Term of use
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 48 TO 51
- Services Connect Professionals and Requesters. DishwasherHero provides an online marketplace that connects Users who are willing to provide Professional Services (“Professional(s)”) with Users who are looking for Professionals (“Requesters”). Each Requester request for Professional Services (a “Booking Request”) to be provided by one or more Professionals (the “Professional Services”) is hereinafter referred to as a “Mission”. DishwasherHero does not employ Professionals, so the actual contracts for Professional Services are directly between Requesters and Professionals. In providing the Service under this Term of Use it is expressly agreed that the Talent is acting as an independent contractor and not as an employee. Therefore the Requester is solely responsible for any damages due to its negligence and liable for any injuries occurred at is workplace and to pay any indemnity to Talent. Requester agrees not to claim any damages to DishwasherHero resulting from injuries to Talent. No joint venture, partnership, employment, or agency relationship exists between any User, Talent and DishwasherHero as a result of these Terms, or the use of the DishwasherHero Platform.DISHWASHERHERO OFFERS INFORMATION AND A METHOD FOR REQUESTERS TO REQUEST PROFESSIONAL SERVICES AND TO CONTRACT WITH ONE OR MORE PROFESSIONALS TO PROVIDE PROFESSIONAL SERVICES, BUT DISHWASHERHERO DOES NOT PROVIDE PROFESSIONAL SERVICES AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES PROVIDED TO YOU BY PROFESSIONALS.
- DishwasherHero Platform is Solely a Venue for Communication. The DishwasherHero Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters”) and/or individuals seeking to provide services (“Professionals”). Requesters and Professionals together are referred to as “Users”. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services”. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the DishwasherHero Platform. DISHWASHEHERO, THROUGH THE DISHWASHERHERO PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS AN STAFF AGENCY, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. DISHWASHERHERO IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- Background Checks. DishwasherHero checks the backgrounds of Professionals via third party background check services to the extent permitted by applicable law. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE DISHWASHERHERO PLATFORM, THE REQUESTER AGREES TO HOLD DISHWASHERHERO FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. DISHWASHERHERO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
- While DishwasherHero supplies Requesters with Professionals who are available to provide Professional Services for Missions and facilitates these Missions by supplying a medium for exchange of money between Requesters and Professionals, DishwasherHero does not take part in the interaction between Users. We do not have control over the quality, timing, legality, or failure to provide Professional Services or any aspect whatsoever of any ratings provided by Users, or of the integrity, responsibility, or any actions of any Users. DishwasherHero makes no representations about the suitability, reliability, or timeliness of the Professional Services provided by Professionals. Although DishwasherHero may take all the necessary precaution with background check of all the User, DishwasherHero we cannot confirm that each User is who they claim to be. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You are solely responsible for your interactions with other Users of DishwasherHero Platform and any other parties with whom you interact through DishwasherHero Platform. NEITHER DISHWASHERHERO NOR ITS AFFILIATES OR THIRD PARTY PROVIDERS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. DISHWASHERHERO AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF DISHWASHERHERO PLATFORM.
- Use of the Services and DishwasherHero Platform. DishwasherHero Platform and the information and content available on DishwasherHero Platform are protected by copyright laws throughout the world. Subject to the Terms, DishwasherHero grants you a limited license to reproduce portions of DishwasherHero Platform for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by DishwasherHero in a separate license, your right to use any DishwasherHero Platform is subject to the Terms.
- Employment and Withholding. Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of DishwasherHero. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. Professionals may wear a DishwasherHero badge or other DishwasherHero insignia purely for the purpose of identifying themselves as a Professional contacted through the DishwasherHero Platform. DishwasherHero is not an employment service and does not serve as an employer of any Professional. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, Canada Pension Plan or payroll withholding tax in connection with your use of Professional Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Professional Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.
