Conditions of Use
Acceptance of the App Terms and Conditions of Use
These App Terms and Conditions of use for Sawii Job and Sawii Job Pro, constitute a legal agreement and are entered into by and between the App user (“you”) and Sawii Job, Sawii Job Pro and Apptology Inc. * (“Company,” “we,” “us,” “our”). The following Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through Sawii Job and Sawii Job Pro (the “App”).
By using this App, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
Modifications to the Terms and Conditions and to the App
We reserve the right, in our sole discretion, to revise and update these Terms and Conditions at any time. Any and all such modifications are effective immediately upon posting and applies to all access to and the continued use of the App. You agree to periodically review the Terms and Conditions in order to be informed of any such modifications and your continued use shall constitute your acceptance of these Terms and Conditions.
The information and material on this App and the Website may be changed, withdrawn, or terminated at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or becomes unavailable at any time or for any period.
Your Use of the App and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed in order to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on the actions that you take. Users are responsible for obtaining their own access to the App. Users are required to ensure that all persons who access the App through the user’s internet connection are aware of these Terms and Conditions and they also must comply with them. The App, and its content, may require user registration. It is a condition of your use of the App that all the information you provide on the App is correct, current, valid and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential information, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure of logging out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access of your personal information.
We reserve the right at any time to deactivate or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, for any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this App, including, without limitation to: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting App owner’s ability to monitor the App; (f) using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the App.
Intellectual Property Rights and Ownership
You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission and consent of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such intellectual property, except with the express authorization, shall constitute an infringement or violation of the rights of the property owner and may constitute a violation of federal or other laws and could subject the infringer to legal action.
You may only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative work of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, in any form or medium whatsoever except:
- your computer or mobile may temporarily store, or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads.
Users are not permitted to modify copies of any materials from this App nor are they able to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use, for any commercial purposes, any part of the App or any services or materials available through the App.
If you print off, copy or download any part of our App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the App only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the App, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of services.
Without limiting the foregoing, you warrant and agree that your use of the App and any User Submissions shall not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited grounds that is otherwise objectionable, such determination is to be made by the Company’s sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and App Content Standards.
- Impersonate or attempt to impersonate the Company, a Company employee, another App user, or any other person or entity (including, without limitation to , by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent , sales, or encourage any other commercial activities, including, without limitation to , any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other App users or Company employees.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of License
The App may contain Interactive Functions allowing User Submissions on or through the App.
None of the User Submissions you submit to the App will be subject to any confidentiality by the Company. By providing any User Submission to the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without any compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company nor the Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute. You are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you, anyone who has access to your account or any other users of the App.
Site Monitoring and Enforcement, Suspension, and Termination
Company has the right, without provision of notice to:
- Remove or refuse to post on the App any User Submissions at any time for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation to, for violating the App and User Submissions and Site Content Standards or Terms and Conditions.
- Take appropriate legal action, including, without limitation to, the referral of law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized usage of the App. Without limiting the foregoing, we are required to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.
- Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation to, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the App or its use, and do not and cannot undertake to review material that you or other users submit to the App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The content on our App is provided for general information purposes only. It is not intended to amount to advice on which you should rely on. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our App.
Although we make reasonable efforts to update the information on our App, we make no representations, warranties, or guarantees, whether express or implied, that the content on our App is accurate, complete, or up to date. Your use of the App is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this App.
This App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, this App may provide links or pointers to third-party Apps. We make no representations about any other Apps that may be accessed from this App. If you choose to access any such Apps, you do so at your own risk. We have no control over the contents of any such third-party Apps and accept no responsibility for such Apps or for any loss or damage that may arise from your use of them. You are subject to any Terms and Conditions of such third-party Apps.
Such links to third-party Apps from this App may include links to certain social media features that would enable you to link or transmit on your own content from this App onto certain third-party Apps. You may only use these features when they are provided by us and solely with respect to the content identified.
All services or information made using this App are subject to the Terms and Conditions of service, found at [INSERT LINK TO TERMS AND CONDITIONS OF Service] also incorporated into these Terms and Conditions].
Additional Terms and Conditions may be applicable to parts or features of this App and are hereby incorporated by reference into these Terms and Conditions.
