shall be considered to be your continual acceptance of these terms. You must immediately exit this website/mobile application and stop using our services if you disagree with any provision of this agreement.

Account Registration

To be able to log on to and use most parts of our website/mobile applications, we will require you to register as a user. If you opt to register on our website, we will ask you to provide your email address and personal information like residential address and phone number, and these will be used to create an individual user account for you. We ask that you keep your account information safe at all times.

You hereby attest that whatever information that you provide to us, both during the registration process and subsequently are honest, complete, and truthful. You also agree to always update your account information such that it remains accurate, true, and complete. 

Some personal information will be required while creating an account including phone number, address and billing information. All personal information will be treated in accordance with the privacy policy which should be read thoroughly.

We may restrict your account if the information provided is found to be false, incorrect, or deliberately misleading.

About the Service

The service enables persons requiring freelancers for various tasks to connect with such freelancers.

You understand and accept that we ourselves do not provide or perform freelance services, and we will under no circumstances be held liable for the performance of freelancers offering freelance services. We do not control and will not be responsible for the provision or failure to provide, quality, timing, or any other aspect as it relates to the identification, request, or provision of freelance services through the HandyMate service. 

A registered user may use our service to post a requesting order to have a certain freelance service provided. For these requests to be processed, they must be worded very clearly, be registered under the appropriate service category, and be an accurate description of the requested task. 

You are solely responsible for confirming the correctness of all the information provided when you make a work request, and this information must include details such as the requested task and correct location.

You may only make one request per freelancer at a time but can rehire same freelancer. Should you wish to request help for more than one freelance service, you must make a separate request for each freelance service so requested. 

Any time you place a request, you understand that you have made an offer and that a freelancer may then accept or reject your offer at his or her sole discretion. 

Once a freelancer accepts your request, we will send you a notification with information about the freelancer, including the freelancer’s name, picture, customer service rating, company name (if affiliated with any company), and estimated time of arrival. After you have received notification from us, you are free to contact the freelancer by telephone or message to communicate more details as per the freelance service request. 

You have the ability to cancel requests provided that the freelancer has not departed his or her current location. You may also cancel a job if the freelancer does not arrive at the location within the time period prescribed for the job. All cancellations made after a freelancer has departed for the premises will attract a cancellation fee while cancellations made due to a freelancer’s lateness shall not attract a cancellation fee.

By making a request, you represent that you have the right to grant the freelancer access to the location to perform the freelance services, that you will be present at the location, or that you will have a representative present at the location at all times while the freelance service is being performed.

You understand and accept that a freelancer may cancel your job within a grace period after accepting the job or may do so in extenuating services. If a freelancer cancels your job, we might try to but are not obligated to match your freelance service request with an alternate freelancer.

TeamMates are required as a condition of being a part of our service to adhere to basic conduct standards such as: professional conduct, reliability, honesty and good workmanship. TeamMates are not permitted to represent themselves as our employees or that they have the ability to bind us to certain actions. If they do, please inform us promptly. We do not endorse, validate or verify the qualifications, skills or licenses of any teammate nor will we be responsible for the performance, actions or inactions of teammates. It is important that you carry out your own searches and ask questions with teammates to satisfy yourself of their credentials and ability to perform services.

Fees and Payment Terms

You understand and accept that we allow requesters to contract directly with the freelancers and that we will not be a party to any agreements or contracts for freelance services. Clients will be charged a customer service fee to ensure the quality of service. Our job is to coordinate payments between requesters and the freelancer, and you understand that we do not act as a prime contractor for the freelance services.

You agree that our involvement in the payment process shall not make us responsible for the freelance services. Your contract for freelance services is with the freelance services professional, not with us.

Since the fees are set by our freelancers (TeamMates) it is not HandyMate’s policy to offer refunds. If the client is entitled to a refund so will the TeamMate, meaning HandyMate will charge the freelancer the full amount being requested for a refund. We reserve the right to handle refunds on a case by case basis. Should a refund be provided the client is entitled to the amount up to or equal to the amount spent on the service at our discretion.

Our freelancers set the rates for freelance services, and this will be provided to you during your request process. You understand that this rate excludes any materials that the freelancer might require to complete the freelance service, and that material costs will be in addition to the going rate. We may modify or update the rates at any time and at our sole discretion. At any time before a freelancer leaves for the job, if you are unsatisfied with the going rate you are free to cancel the appointment. If a freelancer has left for the job and you are unsatisfied and decide to cancel, a cancelation fee will be applied. 