- Application License. Subject to your compliance with the Terms, DishwasherHero grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit DishwasherHero Platform or any portion of DishwasherHero Platform, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other DishwasherHero Platform (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using DishwasherHero’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of DishwasherHero Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access DishwasherHero Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of DishwasherHero Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in DishwasherHero Platform. Any future release, update or other addition to DishwasherHero Platform shall be subject to the Terms. DishwasherHero, affiliates and third party providers reserve all rights not granted in the Terms. Any unauthorized use of DishwasherHero Platform terminates the licenses granted by DishwasherHero pursuant to its Terms.
- Registration. Registering Your Account. In order to access certain features of DishwasherHero Platform you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website or through the Application (“Account”).
- Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18+) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using DishwasherHero Platform under the laws of the United States or Canada, your place of residence or any other applicable jurisdiction. As a User, you are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of DishwasherHero Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify DishwasherHero immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or DishwasherHero has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DishwasherHero has the right to suspend or terminate your Account and refuse any and all current or future use of DishwasherHero Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use DishwasherHero Platform if you have been previously removed by DishwasherHero, or if you have been previously banned from any of DishwasherHero Platform. In addition, if you are registering to become a certified agent in your field of practice, you represent that your certificate or registration number (or other applicable government or administrative licensing organization or professional association) (“License”) is valid and in force; you agree to provide a clear headshot of your likeness for your profile; and you represent to DishwasherHero that your License/Certificate or Registration will remain in force for so long as you make yourself available to provide Professional Services hereunder.
- Requester Terms. The following terms apply to Users who are Requesters: You acknowledge and agree that DishwasherHero does not and cannot guarantee that Professionals will be available to fulfill your Booking Requests. The fee that DishwasherHero will charge for a Booking Request will be listed on the page where Requester submits its Booking Request. DishwasherHero, at its sole discretion, may make promotional offers with different features and different rates to any Requester. These promotional offers, unless made to you, shall have no bearing whatsoever on the amount you owe to DishwasherHero. If your Booking Request is for Professional Services on a recurring basis (i.e., weekly or monthly) (a “Recurring Mission”), DishwasherHero will charge you at the end of each week period for Professional Services within such week period. If your Booking Request is for Professional Services at a single event (a “Single Mission”), DishwasherHero will charge you upon completion of the Single Mission. DishwasherHero will preauthorize and charge your credit card for the hours worked by the Professionals hired by you, and you hereby authorize DishwasherHero to charge your credit card for such amounts. Payments made to DishwasherHero are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the DishwasherHero Platform either planned, accidental, or intentional, or any other reason whatsoever. DishwasherHero has no obligation to provide refunds or credits, but may grant them in extenuating circumstances in DishwasherHero’s sole discretion, such as to correct any errors made by DishwasherHero. Requester will be liable for all transaction taxes on the Professional Services provided by Professionals (other than taxes based on DishwasherHero’s income).
- Professionals Terms. The following terms apply to Users who are Professionals: Once a Requester submits a Booking request, DishwasherHero selects the Professionals who will receive notice of and be invited to provide the requested Professional Services. If you are selected by the DishwasherHero to provide Professional Services for a Requester who has requested such services, DishwasherHero will notify you by email or text message of the Mission, providing you with the date, hours and location of the Mission (the “DishwasherHero Notice”). You agree that you shall notify DishwasherHero within 30 minutes of receipt of the DishwasherHero Notice if you are unable to provide the requested Professional Services, and that your failure to respond to the DishwasherHero Notice within such time period shall constitute your acceptance of the Mission. After you have indicated your availability to provide Professional Services for a Mission, DishwasherHero will notify you whether the Requester has engaged you to provide the Professional Services. You acknowledge and agree that DishwasherHero does not and cannot guarantee that you will be selected to provide any Professional Services or that any Requester will engage you to perform Professional Services for which you have indicated you are available. You represent that you are duly licensed (as applicable) and have the experience, qualifications and ability to provide Professional Services. You further represent that you shall use your best efforts to perform the Professional Services for any Missions for which you are selected and which you have accepted, such that the results are satisfactory to the Requesters who requested such Missions. You hereby represent and affirm that you have not been convicted of a crime, which does not include the following: (i) minor traffic infractions; (ii) misdemeanor convictions more than two years ago for the possession, transportation or furnishing of marijuana, or for the possession of instruments or paraphernalia related to the use of marijuana or similar controlled substances, or presence where such substances were used; or (iii) convictions which have been expunged or sealed by the court. For each Mission that you perform, DishwasherHero will pay you the fees specified on your Dashboard page. The payment shall be made within 30 days after the month in which DishwasherHero received Requester’s payment for your Professional Services. DishwasherHero has no obligation to pay you for any Professional Services for which DishwasherHero does not receive payment from the relevant Requester. You acknowledge and agree to comply with the terms and conditions of the DishwasherHero’s Professional Services Agreement. You acknowledge and agree that DishwasherHero provides the Website and Application for the purposes of connecting Professionals with prospective Requesters and that there is no (i) employment, (ii) part-time employment, (iii) consulting, (iv) contractor, or (v) joint-venture relationship whatsoever between DishwasherHero and you.