The owner of the App is based in the province of Ontario in Canada. We provide this App for use only by persons located in Canada. This App is not intended for use in any jurisdiction where its use is not permitted. If you access the App from outside Canada, you do so at your own risk, and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAWS.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OTHER APP LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED APPS OR SUCH OTHER THIRD-PARTY APPS, NOR ANY APP CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the App, including, but not limited to, your User Submissions, third-party sites, any use of the App’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
The App and these Terms and Conditions will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this App and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Reporting and Contact
This App is operated by Apptology Inc. *.
Should you become aware of misuse of the App including libelous or defamatory conduct, you must report it to the Company at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to email@example.com.
16 May 2023.
Service Provider Contract
- Once you agree to these terms, you enter into an agreement with Sawii Job Pro and Apptology Inc. * (the “Agreement”). By clicking “Yes, I agree” you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, and that you agree to be bound by the terms and conditions of this Agreement with Sawii Job Pro.
- Capitalized terms in this Agreement have the definitions assigned to them in section 16 (Definitions).
HOW LONG THE AGREEMENT LASTS
- This Agreement starts at the date and time that you accept these terms, and will continue until terminated in accordance with section 13 (Termination).
RELATIONSHIP BETWEEN THE PARTIES
- Under this Agreement, you are an independent contractor. You acknowledge that you are and remain at all times an independent contractor.
- Sawii Job Pro will not direct or control you generally or in your performance of Services, including your acts or omissions, or your operation and maintenance of your Service Method, except as expressly set out in this Agreement.
- There is no obligation of exclusivity under this Agreement. That means:
- you retain the right to use other software applications that connect you with on-demand work and/or to engage in any other occupation or business at any time, including while using the Sawii Job Pro App or while providing Services, and
- you are under no obligation to use the Sawii Job Pro App or provide Services.
- Sawii Job Pro enters into separate agreements with Consumers to provide Services. Under this Agreement you agree to provide Services to Sawii Job Pro which Sawii Job Pro resells to Consumers.
- As an independent contractor, you control your schedule. That means you:
- are not required to bid on any Lead or provide any Services,
- can go online or offline in the Sawii Job Pro App at your convenience and are not required to be online for any period or amount of time on a daily, weekly, or monthly basis, and
- can log in to the Sawii Job Pro App and bid on a Lead while anywhere within the geography of the Sawii Job Pro service area.
- As an independent contractor, you control how you provide Services. This means you choose how to obtain and maintain your preferred Service Method,
- As an independent contractor, you are not an employee. Under Applicable Law, an independent contractor in Canada:
- is not guaranteed a statutory hourly minimum wage or overtime pay, and there is no guarantee that there will be Leads in the Sawii Job Pro App, and
- is not guaranteed statutory vacation pay, holiday pay, or other payments that are typically associated with an employer-employee relationship.
- This Agreement does not create a relationship of legal partnership, agency, joint venture, or employment. This Agreement does not give you the authority to bind Sawii Job Pro, or to hold yourself out as a legal partner, agent, joint venturer, employee, or authorised representative of Sawii Job Pro. You will not make any statement or misrepresentation that you are in a relationship of agency, joint venture, legal partnership, or employment with Sawii Job Pro. Sawii Job Pro will not be bound by any agreement, guarantee, or representation that you make to any person, or by any action or inaction made by you. You acknowledge that you make the choice to enter into this Agreement willingly and free of coercion.
YOUR USE OF THE SAWII JOB PRO APP
During the term of this Agreement, Sawii Job Pro grants you one (1) non-exclusive, non-transferable, non-sublicensable, non-assignable licence to install and use the Sawii Job Pro App for no fee, for the purposes of receiving and responding to Leads and accessing services associated with your Services.
- Provision of Services
- You can go log in the Sawii Job Pro App if, when, where, and for however long, you choose.
- You may be sent Leads for the different options that you are signed up for. If you are sent a Lead you will be provided with information about the Lead to allow you to decide whether to bid and provide the Services.
- It is your responsibility (and not Sawii Job Pro’s) to:
- determine an effective, efficient, and safe manner to provide Services,
- provide all necessary equipment, tools, and other materials necessary to provide Services, at your own cost, and
- communicate with Consumers as appropriate regarding logistics or instructions about your Services.