There are no charges in terms of downloading and getting set up with the HandyMate/TeamMate application. HandyMate charges a customer service fee for all jobs completed through the app. Since HandyMate operates through Stripe and PayPal Third Party Payment Systems, all services will be paid online through the HandyMate application. No cash should be given to TeamMates and TeamMates are not allowed to request/accept cash payments. If a TeamMate does request cash payment please contact us promptly. Should you be found to have accepted or requested a cash payment your HandyMate account will be terminated immediately and be fined $2000 CAD dollars. 

Prohibited Activities and Services

As a requester, you are barred from submitting a request that you have no intention of having completed by a freelancer or that you have no intention of paying for.

If you are a HandyMate freelancer (TeamMate), you may not accept a request that you do not wish to accept or cannot complete, or that you are not skilled or licensed or competent to complete.

As a user, your uploaded content must not violate any state, local, federal, or international laws. 

●  You may not upload content that is disparaging, menacing, indecent, illegal, slanderous, ill-mannered, vile, or humiliating to any other individual or entity as determined by HandyMate.

●  You may not submit content that is untrue, erroneous, misleading, or content that violates third-party rights, including trade secrets, copyrights, patents, trademarks, and privacy or publicity rights. 

●  Your uploaded content may not interrupt the normal flow of dialogue; inhibit other users’ ability to engage in real-time exchanges; or interfere with the website or servers or networks connected to the service.

●  You may not upload content that impersonates any person or entity, including but not limited to a HandyMate official, or falsely states or otherwise misrepresents your affiliation with a person or entity.

●  You are not to upload ads or spam links to other websites, individuals, or solicitations, or use the service to advertise chain letters or pyramid schemes.

●  You may not forge headers or otherwise manipulate identifiers in a bid to disguise the origin of any content transmitted through the website.

●  You are barred from uploading, posting, transmitting, or otherwise making available any content that you do not have a right to so provide under any law or under fiduciary or contractual relationships.

●  You may not post information or content that contains software malware  or other harmful computer code; or content that persecutes, degrades, hassles, or intimidates a person/group of persons because of religion, sexual orientation, race, ethnicity, gender, age, or disability.

●  You may not collect other users’ content or information, or otherwise access HandyMate using automated means without our official written permission.

●  You are responsible for any content that you submit to us and agree to indemnify HandyMate and its affiliates for any claims ensuing from any content that you submit.

●  You hereby consent that you will always evaluate, and consequently bear all risks associated with the use of any content on this website, including any reliance on the accuracy, completeness, or usefulness of such content. 

●  HandyMate reserves the right to and may without prior notice, terminate your HandyMate account, and access to the website if you breach these terms and conditions.

●  TeamMates shall not engage in excessive communicate that could be misconstrued as harassment, 

Any service that violates laws, rules, regulations, orders and legal rights of any person or entity in the jurisdiction of the client/teammate including criminal laws and labour + employment laws. 

– Service that promotes illegal activity

– Pornographic or obscene services including sexual and escort services 

– Lottery, raffles and sweepstake entries

– Affiliate marketing, multilevel marketing and pyramid schemes

– Spam services, unsolicited services or products, and fraudulent services 

Website and Application Usage

While the copyright to content submitted by you remains yours, by uploading content to our website, you grant HandyMate a universal, non-exclusive and payment-free license to use, dispense, alter, translate, publish, adjust, replicate, publicly perform, and/or display such content (whether in full or in part) and to use such user content in any format now known or to be later developed without reimbursing you or any third party.

User Content

While using the HandyMate application including TeamMate app or website you shall not:

A)  Copy any content unless expressly permitted to do so

B)  Upload, post, email, transit or otherwise make available any material that:

– Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise questionable;

– You do not have the right to make available under any law or under a contractual relationship;

– Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

– Is or contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not authorized by Terms and Conditions 

– Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment of data or the website or that of any users or viewswers of the website or that compromises a users privacy; or 

– Contains any falsehoods or misrepresentation or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way

C)  impersonate any person or entity or misrepresent their affiliation with a person or entity;

D)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the website or application, or impersonate another person or organization.

E)  interfere with or disrupt the website/application or servers or networks connected to the website/application, or disobey any requirements, procedures, policies or regulations of networks connected to the website/application or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

F)  intentionally or unintentionally violate any applicable local, state, national or international law or regulation

G)  collect or store personal data about other users or viewers without their consent 

H)  license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website/Application

I)  modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the HandyMate app or any software provided as part of the website, except to the extent the foregoing restrictions are expressly prohibited by applicable law. 

