Eximo

Terms and Conditions

Last updated: January 19, 2017

Welcome to www.eximo.ca. The online platform (hereinafter referred to as “We”, “Us”, “Our” “Platform”) is owned and operated by Eximo Enterprises Ltd. (“Company”) from its head office in Canada. The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the “Eximo Platform.” These Terms of Service govern your use of the Eximo Platform and constitutes a legally binding agreement between You (“You”,”Your” or “User”) and Company. By using the Eximo Platform you accept and agree to all of the terms and conditions in these Terms of Service, the Privacy Policy (the “Privacy Policy”), and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time.

Eligibility

The Eximo Platform is not designed for use by persons under the age of 18 years. You are not eligible to use the Eximo Platform unless you are at least 18 years of age. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. You also represent and warrant to Company that you will use the Eximo Platform in a manner consistent with any and all applicable laws and regulations. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You are required to agree to and accept these Terms of Service, the and the Privacy Policy in order to access and use the Eximo Platform.

  1. How Eximo Platform Works

    Eximo Platform enables Clients (“Job Creator”) to post Jobs (“a description of what s/he would like to get done”) along with a picture on the platform and allows Service Providers (“Workers”) to apply for jobs posted on the platform. Job Creators can view the work history and reputation of the Worker prior to entering into any service agreements. Once the Job Creator and the Worker (collectively referred to as the ‘Parties’) agree to enter into a work agreement. The Worker takes pictures of the work before and after, which are then uploaded on the website on completion of the job. The Worker and Job Creator then rate each other. If the job is done correctly and the Job Creator doesn’t file a dispute then the funds are transferred over into Worker’s account. If there is a dispute but the Worker did the job according to the job description, Eximo Platform will release the funds into the Worker’s account, if not then the funds will not be released.

    In the event that there is a dispute, Eximo Platform will help you find a resolution using the dispute resolution service offered by Eximo Platform.

    Company does not perform jobs, and does not employ individuals to perform jobs. Company does not supervise, direct or control a worker's work, or the jobs in any manner, which the worker hereby acknowledges.

    The Eximo Platform only enables connections between Users for the fulfillment of Jobs. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Workers, Job Creator, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested and services provided by Users identified through the Eximo Platform whether in public, private, or offline interactions. In the event of a dispute Company offers arbitration services for dispute resolution to the parties.

  2. User Verification

    Although Company may take reasonable steps to verify Users, Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided through the Eximo Platform.

    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. Neither Company, nor it's affiliates, or licensors is responsible for the conduct, whether online, or offline, of any user of the Eximo platform, and you hereby release Company and it's affiliates and licensors from any liability related therto. Company and it's affiliates and licensors will not be liable for any claim, injury, or damage arising in connection with your use of the Eximo platform.

  3. Contract between Job Creators and Workers

    You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Job with another User. The terms of the Service Agreement include the terms set forth in this section, the engagement terms proposed and accepted on the Eximo Platform, and any other contractual terms accepted by both the Job Creator and the Worker to the extent such terms do not conflict with the terms in this Section and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Worker.

    Before any Jobs are performed by the Worker, the Worker must take picture of the work before and after completion of the Job. The Worker assumes full and sole responsibility for the payment of his/her required and applicable taxes.

    Eximo Platform collects the agreed service fee from the Job Creator once the Job Creator and Worker enter into a Service Agreement. Each party agrees to comply with Company’s Terms of Service during the engagement, performance and completion of a Job. Both parties further agree to follow and abide by Company’s arbitration process and outcome in the event of a dispute.

  4. Payment Policy and Refunds

    Registering an account as a User on Eximo Platform is free. Job Creator may post a Job and Workers can apply for Jobs without incurring any fees. Eximo Platform collects the agreed Job fee from the Job Creator at the time Job Creator accepts the Worker’s service offer. Eximo Platform and the Worker both receive payments from this Job fee in terms of the present clause:

    • The payment is paid to the Worker when the Job is completed as agreed with the Job Creator and the Job Creator does not file a dispute
    • Eximo Platform is certified through TD bank to currently accept Visa, Mastercard and American Express.
    • Where transactions are made through credit card facilities, cardholder must retain a copy of transaction records and Merchant policies and rules.
    • Eximo Platform accepts Canadian Dollars for all payment processing.
    • If Worker has completed the job the Job Creator doesn’t respond for 5 days from the date of completion, the job will be marked as completed and the money will transfer over to the Worker.
    • In the event of a dispute between the parties regarding the completed Job, Eximo will act as an arbitrator to resolve the dispute. On resolution the funds are transferred as agreed by Company.
    • All refunds are subject to the outcome of Company’s arbitration process.
  5. Public Areas

    The Eximo Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.