- You acknowledge that:
- Sawii Job Pro is not responsible or liable for acts or omissions of any Consumer in relation to you, your Services, or your Service Method,
- you are responsible for taking reasonable precautions to protect yourself and third parties in relation to the acts or omissions of Consumers, or other third parties,
- you are responsible for liabilities to Consumers or other third parties that directly arise from your acts or omissions or your Service Method, and
- you carry out your own trade and business when providing Services using the Sawii Job Pro App.
- If a user of the Sawii Job Pro Platform breaches the guidelines set out in the Sawii Job Pro Platform, you can report the breach to Sawii Job Pro, and Sawii Job Pro may investigate and take appropriate action which may include removing the reported party’s access to the Sawii Job Pro Platform.
- While there are generally no consequences for not bidding on Leads, you will not receive a Fee for Leads that you do not bid on and not successful in obtaining. Your status tier may be impacted by your rates of putting bids on Leads and winning them.
- Your device, data plan, and account
- The Sawii Job Pro App requires a mobile device and an active data plan from a wireless carrier to function properly. You are responsible for acquiring and maintaining a mobile device and data plan at your own cost. You acknowledge that using the Sawii Job Pro App may consume very large amounts of data through your data plan.
- Your Account is personal to you. It cannot be licensed, shared, or modified.
- You and Consumers have the option on the Sawii Job Pro Platform to provide feedback (including a rating) about the Services. If you do provide a rating or feedback, you must provide it in good faith. Feedback and ratings are Sawii Job Pro Data.
- Sawii Job Pro is not required to verify any feedback or ratings. Sawii Job Pro may edit or remove comments if they include obscenities, objectionable content, or Personal Data, or if they violate Applicable Law or the Platform’s guidelines.
LICENCES, PERMITS, AND YOUR SERVICE METHOD
- Your licences and permission to work
- You must at all times have legal authorization to provide Services or bid on Leads using the Sawii Job Pro App. This includes requirements that:
- you hold all valid licences, insurance, permits, approvals, and authority necessary for you to provide Services and to use your Service Method, and
- at all times you have a right to work in Canada.
- You will:
- provide Sawii Job Pro with proof of your citizenship or permanent residency, work permit (including any conditions), or other authorization to work in Canada,
- at all times comply with any applicable conditions on your licences, work permits, and other authorization to work in Canada while performing Services using the Sawii Job Pro App, and
- provide Sawii Job Pro with personal background screening information upon request by Sawii Job Pro, or consent to Sawii Job Pro obtaining that information from a third party, including criminal history,
and Sawii Job Pro may restrict or remove your access to the Sawii Job Pro Platform if you do not provide the proof and information set out in this subsection upon request.
- You will notify Sawii Job Pro immediately of any material changes to your permits, background, authorization to work in Canada, or other information you provide to Sawii Job Pro under this section.
- Your Service Method
- The Service Method used by you will, at all times you provide Services or bid on Leads using the Sawii Job Pro App:
- be properly registered and licensed to operate that Service to the extent required by Applicable Law, and
- be properly and adequately insured in accordance with section 7 (Insurance), if applicable to your trade, of these terms,
- You will provide Sawii Job Pro with proof of the conditions under this section upon request, including proof of trade license and insurance if applicable to your trade. Sawii Job Pro may stop sending you Leads or restrict or remove your access to the Sawii Job Pro Platform if you do not provide this proof upon request.
- You will notify Sawii Job Pro immediately of any material changes to your licences, permits, insurance, registration, or other information you provide to Sawii Job Pro under this section.
FEES AND PAYMENTS
- You will be paid a fee for each successfully completed Service (“Fee”).
- Fees may be governed by an Addendum to these terms.
- Tips and other amounts
- The Fee does not include any tips. Consumers may or may not have the option to pay tips through the Sawii Job Pro Platform. Tips made through the Sawii Job Pro Platform will be remitted to you, without a fee applied by Sawii Job Pro.
- From time to time, Sawii Job Pro may, at its discretion, offer an incentive to you if you satisfy certain conditions determined by Sawii Job Pro and communicated to you (in promotional materials, via text message, email, or another method). You are under no obligation to participate in any incentive offering. Any incentive payment is subject to its applicable terms and conditions.