- No Circumvention. The value of the DishwasherHero rests in its thriving marketplace of Requesters and Professionals. It is a violation of the Terms to (a) intentionally avoid the payment of fees by arranging Missions with Professionals outside of the context of the DishwasherHero Platform, or (b) for a Talent to knowingly accept a Mission with the intention of delegating the performance of the Professional Services to another security Talent.
- Payment. Each User understands and agrees that: The transmission of funds in the manner described herein is not a separate and discrete service that DishwasherHero provides in addition to the Services. DishwasherHero acts as agent of each User and not as a trustee or fiduciary with respect to payments received through DishwasherHero. DishwasherHero will not voluntarily make your funds available to its creditors in the event of bankruptcy. You agree that DishwasherHero has sole discretion over the establishment and maintenance of any Pooled Account. You agree that you will not receive interest or other earnings on the funds that DishwasherHero handles as your agent and places in a Pooled Account. In consideration for your use of DishwasherHero Platform, you irrevocably transfer and assign to DishwasherHero any ownership right that you may have in any interest that may accrue on funds held in a Pooled Account. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants DishwasherHero any ownership right to the principal of the funds you maintain with DishwasherHero. In addition to or instead of earning interest on Pooled Accounts, DishwasherHero may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds. You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, DishwasherHero will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by DishwasherHero. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. DishwasherHero will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by DishwasherHero using the preferred payment method designated in your Account, after which DishwasherHero will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DishwasherHero may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and DishwasherHero, DishwasherHero reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DishwasherHero’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DishwasherHero will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DishwasherHero may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, DishwasherHero does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by DishwasherHero (on DishwasherHero’s website, in the Application, or in DishwasherHero’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that DishwasherHero provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
- Term of Cancellation of Professional Services; Survival.a. Term.This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.b. Termination by DishwasherHero.To the extent permitted by applicable law, we may terminate this Agreement or terminate or suspend your right to use the DishwasherHero Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the DishwasherHero Platform, or if we otherwise find that 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. Except in the event that we terminate or suspend your right to use the DishwasherHero Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, 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 your account, DishwasherHero may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You.You may terminate this Agreement by completely and permanently ceasing to use the DishwasherHero Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the DishwasherHero Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by DishwasherHero.
d. Cleaning Plan with a 3 month Minimum Commitment.If You have selected a cleaning plan with a minimum commitment, You will be subject to and charged a $250 cancellation fee should You elect to terminate the cleaning plan prior to the expiration of the minimum commitment period.
(i) Minimum Commitment Plan Term: Your minimum commitment plan term commences on the date of Your first Booking until the 90th day included.
(ii) Minimum Commitment Plan Cancellation Fee: If You have selected a cleaning plan with a 3 months minimum commitment, You will be subject to and charged a cancellation fee up to $250 in the US and CAN, and GBP200 in the UK should You elect to terminate the cleaning plan prior to the expiration of Your minimum commitment period.
