TERMS AND CONDITIONS OF USE

Professional Members (Contractors)
Last updated on January 1, 2022

Welcome to HOMII.ca (the “Website”), a website owned by BIDDNFIX, INC. (“HOMII” and sometimes referred to as “we”, “us” or “our”). This Website is a service offered by HOMII. These terms and conditions of use constitute an agreement between you and HOMII (the “Agreement”). The Agreement relates specifically to contractors, suppliers and service providers that create an Account and Profile for their business (as each such capitalized term is defined below). The general terms and conditions of use that apply to all users of the Website (the “General T&Cs”) continue to apply to you, provided, however, that in the event of any inconsistency as between the Agreement and the General T&Cs, the provision of this Agreement will supersede the inconsistent provision in the General T&Cs.

This Agreement, among other things, describes your access and use of the Website and related services offered by HOMII on or through the Website (the “Services”), including various terms, conditions and restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use. This Agreement also limits our liability, limits your remedies against us and disclaims various representations, warranties, conditions and assumptions that may ordinarily apply to your access and use of the Website. Please read this Agreement carefully before agreeing to be bound by its various provisions. It is a condition of registration as a member and a condition of your use of the Website that you agree and be bound by this Agreement. By accessing, browsing and/or using this Website, you are signifying your consent to be bound by this Agreement. If you do not agree to be bound by this Agreement, exit the Website and do not use any of the Services or Website resources.

1. General Disclaimer and Limitation of Liability

Among other things this Website acts as a venue for persons looking to retain the services with respect to certain construction and/or renovation projects to post job opportunities and for contractors, suppliers and service providers to post profiles, portfolios and advertisements for their goods and services. It also allows customers, suppliers, creditors, lenders and employees of contractors, service providers and suppliers to post reviews and provide other information about said contractors, service providers and suppliers. You acknowledge that any use of or reliance on this Site or any Materials will be at your sole risk.

HOMII makes no representation or warranty of any kind and disclaims any warranty or condition of any sort regarding:

(i) The Website;

(ii) The Services;

(iii) Third party goods and services advertised, offered for sale or mentioned on the Website; and/or

HOMII will not be liable for any damages, costs, expenses, penalties and other losses caused by or attributable in whole or in part to events or circumstances beyond HOMII’s reasonable control including, without limitation, any act of God, any labour dispute, any cyber-attack, terrorism, real or apprehended insurrections, acts of war, government regulation, expropriation, fire, explosions, inclement weather, unavailability of supplies, unavailability of service, unavailability of any public infrastructure, network or resource, or attributable to any third party conduct, service and/or property.

HOMII expressly disclaims all representations, warranties and conditions relating to the Website, Services, Content, third party and/or any third party website, content, good, service or materials, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose, continuity, availability, reliability, performance and those arising by statute or otherwise in law or from a course of dealing or usage of trade. HOMII does not warrant that this Website will continue to operate, operate without interruptions or that it will be error-free or meet any performance or any other service levels.

Without limitation to the generality of the foregoing, HOMII does not screen, censor or verify the listings offered or otherwise made available on or through the Website or provided in conjunction with the delivery of Services. Likewise, HOMII does not screen, censor or verify commentary, referrals, rankings, testimonials, feedback, endorsements and other content relating to any contractor, supplier or service provider or emanating or purportedly emanating from any particular person. As a result, HOMII has no control over the quality, safety or legality of the project, contractor or business entity listings posted, the truth or accuracy of the listings or the ability of anyone to meet or satisfy any claims and warranties made in listings, including, without limitation any licensing requirements, insurance coverage, certification, prior experience or general competence and capabilities. In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You acknowledge and understand that you should undertake your own research, investigations, inquiries and due diligence with respect to any project and with respect to any potential contractor, supplier, service provider and/or customer.

Because user authentication on the Internet is difficult, HOMII cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of users of this Website, in the event that you have a dispute with one or more users, you release HOMII (and its shareholders, directors, employees, agents and representatives) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

HOMII is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. HOMII does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity, completeness or usefulness of the Content or about the results to be obtained using the Content. The use of the Website, the Services and the Content is at your own risk. Changes are periodically made to the Website, the Services and/or Content, and may be made at any time in HOMII’s sole discretion without notice to you.