- Adjustments to the Fee
- Sawii Job Pro is permitted to cancel or reduce the Fee (or if the Fee has already been paid, arrange for reimbursement of part or all of the Fee from you) for a particular Service if:
- the Service(s) was not completed, unless Sawii Job Pro has agreed with you otherwise,
- a Consumer has made a complaint related to your acts or omissions,
- suspected Fraud or misuse has been detected.
- Sawii Job Pro’s decision to cancel, reduce, or arrange reimbursement of the Fee under this section must be exercised reasonably and in good faith.
- Sawii Job Pro will pay you for the Services you successfully complete under this Agreement.
- Sawii Job Pro will remit to you, on at least a weekly basis:
- any Fees,
- any incentive payments,
- any Sales Tax,plus
- any tips from Consumers through the Sawii Job Pro Platform.
- If you have agreed to pay Sawii Job Pro any amounts or agreed that Sawii Job Pro will remit your funds to a third party (such as for the cost of a background check), Sawii Job Pro will account for those amounts and deduct them in the remittances to you.
- If Sawii Job Pro discovers payment errors that resulted in overpayment to you, or there is an adjustment required, Sawii Job Pro may deduct the amount from future Fees, debit the amount from your card or bank account, or seek reimbursement by other lawful means.
- Subject to this section, if Sawii Job Pro discovers payment errors that result in additional amounts being owed to you, Sawii Job Pro will credit that amount to your selected payment destination.
- Sawii Job Pro may withhold payments to you if ordered by a Court or required by law (e.g., pursuant to a notice of garnishment).
- You will have to contact Sawii Job Pro for any Services provides with more than $2,000.00 to receive 50% of the payment within 4 business days from your request as a first payment, with the balance of the payment to be remitted to you upon completion of the work as marked by the consumer.
- Sales Tax and other taxes
- In relation to the Services, you are responsible for completing all tax registration obligations, for calculating and remitting all liabilities for taxes related to your provision of Services as required by Applicable Law, and for providing Sawii Job Pro with all relevant business and tax information.
- Sawii Job Pro will pay a Fee in sole consideration of any Services you complete under this Agreement, which is exclusive of Sales Tax (if any). Provided that you are registered for Sales Tax, you are required to notify Sawii Job Pro of the same, in order for Sawii Job Pro to pay you any applicable Sales Tax on your Fee.
- Sawii Job Pro may be required by Applicable Law to withhold, deduct, or collect and remit any taxes in relation to any payments due to you under this Agreement (including payments resulting from your provision of Services). You acknowledge that in such cases, you will not be entitled to receive any additional amount from Sawii Job Pro on account of such taxes.
- You must provide Sawii Job Pro with any information reasonably requested by Sawii Job Pro in order to comply with any obligations imposed on Sawii Job Pro under any Applicable Law relating to tax.
- If you have agreed to pay Sawii Job Pro any amount (such as the cost of a background check), such amount shall be exclusive of Sales Tax, unless expressly indicated otherwise. You agree to pay Sawii Job Pro an additional amount equal to the Sales Tax applicable on such amounts.
- Provided that you are registered for Sales Tax, Sawii Job Pro will issue recipient-created tax invoices on your behalf setting out a breakdown of the amounts charged for the Services you have provided under this Agreement, or of other amounts charged (e.g., incentives). Sawii Job Pro will provide you with copies of each Sales Tax invoice (if any) via your Account.
- Without limiting section 12 (Limitation of liability), Sawii Job Pro will not be responsible for a receipt or invoice error or for any incorrect calculation or payment if you have not notified Sawii Job Pro of that error within 7 days after your most recent payment remittance cycle described in this section.
- You will, at your cost, take out and maintain, an insurance equivalent to or more than the minimum insurance required for you to provide the Services under your specific trade.
- You will provide Sawii Job Pro with proof of your insurance arrangements on request.
- You must notify Sawii Job Pro immediately of any change in the status of insurance.