Intellectual Property and Copyright

The HandyMate name, logo, website, button icons, page headers, scripts, and service names and all associated trademarks are trademarks of HandyMate Inc. The content of the website is protected by copyright, trademark, and other proprietary rights and laws. You may not replicate, upload, adapt, frame, distribute, link, broadcast, or in any way transmit any material on the HandyMate website or mobile application without our written authorization. Violation of our copyright may lead to the initiation of legal proceedings against the violator.

Links to Third Party Sites

HandyMate may provide links to third-party sites. Registered users may not take the presence of such links as an endorsement of the content and procedures of that third-party website. You agree that your access to and use of such third-party sites is solely at your own risk. It is our recommendation that you check linked websites’ legal policies before using them.

User Disputes and Release

You understand that this service is only a platform for connecting users and that we are not in any way involved in the actual contract between users. You are exclusively responsible for your interactions with other users. 

In the case of a dispute with one or more users, you release HandyMate from any and all claims, damages, or demands of every kind and nature arising out of or in any way connected with such disputes.

Disclaimers

The HandyMate website and mobile application is provided on an “as is” basis. We make no representations that will satisfy or meet your expectations and requirements. We make no warranties, guarantees, or representations of any type, direct or otherwise, regarding the operation of the HandyMate website or the content or materials displayed on the website or in the mobile applications.

We fully disclaim all warranties, whether direct or implied (counting, but not limited to implied warranties of fitness for a particular purpose, suitability, and merchantability) to the full extent allowable by relevant law. HandyMate shall bear no liability for any loss, hurt, or damage (whether direct, secondary, associated, punitive, or comprehensive) in connection with any user’s use of this website.

You accept that the service may occasionally be temporarily unavailable for maintenance purposes or any other reason. HandyMate will not be liable for any error, deletion, defect, omission, interruption, delay in transmission or operation, destruction or theft or unauthorized access to, or modification of, any user content. 

We will not be obligated to you or a third party for any matters outside of our control, or any unexpected harms which without limitation may include any problem or malfunction of any telephone lines, computer servers or providers, computer software and equipment and/or failure of email or persons.

We are not liable in any manner for any user or third-party content available on the service, whether made available or caused to be provided by users or by any of the technology associated with or used in the service.

Nothing included in these terms has been so included with an intention to exclude or restrict any legal responsibility for death or injury that may arise from your deception and carelessness, or any other liability which may not be so limited or exempted by law, or aimed at negatively impacting your statutory rights as a consumer. Should certain applicable laws not allow the limitation of liability set forth above, this limitation of liability will not be applicable to you. 

We are not responsible or liable for any reviews created by a client with respect to the work done by a Teammate. You may request the removal of a review, however, we are not obligated to do so. 

Disputes and Complaints

If a client is unsatisfied with the performance of any HandyMate service, you must report the issue within a twenty four hour period (24h) following the discovery of unsatisfactory work. If you do not report an issue within the 24 hours, you waive your right to dispute the issue. HandyMate is not responsible for refunding or reimbursing any client for fees paid to another party. Because HandyMate is an online marketplace service we ask that you try to resolve the dispute with the TeamMate involved. If you are unable to to resolve the dispute with said TeamMate without HandyMate’s assistance, then HandyMate considers a complaint valid and such complaint relates to non-attendance, abusive or unprofessional conduct, HandyMate may, in its sole discretion intervene and assist with mediating the dispute. We do not guarantee that we will be able to solve the dispute.  TeamMates are not allowed to contact clients in the event of a dispute

Arbitration

You understand and accept that any disputes between HandyMate and you will be subject to binding and final arbitration. This means that you may only pursue claims and seek any relief against HandyMate on an individual basis and never as a party to a class action lawsuit or proceeding. It also means that you fully waive your rights to seek relief in any court of law and to have a trial with a jury of your peers, except when you opt-out of the arbitration agreement.

No Agency

You understand and accept that no partnership, employment, joint venture, or agency relationship shall be deemed to exist between you and HandyMate as a result of your use of our services or this agreement.

Indemnity

You agree to shield, indemnify, and hold HandyMate (its subsidiaries, affiliates, officers, agents, partners, and staff) innocent against any and all claims, fees, and expenses (including but not limited to legal and accounting fees), and damages in connection with your use of the platform.

Waiver/Severability of Terms

The failure of HandyMate to exercise or enforce any provision of these terms shall not be deemed a waiver of such a provision. If any condition of this agreement is found to be invalid by a court of competent jurisdiction, specific provisions will be modified to reflect the parties’ intentions while all the remaining provisions shall remain in full force and effect.

Termination

HandyMate may, under any circumstances and without prior notice, immediately terminate your ability to access the mobile application and website. Cause of termination would include: 

– Breaches or violations in the Terms of Use or any other agreement you may have with HandyMate Inc.

