Terms and Conditions
Last Updated: Feb 1, 2016
These terms and conditions of use (“Terms and Conditions” or “Agreement”) apply to your access to and use of any materials, content or services provided through Butler At Your Service Inc.’s mobile applications, websites and other online products and services (collectively, the “Services”), owned and operated by Butler At Your Service Inc. (“Butler At Your Service”, “we”, “us”, “our”). By accessing and using the Services, you accept and agree to be bound by these Terms and Conditions, and all applicable laws and regulations.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
Your use of the Services is subject to these Terms and Conditions. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Services.
Updates to Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time without notice to you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will ensure that the latest, fully-amended version of these Terms and Conditions are published on the Services. You are responsible for regularly reviewing the Services to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate your agreement to these Terms and Conditions as set out above. If you continue to use the Services after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Services.
License to Use
Subject to these Terms and Conditions, we grant you permission to access the Services as a personal, non-exclusive, non-transferable, limited license to use the Services for transitory, non-commercial purposes, provided that with respect to any materials obtained from the Services, you may not:
modify, copy, reproduce or create derivative works of such materials, except as explicitly provided;
use materials for any commercial purpose;
distribute or transmit materials;
publicly display, publish, perform the materials (for any purpose, commercial or non-commercial);
create derivative works from, transfer or sell any materials;
attempt to decompile or reverse engineer any software or database contained in or access through the Services; or
remove any copyright or other proprietary notations.
without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to provide links to the Services through email, social media, or other similar methods, provided that such methods do not involve framing or embedding of any portion of the Services within another service, imply any affiliation between you and us, or you and the Services, or portray us or the Services in a false, misleading, derogatory or otherwise defamatory manner.
The Services act as a digital platform that enable users of Butler At Your Service’s mobile applications or websites to arrange and schedule for a third party technical service provider (“Technician”) to provide trades related services to a customer (“Customer”) in exchange for a fee (“Customer Fee”). Technicians provide trades related services including but not limited to repair and maintenance work in and around homes.
Neutral Platform – Butler At Your Service is a neutral platform that provides a way for Technicians and Customers to connect. We are not involved in the transaction between Technicians and Customers. As a result, we do not have control over the quality, safety or legal aspects of the transactions that take place using our Services. Butler At Your Service does not pre-screen Technicians with respect to their licensure, insurance and registration. You acknowledge that Butler At Your Service does not provide trades related services or function as a Technician and will not assist you in either the provision or receipt of the Services. Furthermore, we cannot and will not in any manner verify, confirm or guarantee the identity or ability of Customers to pay Technicians for services rendered. You acknowledge and agree that any all communications, correspondence, verbal or written, or any warranties or representations, made with regard to a transaction between a Customer and Technician, are not provided by us and are specifically and solely between you and the other user. As we are not involved in the actual transaction between Customers and Technicians, we have no control over the accuracy of listings or the ability of Technicians to complete order.
Commission Basis – Butler At Your Services operates on a commission basis. This means that we collect a fee from the Technician every time a Technician is paid by a Customer (“Technician Fee”).
Technicians – You many become a Technician with us by signing up for an account (see “Your Account” and “Eligibility” below) and by abiding by these Terms and Conditions. As a Technician, you are able to use the Services to connect with Customers and advertise, arrange, schedule and provide your own trades related services to a Customer.
Customers – You may become a Customer with us by signing up for an Account (see “your Account” and “Eligibility” below) and by abiding by these Terms and Conditions. As a Customer, you are able to use our Services to connect with Technicians and arrange, schedule and receive the Technicians’ trades related services.
To use our Services as a Technician or a Customer, you must sign up for an account (“Account”) by providing the following information:
your full legal name;
your current address;
your valid email address;
any other information required.
The Services are intended solely for users who are at least 18 years of age (or the age of majority in your jurisdiction) or older, and any registration, use or access to the Services by anyone under such age, unless an emancipated minor (where that term is legally effective), is unauthorized, unlicensed, and in violation of these Terms and Conditions.
In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission.
You must not register for an Account on behalf of any individual other than yourself , or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms and Conditions and we have no obligation to investigate the authorization or source of any such access or use of the Services.
Terms of Payment
The following terms and conditions of payment (“Payment Terms”) apply to your Technician Fees if you are a Technician and to your Customer Fees if you are a Customer, except to the extent that you may agree to any other terms at the time of payment, in which case those terms will be incorporated herein by reference. Your purchase and payment of and through the Services may be linked to your Account.
Payment Terms – We accept payment by credit card, cash, cheque .
Service Availability and Pricing – We continually review and revise our service offerings, and may revise or discontinue offering any service at any time without prior notice. All prices are subject to change without notice.
Service Description or Pricing Errors – We attempt to be as accurate as possible and to eliminate errors on the Services. However, we do not warrant that service descriptions, photographs, pricing or any other Content is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the corrected price or cancel the order, and your sole remedy in the event of such error is to cancel the order.
Copyright – the Services and all Content is owned and copyrighted by Butler At Your Service Inc. and/or its licensors, and is licensed to you in accordance with these Terms of Service only.
Trademark – the trademarks, logos, and service marks displayed on or through the Services are the property (whether registered or unregistered) of Butler At Your Service Inc., its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Copyright Complaints – if you believe that any Content on the Services infringes upon any copyright or other intellectual property that you own or control, you may send a written notification of such infringement to email@example.com.