- For the purpose of assisting Sawii Job Pro with its compliance and insurance reporting obligations, you agree to notify Sawii Job Pro within 24 hours and provide Sawii Job Pro with all reasonable information relating to any incident that occurs during your provision of Services and you agree to cooperate with any investigation and attempted resolution of such incident. Additionally, you agree to notify Sawii Job Pro within 24 hours if you are convicted of an offence, or have your trade license suspended, under applicable traffic laws, and you agree to notify Sawii Job Pro within 24 hours if you are charged with, or convicted of, a criminal offence.
- Ownership of intellectual property
- Sawii Job Pro, licensors of Sawii Job Pro, or licensors of certain Sawii Job Pro, own all rights in the Sawii Job Pro App and all Sawii Job Pro Data, including all intellectual property rights associated with them. The only rights granted to you to the Sawii Job Pro App or Sawii Job Pro Data are the rights set out in this Agreement. All rights not granted under this Agreement by Sawii Job Pro, or licensors of Sawii Job Pro, are expressly reserved.
- Restrictions on the use of the Sawii Job Pro App and Sawii Job Pro Data
- Without limiting any other part of this Agreement, you must not share, or enable sharing of, the Sawii Job Pro App or any Sawii Job Pro Data with a third party. Also, you must not copy, modify, distribute, sell or lease any part of the Sawii Job Pro App or Sawii Job Pro Data, reverse engineer or attempt to extract the source code of any of Sawii Job Pro’s software, other than as permitted by Applicable Law, or improperly use the Sawii Job Pro App. You must not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of the Sawii Job Pro Platform or Sawii Job Pro Data, and must not aggregate Sawii Job Pro Data with competitors’ data. If this Agreement or the licence granted to you under section Agreement terminates for any reason, you must promptly delete the Sawii Job Pro App from your mobile device.
- Sawii Job Pro Names, Marks, or Works
- Other than as required by Applicable Law or as expressly permitted in this Agreement, you must not use any of Sawii Job Pro’s names, logos, colours, trademarks, service marks, slogans, other identifying symbols or indicia of ownership, or copyrighted materials or content (registered or unregistered) (“Sawii Job Pro Names, Marks, or Works” as applicable). You must not create or register any (1) business names, (2) URLs, (3) domain names, (4) software application names or titles, (5) websites or webpages, or (6) social media handles, accounts, or profiles that include or display Sawii Job Pro Names, Marks, or Works or anything confusingly or substantially or confusingly similar to Sawii Job Pro Names, Marks, or Works. You must not use Sawii Job Pro Names, Marks, or Works as your social media profile picture or wallpaper without Sawii Job Pro’s express written permission. You must not purchase search keywords (including Google AdWords) that contain any of the Sawii Job Pro Names, Marks, or Works. Other than as described in this Agreement, you must not display any of the Sawii Job Pro Names, Marks, or Works on or in your Service Method or wear any clothing displaying any Sawii Job Pro Names, Marks, or Works. Also, you must not register, attempt to register, or otherwise use or claim ownership of any Sawii Job Pro Names, Marks, or Works. If Sawii Job Pro grants you any right to use any of the Sawii Job Pro Names, Marks, or Works, the rights of a licensee or an authorised user under subsection 50(3) of the Trademarks Act, RSC 1985, c T-13 are expressly excluded from the licences granted to you.
PRIVACY AND CONFIDENTIALITY
- You must comply with all Applicable Law governing data protection and privacy in connection with the Services and your activities under this Agreement.
- You agree that in the performance of this Agreement, you may receive from Sawii Job Pro confidential information of Sawii Job Pro, or about third parties (“Confidential Information”). Confidential Information includes Personal Data, Sawii Job Pro Data, Consumer information (e.g., name and address), and other non-public information that is either expressly designated as confidential or that you reasonably should know should be treated as confidential. You agree that you will not use, disclose, publish, or retain Confidential Information except as necessary to fulfil your obligations under this Agreement, as necessary to provide Services, or as required by Applicable Law.
- You are responsible for maintaining the integrity of information relating to your access to and use of the Sawii Job Pro App, including any password, login, or key information. To ensure the safety and security of the Sawii Job Pro Platform and your Account, you represent and warrant at all times that you will not share your password, login, or key account information with any third party. If you think anyone has obtained improper access to your account, login credentials, or personal information, you are required to notify Sawii Job Pro and to change your password immediately so that Sawii Job Pro may take appropriate steps to secure your Account.