– Requests by law enforcement or other government agencies 

– A request by the client (you)

– Discontinuance or material modification to the website 

– Unexpected technical, security or legal issues 

– Participation (by you) directly or indirectly, in fraudulent or illegal activities

You agree that all terminations may be made by HandyMate in its sole discretion and that HandyMate shall not be liable to you or any third-party for any termination of your access to this website or for the removal of any materials uploaded by you to the website or application

Choice of Law

These terms are governed by laws of Canada, and you consent to submit to the jurisdiction of its courts.

2. Freelancers' (TeamMates) Terms & Conditions

These professional terms and conditions for freelancers (TeamMates) are to be read in conjunction with our general terms and conditions, as they form part of the agreement between HandyMate and you, a freelancer(TeamMates).

By registering as a freelancer(TeamMates), you represent that you have read, understand, and fully agree to be bound by these specific terms and conditions as they relate to your provision of freelance services, and your use of our website and services.

You must immediately exit this website/mobile application and stop using our services if you disagree with any provision of this agreement.

Your Representations

You make the following representations as a freelancer: 

●  That when you click “accept” on the website in response to a request for freelance services, you agree to accept the request to provide the freelance service detailed by the requester;

●  That by accepting the job, you understand that you are entering into a binding contract with the requester;

●  That you are qualified to complete the freelance services in the service categories that you select to be listed for, and that you have the necessary training, certification, licensing, experience, and other qualifications to complete each freelance service with a professional level of care;

●  That you are under no obligation to take on job requests and have agreed to accept only the jobs that you are qualified, insured, willing, and able to complete;

●  That we will notify the requestor with information about you, including your name, picture, customer service rating, and estimated time of arrival, once you accept a job. You may then contact the requester through phone or message for the purpose of communication related to the job;

●  That you will be clear when setting expectations with the requesters as per timing, out of pocket expenses, and all other details required to complete the job;

●  That you will uphold the highest level of professionalism when communicating with requesters or affiliating yourself with HandyMate; 

●  That you will be reliable in your work and meet the standard of customer service and professionalism provided in that field;

●  That you will be responsive, prompt, courteous, and helpful in providing any freelance service; 

●  That you consent to our conduct of criminal record and background checks on you without notice from time to time;

●  That you will be prepared with the necessary materials and tools to complete any freelance service requested; 

●  That you hold all industry-standard insurance and, in the event of representing yourself as bonded, bond coverage, which includes workers compensation, public liability, and workplace safety that adequately covers property damage, theft, bodily injury, and property loss in amounts adequate for your liability under your contract with the requester;

●  That you may not transfer or assign any service request to a third party;

●  That we reserve the right to have another freelancer complete a job if we determine that you may be unable to complete the job on time or meet the standards of professionalism so required. At our sole discretion and if we so substitute another freelancer, we will send you a notification and you will not become a contracting party for the job;

●  That the requestor may cancel the job without incurring a fee if he or she does so before you have departed your current location for the location. You are not to misstate your departure time or mislead a requestor as to the time you depart your current location; Requester is allowed to cancel services based on freelancer’s rates only before freelancer leaves for the requested job. 

●  That you may be liable for a cancellation fee, as we in our sole discretion determine, if you cancel the job after the grace period has expired as provided in the guidelines;

●  That you will perform the job efficiently and with the utmost level of skill and care. Once you have finished the job, we will ask the requestor to rate your service. You also must rate the requester in order to ensure that all users maintain the integrity of the service;

●  That you may only cancel a job as a last resort and only in extenuating circumstances. You understand that scheduling conflicts are not valid excuses for canceling a job. 

●  We may suspend, terminate, or modify your status as a freelancer if we determine, at our sole discretion, that you have invalidated jobs without legitimate reasons. 

No Agency

You hereby acknowledge and agree that no employment, joint venture, partnership, or agency relationship exists between you and any of the HandyMate Inc Companies as a result of this Agreement or your use of our Services. We are solely independent contractors.

Fees and Payment Terms

We will handle the requester’s payment for the job, and you may not negotiate or charge any other unauthorized fee. You may not attempt to negotiate the freelance service payment outside the set HandyMaterates or to obtain payment in cash for the freelance service provided.

We set the HandyMate rates, which you agree are subject to a minimum charge. You further understand that the cost of materials required to complete any job is not included in the HandyMate rate but must be charged through the service. 