Infringer and Repeat Infringer – we reserve the right to terminate, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Services, or terminate the Account, of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
In these Terms and Conditions, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.
Our Content – Except where expressly stated otherwise, all right, title and interest in and to the Services and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Services (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the Services or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the Services as set out herein.
Third Party Content – Content accessed or available through the Services or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Services or these Terms and Conditions grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Services as set out herein.
Your Content – The Services may contain bulletin board, chat, forum, social media, comments or other communication services. We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transfer to us, or any third party, using the Services (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party using the Services, whether or not through use or, or associated with, your Account:
you will be deemed to have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to provide the Services as it may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Terms and Conditions;
you will be deemed to have thereby confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above; and
you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
Data Protection – We will and have established commercially reasonable security measures to ensure that our personnel only use Your Content in accordance with the license granted under these Terms and Conditions.
Deletion of Your Content – You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Services to you or others, subject always to your license to us set out above, even if you delete your Account to which Your Content is connected. If permitted by the functionality of the Services, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.
Responsibility for Content – You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you using the Services.
Public Transmission and Caching – You acknowledge and agree that the technical processing and transmission of the Services, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Feedback – All right, title and interest in and to comments, ideas, suggestions and impressions of the Services and our products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.
Compliance and Complaints – We do not have any obligation to censor or review any of Your Content, to censor or review any Third-Party Content or to monitor use of the Services. However, you agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Services and monitor, review and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce these Terms and Conditions, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Services by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Services, including your Account, and remove Your Content from our servers.
Acceptable Use and Prohibitions
In addition to any other terms or conditions regarding your use of the Services in these Terms and Conditions, we may require you to agree to specific terms for particular services, products or areas of the Services from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms and Conditions.
Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms and Conditions, you must ensure that:
you only use the Services for lawful purposes; and
if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms and Conditions, you agree that you will not, in connection with the Services, directly or indirectly do or permit any of the following:
post, upload, reproduce, distribute or otherwise transmit any Content that
is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
is defamatory, infringing, or unlawful,
is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,
constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;
engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services;
impersonate or falsely represent your association with any person, including a representative of us;
disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
disable or circumvent any access control or related process or procedure established with respect to the Services;
sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, any Services, except where expressly authorized by us;
harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or
harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Services or to extract data, collect information or otherwise interact with the Services.
We may, in our sole discretion, suspend, restrict or terminate your use of the Services, including your Account, and Your Content, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Services or our or any third party’s equipment or network is impaired by your use of the Services, we have received a third party complaint which relates to your use or misuse of the Services, or you have been or are in breach of any term or condition of this Agreement.
You acknowledge and agree that termination, curtailment, or suspension of these Terms and Conditions for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account and Your Content, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Services is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party.
Disclaimers, Limits of Liability and Indemnities
Internet-Based Limitations – Your use of the Services depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Customer Acknowledgement – You acknowledge and agree that (i) all use of the Services provided by us is at your own risk, (ii) the Content that you may access while using the Services may contain links to other services, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such services or the information contained therein, and (iii) all Services provided under these Terms and Conditions are provided on an “as is” and “as available” basis.
Disclaimer of Warranties – We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
No Liability – Notwithstanding any other provision of these Terms and Conditions, in no event will we, our affiliates, or our controlling parties, agents, employees, suppliers, licensors, resellers or distributors (collectively in these disclaimers and limitations, “we” or “us”) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms and Conditions or the Services, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:
sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Services;
any suspension, curtailment, restriction, termination or other limitation placed on your use of the Services, or your Account;
any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of the Services or related components;
the performance of the Internet or the Services;
the content or accuracy of any material, information or data (including any software) related to these Terms and Conditions or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Services, including material that infringes the rights of others or otherwise violates laws or regulations; and
delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.
No Liability arising from Technician Action or Omission – Notwithstanding any other provision of these Terms and Conditions, in no event shall we be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages in property, for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to the actions or omissions of any Technician, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable. This Section 12 applies equally to any and all assistants, employees and personnel of the Technicians as it does to the Technicians.
Indemnity By You – You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Services or your Account, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and Conditions and any violation of any third party rights.
Interpretation – In these Terms and Conditions,
the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions,
the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected,
all references to Services addresses or URLs shall also include any successor or replacement Services containing substantially similar information as the referenced Services(s), and
any monetary amounts expressed are in Canadian dollars.
Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict or terminate your access to any portion of the Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability – If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Arbitration – Any claim or dispute arising out of or in connection with the Terms and Conditions and involving Butler At Your Service that is not settled through negotiation within thirty (30) days, will be submitted by the parties to binding arbitration pursuant to the Arbitration Act, RSBC 1996, ch 55. The party requesting such arbitration will do so by written notice to the other party. Each party will bear its own costs relating to the arbitration and the parties shall equally share the fees of the arbitrator(s).
Governing Law and Jurisdiction – These Terms and Conditions and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms and Conditions.
Assignment and Inurement – We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms and Conditions shall survive termination or expiration of these Terms and Conditions.
Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms and Conditions or your use of the Services.
Entire Agreement – These Terms and Conditions, as amended from time to time, including any and all documents, Services, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
Questions and Concerns:
If you have any questions or concerns about these Terms and Conditions, please contact us at firstname.lastname@example.org.