(iii) Rescheduling Cleaning Plan Bookings during the Minimum Commitment Period: You can reschedule any cleaning plan Booking for free at least 48 hours in advance of the scheduled start time, provided such rescheduled Booking will occur within the minimum commitment period. If You reschedule between 48 hours before a scheduled Professional Service appointment, You will be charged a $25 fee. If You reschedule on the same day before a scheduled Professional Service reservation, You will be charged $25 for the Professional Service amount. If you skip any Booking within the minimum commitment period or reschedule any cleaning plan Booking within the minimum commitment period to outside of the minimum commitment period, Your credit card will be charged for a minimum of 4 hours of the booking with applicable administration fees. No monetary refunds will be provided for cleaning plan Bookings that are skipped within the minimum commitment period or any cleaning plan Booking within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if You skip any cleaning plan Booking between 48 hours before a scheduled appointment, You will also be charged an additional $25 cancellation fee and if You skip any cleaning plan Booking during the 48 hours before a scheduled appointment, You will be charged $25 of the Booking.
e. Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment and Cleaning Plans after completion of the Minimum Commitment period.DishwasherHero’s cancellation for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the DishwasherHero Platform at any time, subject to the following. If a Requester cancels more than 48 hours before a scheduled Professional Service appointment, the cancellation fee is $25. If a Requester cancels between in less than 48 hours before a scheduled Professional Service appointment, the Requester will be charged a cancellation fee of $25. If the Requester cancels on the same day of the Booking, the Requester will be charged for a minimum of 4 hours. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the DishwasherHero Platform.
f. Policy for Service Cancellation by Requester.DishwasherHero’s cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the DishwasherHero Platform at any time, subject to the following. If a Requester cancels more than 48 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between in less than 48 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee. If the Requester cancels on the same day of the scheduled Professional Service appointment, the Requester will be charged 4 hours of the Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the DishwasherHero Platform.
g. Policy for Service Cancellation by Professional.When a Professional cancels a scheduled Professional Service appointment, the DishwasherHero Platform generally notifies the Requester and makes the Requester’s Professional Service request available for another Professional to select. However, DishwasherHero cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
g. Survival.All provisions that should by their nature survive the expiration or termination of this Agreement.
- Release. Because DishwasherHero is not involved in the actual contracts between Professionals and Requesters or in the completion of a Mission, in the event that you have a dispute with one or more Users, you hereby release DishwasherHero, its affiliates, and third party providers (and our officers, directors, agents, investors, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. DishwasherHero reserves the right, but has no obligation, to intercede in any disputes between Users.
- Responsibility for Content. – Types of Content. You acknowledge that all information, data, text, images and/or other materials accessible through the DishwasherHero Platform (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not DishwasherHero, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through DishwasherHero Platform (“Your Content”), and other Users of DishwasherHero Platform, and not DishwasherHero, are similarly responsible for all Content they Make Available through DishwasherHero Platform (“User Content”). You agree that you will not make available any Content that contains nudity, violence, sexually explicit, or offensive subject matter. No Obligation to Pre-Screen Content. You acknowledge that DishwasherHero has no obligation to pre-screen Content (including, but not limited to, Your Content and other User Content), although DishwasherHero reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that DishwasherHero pre-screens, refuses or removes any Content, you acknowledge that DishwasherHero will do so for DishwasherHero’s benefit, not yours. Without limiting the foregoing, DishwasherHero shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
- Ownership. DishwasherHero Platform. Except with respect to Your Content and other User Content, you agree that DishwasherHero and its suppliers own all rights, title and interest in DishwasherHero Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or acDishwasherHeroing DishwasherHero Platform.
- Trademarks. DishwasherHero’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with DishwasherHero Platform are the trademarks of DishwasherHero and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in DishwasherHero Platform are the property of their respective owners.
- Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in DishwasherHero Platform.