This Website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, project listings, catalogues, reviews, ratings, feedback, testimonials, recommendations, referrals and rebuttals.

Content, and may be made at any time in HOMII’s sole discretion without notice to you.
This Website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, project listings, catalogues, reviews, ratings, feedback, testimonials, recommendations, referrals and rebuttals.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any ad, posting or other content placed by you on the Website. You agree that all content that you place on the Website must comply with all applicable laws. We may, in our sole discretion, remove any and all content posted by you, including, without limitation, any posting and/or information that contravenes this Agreement

HOMII shall not be responsible for any contracting or procurement decisions, for whatever reason, made with respect to, in conjunction with or in reliance of, any listing, posting or other Content available on or through the Website or obtained and/or provided in conjunction with the Services.

You agree that HOMII and any third party mentioned on this Website will not be responsible or liable for any loss or damages whatsoever, including without limitation direct, indirect, incidental, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information, data or Content, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this Website, any Content, or any linked website of a third party (and related third party services and/or content), even if HOMII, or such a third party has been advised of the possibility of such damage or loss.

The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy. The limitations of liability and disclaimers in this Agreement also apply to HOMII’s licensors and service providers who shall have the benefit thereof.

Without limitation to the generality of the foregoing, in using HOMII’s service, you acknowledge that HOMII is not acting as your broker, agent, or advisor. It is therefore your sole responsibility to conduct your research, make your investigations and inquiries, and negotiate the terms for any project undertaken. You should consult with appropriate experts and/or advisors (such as a lawyer, architect, urban planner, accountant and/or insurance broker). HOMII does not review, verify or authenticate any users or verify any user’s credit history, litigation history or legal standing.

You further understand that users (including, without limitation, current and former customers, prospective customers, vendors, suppliers, lenders, creditors as well as your employees and subcontractors) are free to post Content about you, your services and/or their prior dealings or interactions with you or with regards to your past operations and/or conduct (including, without limitation, testimonials, reviews, rankings, ratings and comments) which may be freely accessed, viewed and downloaded by other users. HOMII will not be liable for any such Content even if such Content is slanderous or libellous, or could otherwise be damaging to your business reputation and goodwill (or could reasonably be expected to otherwise adversely affect your business). You acknowledge and understand that HOMII may (but is not obligated to) supplement listings, posts and other entries, including your listings, posts and other entries, by adding and/or associating third party images with respect to the same. Without limitation to the generality of the foregoing, no representation or warranty is made (and HOMII expressly disclaims any representation, warranty or condition) relating to or with respect to any image included in or otherwise associated with any listing and, in some cases, such images may be sourced from unrelated third party sources. You acknowledge and understand that the purpose of the Website is to provide an open forum for discussion and agree that HOMII will not be required to remove, redact or retract any libellous, defamatory or slanderous content nor provide any editorial comments, clarifications or notices, nor will HOMII be liable for refusing or failing to remove any such content or post any retraction, editorial comments, clarification or notices with respect to such content. Your only recourse with respect to any third party Content will be with respect to the third party that posted such Content.

HOMII will only disclose the identity and other particulars of a third party that posts Content in the event that it is provided with an order from a court of competent jurisdiction ordering disclosure of such information. Should HOMII provide you with the means to challenge the accuracy of such Content, HOMII will have sole discretion in determining the validity of any such challenge (using such factors as HOMII deems appropriate in its sole discretion), and all decisions made by HOMII with respect to any such challenge will be final and binding. You acknowledge and agree that the fact that HOMII may in some instances remove Content (whether yours or a third party’s) or provide any editorial comments, clarifications or notices in regards to any Content does not waive, qualify, or otherwise affect the disclaimers, exclusions and other limitations of liability in this Agreement. Should HOMII elect to remove any Content, it may, in its sole discretion, include a notice, editorial comment or other disclosure in terms of such removal and the associated facts and underlying reasons in conjunction with such removal, including, without limitation, the fact that you requested the removal of such Content.