- You agree that Sawii Job Pro is not responsible for any losses arising from your sharing of account credentials with a third party, including phishing.
- You agree that Sawii Job Pro may contact you by email, telephone or text message (including by an automatic telephone dialling system) at any of the contact information provided by you, or on your behalf, in connection with your Account.
REPRESENTATIONS AND WARRANTIES
- Your representations and warranties
You represent and warrant throughout the term of this Agreement that:
- you have full power and capacity to enter into this Agreement and perform your obligations under this Agreement,
- you are legally competent to enter into this Agreement,
- you are licensed, if applicable to your trade, to provide the Services,
- you have not entered into, and during the term of this Agreement will not enter into, any agreement that would prevent you from complying with this Agreement, such as non-competition agreements,
- you will comply with all Applicable Law in your performance of this Agreement,
- you will not, under any circumstances, separately contact a Consumer using information you have obtained using the Sawii Job Pro App, to provide Services to them outside the Sawii Job Pro Platform, and
- any information that you provide to Sawii Job Pro in connection with this Agreement (which may include your business name, business number, and other information reasonably requested by Sawii Job Pro) is accurate, complete, and up-to-date.
- General disclaimer
- You acknowledge and agree that Sawii Job Pro makes no guarantee in relation to the number of Services that Sawii Job Pro will ask you to provide via the Sawii Job Pro App, or that you will receive Leads from Sawii Job Pro via the Sawii Job Pro App to provide Services.
- Sawii Job Pro make no representations, and expressly disclaim all warranties, express or implied, regarding the Sawii Job Pro Platform or any portion of it. Sawii Job Pro provides the Sawii Job Pro App ‘as is’ and ‘as available’. Without limitation, Sawii Job Pro does not guarantee the availability or uptime of the Sawii Job Pro App or that access or use of the Sawii Job Pro App will be uninterrupted or error-free. Sawii Job Pro does not guarantee that the Sawii Job Pro Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, that the Sawii Job Pro Platform will meet your requirements, that any defects will be corrected, or that their technology is free of viruses or other harmful components. You acknowledge that the Sawii Job Pro App may be unavailable due to scheduled maintenance or network failure or limitations, delays, and other problems inherent in the use of the Internet, electronic communications, and software products. You acknowledge that local regulatory conditions may change and may temporarily or permanently impact Sawii Job Pro’s ability to offer the Sawii Job Pro Platform in a given region. Sawii Job Pro make no representations, warranties, or guarantees as to the actions or inactions of Consumers, or as to the availability of the Sawii Job Pro App.
- From time to time, Sawii Job Pro may permit third parties to offer their services to users of the Sawii Job Pro Platform. Third-party services may be subject to additional terms (including pricing) that apply between you and the parties providing such services. If you choose to access the third-party services you understand that the providers of the third-party services are solely responsible for liabilities arising in connection with the access and use of such third-party services. While Sawii Job Pro may allow users to access such services through the Sawii Job Pro Platform and Sawii Job Pro may collect information about users’ use of such services, Sawii Job Pro may not investigate, monitor, or check such third-party services for accuracy or completeness.
- You must indemnify, defend (at Sawii Job Pro’s option) and hold harmless Sawii Job Pro and their respective directors, officers, employees, and agents from liability of any of them arising out of or related to any of the following: (i) your failure to comply with any provisions of this Agreement, (ii) your breach of Applicable Law, or (iii) third party claims directly or indirectly related to your provision of Services or use of the Sawii Job Pro Platform.
- Your liability under this section 11 will be reduced if, and to the extent that, Sawii Job Pro directly caused or directly contributed to any of the matters described in this section.
LIMITATION OF LIABILITY
- In no event will Sawii Job Pro be liable for any claim for any indirect, wilful, punitive, incidental, exemplary, special, or consequential damages or for your or any third party’s property damage or loss, or loss or inaccuracy of data, or loss of business, revenue, profits, use, or other economic advantage arising out of or related to your use of the Sawii Job Pro Platform or your provision of Services, whether based on contract, tort, extracontractual, equity, or any other legal theory, even if Sawii Job Pro have been advised of the possibility of such damages.