- Your Content. DishwasherHero does not claim ownership of Your Content. However, when you as a User make available Your Content on or in DishwasherHero Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- License to Your Content. Subject to any applicable account settings that you select, you grant DishwasherHero a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing DishwasherHero Platform to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not DishwasherHero, are responsible for all of Your Content that you Make Available on or in DishwasherHero Platform.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of DishwasherHero.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to DishwasherHero (“Feedback”) is at your own risk and that DishwasherHero has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to DishwasherHero a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of DishwasherHero Platform.
- Reviews. The Services may in the future host Requester reviews or ratings of Professionals, which are user generated content. Such reviews or ratings are Requester opinions, are not the opinion of DishwasherHero, and have not been verified by DishwasherHero. You agree that DishwasherHero is not liable for any reviews or ratings.
- No Solicitation. The Services may not be used to solicit for any other business, website or services. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Services facilitated through DishwasherHero Platform. You may not use the Services to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of DishwasherHero.
- Investigations. For Professionals who register to provide Professional Services with DishwasherHero, DishwasherHero will, at the time such User registers with DishwasherHero, confirm that organization which provide certification/registration or permit or licence the Talent registration number provided by such User is valid and in force. DishwasherHero does not conduct any other background checks or investigations of its Users. DishwasherHero may, but is not obligated to, monitor or review DishwasherHero Platform and Content at any time. Without limiting the foregoing, DishwasherHero shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although DishwasherHero does not generally monitor User activity occurring in connection with DishwasherHero Platform or Content, if DishwasherHero becomes aware of any possible violations by you of any provision of the Terms, DishwasherHero reserves the right to investigate such violations, and DishwasherHero may, at its sole discretion, immediately terminate your right to use DishwasherHero Platform, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and DishwasherHero and not with the App Store. DishwasherHero, not the App Store, is solely responsible for DishwasherHero Platform, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with DishwasherHero Platform, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using DishwasherHero Platform, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
- Indemnification. You agree to indemnify and hold DishwasherHero, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “DishwasherHero Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, DishwasherHero Platform or Professional Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; or (f) if you are a Talent, your performance of Professional Services. DishwasherHero reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DishwasherHero in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to DishwasherHero Platform.À
- Disclaimer of Warranties. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF DISHWASHERHERO PLATFORM IS AT YOUR SOLE RISK, AND DISHWASHERHERO PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DISHWASHERHERO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DISHWASHERHERO PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) DISHWASHERHERO PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF DISHWASHERHERO PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE QUALITY OF THE PROFESSIONAL SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DISHWASHERHERO MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- No Liability for Conduct of Other Users. YOU ACKNOWLEDGE AND AGREE THAT THE DISHWASHERHERO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DISHWASHERHERO PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS, AND THAT THE RISK OF ANY INJURY RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DISHWASHERHERO PLATFORM. YOU UNDERSTAND THAT DISHWASHERHERO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF DISHWASHERHERO PLATFORM EXCEPT AS SET FORTH IN SECTION 12.1. DISHWASHERHERO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF DISHWASHERHERO PLATFORM, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF PROFESSIONAL SERVICES BY PROFESSIONALS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DISHWASHERHERO PLATFORM.
- Limitation of Liability – Disclaimer of Certain Damages. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DISHWASHERHERO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DISHWASHERHERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DISHWASHERHERO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DISHWASHERHERO PARTIES BE LIABLE FOR ANY LOSS OF USE, DATA, OR PROFITS, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH DISHWASHERHERO PLATFORM, WHETHER OR NOT DISHWASHERHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF DISHWASHERHERO PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE DISHWASHERHERO PLATFORM OR PROFESSIONAL SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PROFESSIONAL SERVICES IF YOU ARE UNABLE TO SECURE PROFESSIONAL SERVICES THROUGH THE DISHWASHERHERO PLATFORM; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DISHWASHERHERO PLATFORM; (5) THE PERFORMANCE OF PROFESSIONAL SERVICES BY PROFESSIONALS, OR OTHERWISE ARISING OUT OF OR RELATED TO MISSIONS; OR (6) ANY OTHER MATTER RELATED TO DISHWASHERHERO PLATFORM, PROFESSIONAL SERVICES, OR MISSIONS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL DISHWASHERHERO PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY DISHWASHERHERO AS A RESULT OF YOUR USE OF DISHWASHERHERO PLATFORM DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AGAINST DISHWASHERHERO PARTIES AROSE. IF YOU HAVE NOT PAID DISHWASHERHERO ANY AMOUNTS DURING SUCH PERIOD, DISHWASHERHERO’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50). DISHWASHERHERO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DISHWASHERHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISHWASHERHERO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DISHWASHERHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISHWASHERHERO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DISHWASHERHERO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DISHWASHERHERO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY U.S. OR CANADIAN DOLLARS ($50).
- Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- User Content. DISHWASHERHERO PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT).
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DISHWASHERHERO AND YOU.
- Termination and Suspension. DishwasherHero may terminate or suspend your right to use DishwasherHero Platform at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services. Without limitation, DishwasherHero may terminate or suspend your right to use DishwasherHero Platform if you breach any provision of the Terms or any policy of DishwasherHero posted through DishwasherHero Platform from time to time; if DishwasherHero otherwise finds that you have engaged in inappropriate and/or offensive behavior; if DishwasherHero believes you are creating problems or possible legal liabilities; if DishwasherHero believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if DishwasherHero believes you are infringing the rights of third parties; if DishwasherHero believes you are acting inconsistently with the spirit of these Terms; if despite our reasonable endeavors, DishwasherHero is unable to verify or authenticate any information you provide; or if you fail to pay all fees due for our Services by the payment due date. In addition to terminating or suspending your Account, DishwasherHero reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.
- Remedies – Violations. If DishwasherHero becomes aware of any possible violations by you of the Terms, DishwasherHero reserves the right to investigate such violations. If, as a result of the investigation, DishwasherHero believes that criminal activity has occurred, DishwasherHero reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. DishwasherHero is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in DishwasherHero Platform, including Your Content, in DishwasherHero’s possession in connection with your use of DishwasherHero Platform, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims by Users related to any Missions; (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of DishwasherHero, its Users or the public, and all enforcement or other government officials, as DishwasherHero in its sole discretion believes to be necessary or appropriate.
- Breach. In the event that DishwasherHero determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for DishwasherHero Platform, DishwasherHero reserves the right to:a. Warn you via e-mail (to any e-mail address you have provided to DishwasherHero) that you have violated the Terms;
b. Delete any of Your Content provided by you or your agent(s) to DishwasherHero Platform;
c. Discontinue your registration(s) with any of DishwasherHero Platform;
d. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
c.Pursue any other action which DishwasherHero deems to be appropriate.
- No Subsequent Registration. If your registration(s) with or ability to access DishwasherHero Platform, or any other DishwasherHero community is discontinued by DishwasherHero due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access DishwasherHero Platform or any DishwasherHero community through use of a different user name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those DishwasherHero Platform to which your access has been terminated. In the event that you violate the immediately preceding sentence, DishwasherHero reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- General Provisions – Electronic Communications. The communications between you and DishwasherHero use electronic means, whether you visit DishwasherHero Platform or send DishwasherHero e-mails, or whether DishwasherHero posts notices on DishwasherHero Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from DishwasherHero in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DishwasherHero provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You hereby release DishwasherHero Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of DishwasherHero Platform or any Missions or Professional Services arranged in accordance with these Terms, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms, your use of DishwasherHero Platform, or any Missions or Professional Services arranged pursuant to these Terms. The Requester knowingly agrees to waive his unilateral right of termination.
- Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DishwasherHero’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. You may not assign these Terms without DishwasherHero’s prior written approval. DishwasherHero may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DishwasherHero’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, DishwasherHero or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DishwasherHero’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DishwasherHero in writing.