    You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Company will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

  6. User Conduct

    Without limitation, while using the Eximo Platform, you may not:

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Company staff, or use information learned from the Eximo Platform or during the performance of Jobs to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other User or Company staff outside of the Eximo Platform.
    • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
    • Use the Eximo Platform for any purpose, including, but not limited to posting or completing a Job, in violation of provincial, national, or international law.
    • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
    • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
    • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
    • Advertise or offer to sell any goods or services for any commercial purpose through the Eximo Platform which are not relevant to the Jobs offered through the Eximo Platform.
    • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
    • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
    • Post the same Job repeatedly (“Spamming”). Spamming is strictly prohibited.
    • Restrict or inhibit any other User from using and enjoying the Public Areas.
    • Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.
    • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Eximo Platform in any manner.
    • Hack or interfere with the Eximo Platform, its servers or any connected networks.
    • Adapt, alter, license, sublicense or translate the Eximo Platform for your own personal or commercial use.
    • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
    • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
    • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
    • Use the Eximo Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Eximo Platform as set forth herein.
    • Use the Eximo Platform to collect usernames and or/email addresses of Users by electronic or other means.
    • Use the Eximo Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes.
    • Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the platform;
    • Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.
  7. User Obligations

    You agree that at all times:

    • You will comply with this Agreement and all applicable laws and regulations;
    • You will post only accurate information on the Eximo Platform;
    • You will promptly and efficiently perform all your obligations to other Users under a Service agreement and to Eximo under this Agreement;
    • all content (whether provided by Eximo, a User or a third party) on the Eximo Platform may not be used on third party sites or for other business purposes without Company’s prior permission; and
    • You will ensure that You are aware of any laws that apply to You as a Job Creator or a Worker, or in relation to any other way(s) that you use the Eximo Platform. You must not use the Eximo Platform for any illegal or immoral purpose.
    • You grant to Eximo an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Eximo Platform for the purpose of including that material and information on the Eximo Platform and as otherwise may be required to provide the Service, for the general promotion of the Eximo Service and as permitted by this Agreement.
    • Any information posted on Eximo Platform must not, in any way whatsoever, be potentially or actually harmful to Eximo or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Company. Without limiting any provision of this Agreement, any information You supply to the Eximo Platform must be up to date and kept up to date and must not:
      1. be false, inaccurate or misleading or deceptive;
      2. be fraudulent or involve the sale of counterfeit or stolen items;
      3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
      4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
      5. be defamatory, libellous, threatening or harassing;
      6. be obscene or contain any material that, in our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
      7. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Eximo Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
    • When You enter into a Service agreement using the Eximo Platform, you create a legally binding contract with another Eximo User, unless the transaction is prohibited by law or by this Agreement. If you do not comply with your obligations to another user under a Service Agreement, You may become liable to that other User.
    • If Eximo determines at its sole discretion that You have breached any obligation under this clause, it reserves the rights to remove any content, Job posting or Job application you have submitted to Eximo Platform or cancel or suspend your account.
  8. Posting Jobs on Eximo

    • Job Creator must post Jobs describing the service fully and accurately along with a picture of work that needs to be done, as well as any information required by law. You must have the legal right to use any content that You post. Eximo may, in its sole discretion, remove any Job posted for any reason.
    • When applying to do a Job, a Worker agrees to provide the relevant services within the timeframe and on the terms and conditions specified in the Posted Job (unless the Worker and the Job Creator agree to vary the terms and conditions in the course of negotiations, in which case the Worker must provide the services in accordance with the agreed timeframe and terms and conditions).
    • Job Creator may choose not to accept any Job applicants. Job Creator may withdraw any Posted Job at any time prior to accepting any applicants.
  9. Account, Password and Security

    You must register with Company and create an account to use the Eximo Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account provided by you or the Company for accessing the Eximo Platform. You are solely and fully responsible for all activities that occur under your password or account. The Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact the Company immediately.

  10. Your Information

    Your Information” is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the Eximo Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”

    You hereby represent and warrant to Company that Your Information:

    1. will not be false, inaccurate, incomplete or misleading;
    2. will not be fraudulent;
    3. will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
    4. will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
    6. will not be obscene or contain child pornography or be harmful to minors;
    7. will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
    8. (h) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

    The Eximo Platform hosts User Generated Content relating to ratings of specific Workers and Job Creators. Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Job Creator should undertake their own research to be satisfied that a specific Worker is the right person for a Job. You agree that Company is not liable for any Ratings or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Company do so.

    You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Eximo Platform.

  11. Disclaimer of Warranties

    Use of this service is entirely at your own risk. The Eximo platform is provided at an "as is" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

    The Company makes no warranties or representations about the accuracy or completeness of the content provided through the Eximo platform, or the content of any sites linked to the Eximo platform, and assumes no liability or responsibility for any

    1. Errors, Mistakes or Inaccuracies of content,
    2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Eximo Platform,
    3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therin. Company does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Eximo platform or any hyperlinked website or featured in any banner or other advertising and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herin. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

    WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE EXIMO PLATFORM WILL BE UNINTERRUPTED OR THAT THE EXIMO PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXIMO PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE EXIMO PLATFORM.

    NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

    NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE EXIMO PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

    COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

  12. Indemnification

    You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Eximo Platform, or (ii) any content submitted by you or using your account to the Eximo Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

  13. Limitation of Liability

    YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE EXIMO PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE EXIMO PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

    UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE EXIMO PLATFORM OR THE JOBS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE EXIMO PLATFORM.

    IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

  14. Governing Law

    Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of Canada, without regard to choice of law principles.

  15. Termination

    Either party may terminate an account and this Agreement at any time for any reason.

    Termination of this Agreement does not affect any Service agreement that has been formed between Eximo Platform Users. If You have entered a Service agreement You must comply with the terms of that Service Agreement including providing the goods or services or paying the price as applicable.

    Third Party Services are subject to Third Party Service provider terms and conditions.

  16. No Agency

    No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

  17. General Provisions

    Failure by Company 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 Company 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. 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:

    1. to a parent or subsidiary,
    2. to an acquirer of assets or
    3. to any other successor or acquirer.

    Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.

  18. Changes to this Agreement

    Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Eximo Platform or any content or information through the Eximo Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. 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 Eximo Platform. Your continued use of the Eximo Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the Eximo Platform at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the Eximo Platform without notice or liability.