We reserve the right, in our sole discretion, to occasionally change the HandyMate rates for any service without notice to you.  We may provide you with the HandyMate rate and the minimum charge when you accept a job but are under no obligation to do so. You have the responsibility of keeping up to date about the current HandyMate rates and minimum charges for the category of freelance service job you accept.

We will charge a service fee once you have accepted a job, and this shall be a percentage of the total freelance service payment amount. We will automatically deduct the service fee from the freelance service payment that we will deposit into your account.

Once you have finished the task, you agree to use the platform to enter the number of units based on the HandyMate rate for the relevant freelance service category as well as the price of any required materials, and we will use this information to create an invoice. 

Upon the creation of an invoice, the agreed-upon payment will be transferred from the requester’s account to your account on the Friday following the week in which the freelance service was provided.

You agree that the payment processor may apply a fee for processing the payment and that this may change without notice, subject to the fee set out by the payment processor.

Taxes

Except for applicable taxes indicated on your Invoice, we do not collect or remit any taxes for any Home Service Payments received in any jurisdiction. The payment rate used for computing Home Service Payments paid to TeamMates is inclusive of any and all applicable federal, provincial, local, or other fees or taxes owed by such TeamMates. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our Service and that in no event will we be responsible for your own statutory remittances including but not limited to income tax, HST/GST, CPP, EI or any similar taxes or contributions as are legally required. You further acknowledge that HandyMate has advised you to seek independent tax counsel regarding independent contractor status. 

You further agree to indemnify and hold HandyMate Inc and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Service.

Professional Conduct

You may not use the service for any commercial purpose, and you agree to the following in your use of the services:

That you will not assign a job or otherwise send another individual to the location in your place to complete the job;

That you will not use the service to facilitate the violation of any regulation, law, or statute in Canada;

That you will not use the service to provide any type of consultation, advice, or professional services outside the freelance service categories provided by our website;

That you will not contact or endeavor to contact a requester for a reason other than for the purpose of performing requested services;

That you will not share any information regarding a requester, the location, or the job, with any third party;

That you will not use the HandyMate service to abuse, threaten, harass, stalk, or otherwise violate the legal rights of others;

That you will not accept a reduced payment, contact a user regarding a negative review, or exchange a payment in order to avoid a negative review;

That you will not provide incorrect, misleading, or inaccurate information as per your ability or qualification to provide freelance services, as per the cost of materials used for a job, and as per the units in time or work done;

And that you will not contact, negotiate, or accept jobs from requesters or users you have connected with through the HandyMate outside of the service;

That you will not divulge any personal information pertaining to any client with which you provide services or interact with in any case.

Non-Circumvention

You agree that for 12 calendar months following your performance or completion of a job for a requester, you will use the service as your sole method to request, make, and receive payments for any services provided directly or indirectly to that requestor or emerging out of your relationship with that requestor.

Disputes and Release

You understand that this service is only a platform for connecting users and that we are not in any way involved in the actual contract between users. You are exclusively responsible for your interactions with other users. 

In the case of a dispute with one or more requesters, you release HandyMate Inc. from any and all claims, damages, or demands of every kind and nature arising out of or in any way connected with such disputes.

No Guarantee

We make no guarantee as per the availability of requests or jobs, payment by requesters, or the ability of any freelancer to make any income from his or her use of the service. 

We give no assurance that the requesters will require the level of work and type of freelance service you have specified in your request, that the requestor will be at the location, or will not cancel the job at any time. 

We make no guarantee as to the safety of any freelancer entering a location and advise that all freelancers act with reasonable care and regard for their safety when accepting a job, traveling to the location, arriving at the location, or completing the job. 

We do not guarantee any requestor’s ability or willingness to pay for the freelancer’s services.

Termination

We reserve the right to suspend, terminate, or deactivate your account if we suspect that you have misused our services; used the services to violate any law or any term of this agreement; consistently provided unsatisfactory work; constantly canceled or failed to complete jobs; or if your ratings fall below a certain minimum as determined by us. 

If we terminate, deactivate, or suspend your user account, you must immediately cease use of our service and end all communication with users you have previously connected with through the service.

TeamMate Section

TeamMates are independent contractors of clients. You agree that you are not employees, partners, representatives, agents, joint ventures, or franchisees of HandyMate. TeamMates work independently to perform work for users contacted through the HandyMate/TeamMate applications and are in no way supervised, controlled, or monitored by HandyMate with regards to their work. A TeamMate takes on responsibility and liability for any work they perform through the HandyMate/TeamMate application. HandyMate Inc. expressly disclaims any responsibility and liability for the work performed and the tasks in any manner, including but not limited to a warranty or condition of services rendered, and compliance with any laws, regulations, or codes.