- Force Majeure. DishwasherHero shall not be liable for any delay or failure to perform any Services resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. DishwasherHero shall not be liable for any delay or failure by Professionals to perform Professional Services requested by Requesters.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to DishwasherHero Platform, please contact us at: DISHWASHERHERO INC. dba DishwasherHero at 4, Notre-Dame East, Suite 803, Montreal (Quebec) H2Y 1B8, Attn: Customer Service, calling (888) 601-1615, or emailing at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Limitations Period. YOU AND DISHWASHERHERO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, DISHWASHERHERO PLATFORM, CONTENT, OR ANY MISSIONS OR PROFESSIONAL SERVICES, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Arbitration and governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the Province of Quebec, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The exclusive venue and jurisdiction for any and all disputes, claims, and controversies arising from or relating to these Terms shall be the state courts located in the district of Montreal, Quebec.
- Arbitration dispute – Quebec and Canada. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and DishwasherHero, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and DishwasherHero are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and DishwasherHero otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by Institut de médiation et d’arbitrage du Québec (IMAQ). The Institut will govern the interpretation and enforcement of this Section.
- Arbitrator decision – Quebec and Canada. The arbitrator will render an award within the time frame. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. DishwasherHero will not seek, and hereby waives all rights DishwasherHero may have under applicable law to recover, attorneys’ fees and expenses if DishwasherHero prevail in arbitration.
- Mutual Arbitration Agreement – United States.
a. Informal Negotiations.To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and DishwasherHero, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and DishwasherHero may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to DishwasherHero. DishwasherHero’s address for such notices is: firstname.lastname@example.org and/or by mail to DishwasherHero Inc., Attn: Legal, 4, Notre-Dames Est, Suite 803, Montreal (Quebec) H2Y 1B8.
b. Arbitration.If a Dispute is not resolved through Informal Negotiations, you and DishwasherHero agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, DishwasherHero will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.c. Excluded Disputes.You and DishwasherHero agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
e. To fullest extent permitted by applicable law, You and DishwasherHero agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
f. Rules/Standards Governing Arbitration Proceeding.A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
g. Severability.You and DishwasherHero agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 18 will be given full force and effect.
- Notice. Where DishwasherHero requires that you provide an e-mail address, you are responsible for providing DishwasherHero with your most current e-mail address. In the event that the last e-mail address you provided to DishwasherHero is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, DishwasherHero’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notices to DishwasherHero at the following address: DISHWASHERHERO INC., DishwasherHero at 4, Notre-Dame East, Suite 803, Montreal (Quebec) H2Y 1B8, Attn: Requester Service. Such notice shall be deemed given when received by DishwasherHero by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
- 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. This Agreement constitutes the entire agreement between you and DishwasherHero with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to DishwasherHero. DishwasherHero’s address for such notices is: email@example.com and/or by mail to DishwasherHero Inc., Attn: Legal, 4, Notre-Dame Est, Suite 803, Montreal (Quebec) Canada H2Y 1B8. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by DishwasherHero, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. DishwasherHero shall have no liability to 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 DishwasherHero’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
- Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the DishwasherHero Platform. Your continued use of the DishwasherHero Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
- Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Export Control. You may not use, export, import, or transfer DishwasherHero Platform except as authorized by U.S. or Canadian law, the laws of the jurisdiction in which you obtained DishwasherHero Platform, and any other applicable laws. In particular, but without limitation, DishwasherHero Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using DishwasherHero Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties. You also will not use DishwasherHero Platform for any purpose prohibited by U.S. or Canadian law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by DishwasherHero are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. or Canadian government authorization, export, re-export, or transfer DishwasherHero products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Accessing and Download the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) the Terms are concluded between you and DishwasherHero only, and not Apple, and (ii) DishwasherHero, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between DishwasherHero and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DishwasherHero. You and DishwasherHero acknowledge that, as between DishwasherHero and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and DishwasherHero acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between DishwasherHero and Apple, DishwasherHero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and DishwasherHero acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- Consumer Complaints. In accordance with our consumer complaints policy, you may report complaints to the at (888) 601-1615
- Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Effective Date: October 1st, 2018
End of Terms