- Except for Sawii Job Pro’s express obligations to pay the Fees, in no event will the combined total cumulative liability of Sawii Job Pro of each and every kind to you under this Agreement exceed the aggregate amount of Fees actually paid by Sawii Job Pro to you under this Agreement in the six month period immediately preceding the event giving rise to the relevant claim.
- Termination by you
You are under no obligation to use the Sawii Job Pro App. If you choose to stop, you can do so without giving Sawii Job Pro any notice, or you can terminate this Agreement without advance notice, provided that the Service is provided in full to the Consumer for any won Lead.
- Termination by Sawii Job Pro
- Subject to any requirements under Applicable Law, Sawii Job Pro may, acting reasonably and in good faith, terminate this Agreement in its entirety by giving you 7 days’ prior written notice of termination, for any reason.
- Sawii Job Pro may immediately restrict or deactivate your access to the Sawii Job Pro App and your Account, and provide you with written notice of the restriction or deactivation, if you (1) commit a material breach of this Agreement, or (2) an act or omission by you, in Sawii Job Pro’s reasonable judgment, is in breach of the Platform’s guidelines or has the potential to cause issues that could detrimentally impact the reputation, good name or brand of Sawii Job Pro (including any Sawii Job Pro Names, Marks, or Works), including matters of safety.
- Material breaches of this Agreement include:
- failing to comply with your human rights obligations,
- colluding with Consumers to provide Services outside the Sawii Job Pro App,
- creating multiple accounts,
- failing to update Sawii Job Pro about a material change to your licences, permits, insurance, background, or other information required to be provided to Sawii Job Pro under this Agreement, and
- failing to comply with conditions and Applicable Law governing providing of Services as described in this Agreement.
Sawii Job Pro may temporarily restrict your access to the Sawii Job Pro Platform is investigating an alleged breach. Sawii Job Pro is unable to provide you with information about the alleged breach while an investigation is ongoing (either by Sawii Job Pro and/or a third party such as the police) or afterwards.
- Effect of termination
- The sections that, by their nature, survive the termination of the Agreement shall survive the termination of the Agreement indefinitely, including, but not limited to, Binding Contract, Adjustments to the Fee, Sales Tax and other taxes, insurance (to the extent that insurances are required to be maintained after the term), intellectual property, Privacy and confidentiality, General disclaimer, Indemnification, Limitation of liability, Effect of termination and Governing Law.
- Notwithstanding anything in the Agreement to the contrary, outstanding payments attributable to Fraud committed by you may be withheld by Sawii Job Pro.
- Once the Agreement is terminated you will no longer access the Sawii Job Pro Platform.
This Agreement, including any Addendum hereto, is governed by and construed in accordance with the laws of Ontario, Canada, and the its courts.
- Notices to Sawii Job Pro must be provided to Apptology Inc.* at firstname.lastname@example.org, or an updated email address Sawii Job Pro provides to you.
- Notices to you will be provided by email to the email address associated with your account or by posting on the portal available to you on the Sawii Job Pro App and will be considered delivered when sent or posted.
- Modifications to this Agreement
- Sawii Job Pro, may, from time to time modify, update, or replace the terms and conditions of this Agreement by making the updated version of these terms, Addenda, the Platform guidelines or other information available to you (including via hyperlinks in this document) via the Sawii Job Pro App or by publishing a new version of that document or information on the Sawii Job Pro website.
- Sawii Job Pro will provide you with at least 7 days’ notice of any modification of these terms if the modification will be materially detrimental to your rights. This notice period does not apply to modifications to the other components of this Agreement that are not detrimental to you.
- You will have consented to the modifications made under this section if you continue to use the Sawii Job Pro App after the modifications have come into effect.
- Supplemental terms
You may agree to supplemental terms to this Agreement, such as Addenda or terms related to certain features and functionality, which may be modified by Sawii Job Pro from time to time. Such supplemental terms are in addition to, and form a part of, this Agreement in accordance with section 1.
- Sawii Job Pro has the right to assign or transfer this Agreement or any or all of their respective rights or obligations under this Agreement, in whole or in part, without obtaining your prior consent. You may not assign, subcontract, transfer, or otherwise dispose of this Agreement, or of your rights and obligations under this Agreement, as the rights and obligations under this Agreement are personal to you.
- Without modifying subsection 15(D)(i), this Agreement binds, and will continue to benefit, each party to this Agreement and that party’s respective successors, assignees, delegates, and agents.
- General provisions
- The exercise of a right partially or on one occasion does not prevent any further exercise of that right in accordance with the terms of this Agreement. Neither a failure to exercise a right nor a delay in the exercise of a right operates as an election between rights, a waiver of said rights, or a variation of the terms of this Agreement.
- If a court of competent jurisdiction determines that a provision of this Agreement is invalid or unenforceable, the remainder of this Agreement (and to the extent practicable, the relevant provision) will remain in full force and effect.
- This Agreement, including all documents listed in Article 1, contains the full and complete understanding and agreement between the parties relating to the subject matter of this Agreement, and this Agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this Agreement.
- In this Agreement, “including” and “include” mean “including, but not limited to”, unless otherwise indicated.
- In these terms, italicized descriptions of cross-referenced sections in square brackets are for ease of reference only.
“Account” means your account on the Sawii Job Pro Platform and which the Consumer uses to access the Sawii Job Pro App.
“Addendum” or “Addenda” means any addendum(s) to these terms and which form part of this Agreement.
“Agreement” has the meaning set out in section 1 (Binding Contract).
“Applicable Law” means all applicable laws, statutes, municipal by-laws, regulations, government codes, and government policies from time to time in force (including all applicable tax, data protection, and privacy laws).
“Confidential Information” has the meaning set out in section 9 (Privacy and confidentiality).
“Sawii Job Pro” means Apptology Inc. *, a corporation incorporated under the laws of Canada.
“Sawii Job Pro App” means the software application on the Sawii Job Pro Platform that is licensed by Sawii Job Pro and that can be used by you and Consumers to receive and bid on Leads for Services.
“Sawii Job Pro Data” means all data related to the access and use of the Sawii Job Pro App or obtained in connection with this Agreement, including all data related to Consumers, all data related to the provision of Services and the Sawii Job Pro App, all ratings, feedback or comments provided by you, and the identification and password key assigned to you that enables you to use and access your Account.
“Sawii Job Pro Platform” means the technology software system made accessible by Sawii Job Pro, on a royalty-free basis, to persons to provide Services and/or Services, and includes the Sawii Job Pro App.
“Sawii Job Pro Names”, “Sawii Job Pro Marks”, and “Sawii Job Pro Works” has the meaning set out in section 8(c) Sawii Job Pro Names, Marks, or Works).
“Fee” has the meaning set out in section 6(A) (Fees).
“Fraud” means deception, dishonesty or misleading actions and includes: (i) manipulation or gaming of Sawii Job Pro-funded incentives and promotions, (ii) creation of false accounts, (iii) colluding with Consumers to receive payouts for Services outside the Sawii Job Pro App, (iv) manipulation of Sawii Job Pro App to artificially increase Fees, (v) false or manipulated use of user programs, (vi) any other type of sham transaction, (vii) any other irregular or unusual patterns or schemes that reasonably appear to be designed to provide you or any other person with undue gains, (viii) misrepresenting the veracity, authenticity, accuracy, official status, currency, or content of any document submitted to Sawii Job Pro (e.g., falsified proof of insurance), and (ix) any activity considered to be fraud under Applicable Law.
“Personal Data” means any information provided to you by Sawii Job Pro (i) relating to an identified or identifiable natural person, (ii) that can reasonably be used to identify or authenticate an individual, including name, contact information, precise location information, persistent identifiers, and (iii) that may otherwise be considered ‘personal data’ or ‘personal information’ under Applicable Law.
“Lead” means any lead for Services that you receive from Sawii Job Pro via the Sawii Job Pro App.
“Sales Tax” means federal and provincial taxes on the sale of goods and services, and includes HST, GST, PST, and QST.
“Services” mean services, which you provide on a self-employed basis, to Sawii Job Pro whereby you provide Services for a Consumer under this Agreement.
“Consumer” means the intended recipient of Services provided by you.
“Service Method” means the method that you use to provide Services.