You acknowledge and understand that the Website provides you with the option of replying to any such comments and presenting your views or position in terms of any Content that you believe to be inaccurate, false, incomplete, dated, improperly contextualized, misleading, libellous and/or defamatory and agree that HOMII shall not be liable in any manner whatsoever if such features or functionality of the Website or any Service is not accessible, available, operational or operating in a reliable, timely, uninterrupted and/or error free manner. You hereby waive any and all remedies you may have against HOMII and its service providers, and hold each of them harmless with respect to any third party Content which may be slanderous, libellous and/or defamatory that is posted on or accessible through the Website or that is otherwise published, republished, communicated and/or distributed through any Service.

Should you have a dispute with any customer, employee, subcontractor, lender, creditor, supplier or any other user, you must resolve such dispute with such person directly, and you hereby agree not to involve HOMII (or any of its shareholders, directors, officers, employees, service providers, vendors, agents or representatives) in any matter whatsoever in any such dispute, including, without limitation, requiring HOMII’s attendance or participation (or that of any HOMII shareholder, director, employee, agent and/or representative or any of its service providers or vendors) in any legal proceeding.

Any reference on the Website to any program or arrangement pursuant to which charitable donations or gifts are to be made by HOMII in conjunction with any membership, review or submission of other Content, will be made by HOMII in its own name. Payments of charitable donations or the delivery of charitable gifts may be consolidated and paid within such interval as HOMII may determine in its sole discretion. HOMII may in its sole discretion vary the terms of, or discontinue, any such program or arrangement without notice.

Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages, damages relating to personal injuries or death, damages arising from intentional or gross fault, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. To the extent the foregoing limitation and exclusions of liability are not enforceable or not fully enforceable, to the extent permitted by applicable laws, you agree that HOMII’s aggregate liability for any damages whatsoever under this Agreement, in tort, strict liability or otherwise in law, will be limited to CAD$10.00 in the aggregate.

2. Registration

Access and use of certain Services is restricted to persons who have registered through the Website and created an account for the Website (an “Account”). You may create a maximum of one Account per business.

You agree to: (a) provide true, accurate, current and complete information about yourself and your business, and as otherwise prompted by the Website’s (or relevant Service’s) registration form (such information being referred to as the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. For clarity, the provision of some Registration Data is required to create an Account while the provision of other Registration Data is optional. You acknowledge and understand that the failure to provide optional Registration Data may negatively affect your Scores and Rankings (as such term is defined and discussed in Section 6). You are free to provide such Registration Data at a later time.

We may from time to time require you to provide us with proof in terms of the authenticity, accuracy and/or currency of Registration Data and you agree to promptly comply with any such request. You acknowledge that failure to do so may result in immediate termination of Your Term Membership.

You acknowledge and agree that you Registration Data will be used to create a business profile for you and your business (a “Profile”) with respect to which other users (including, without limitation, past and current customers, suppliers, subcontractors, vendors, lenders, creditors, employees and the like) may post comments, anecdotes, feedback, reviews, ratings, rankings, testimonials, recommendations, referrals, rebuttals, and other information (collectively, “Feedback”).

The Website and Services may not be accessed and/or used by persons: (i) who have had an Account terminated for failure to comply with the terms of this Agreement (except for the sole purpose of posting replies, rebuttals or responses to Feedback); (ii) who cannot form legally binding contracts in the jurisdiction in which they reside or are domiciled; (iii) who are under the legal of age of majority in the province or territory in which they reside; and/or (iv) who may not legally work or carry on business in Canada. Any such persons are prohibited from creating a new Account. By creating an Account, you represent and warrant that you have never had an Account which has been terminated by HOMII.

You are solely liable for any misstatements and/or misrepresentations in conjunction with the Registration Data or with respect to any postings or listings created and/or posted. You acknowledge and understand that we may rely on your Registration Information and, in doing so, assume that it is accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement.

Membership subscriptions are purchased for a 12 month contract term (“Term Membership”). Should you purchase a Term Membership, it will automatically be renewed for a renewal term equal to the original term unless you terminate your Term Membership (as provided under the Agreement) prior to the expiration of the then current term or renewal term.

3. Payment of Fees

Payment may be made either in full-in-advance or month-by-month according to our pricing plan.
Fees for a Term Membership will be charged to a credit card for which you are an authorized user (such credit card and any other substitute or replacement card is referred to as the “Credit Card”). You will be asked to provide credit card information when you register as a member. Likewise, if you wish to renew or extend your premium membership period, or order Services that generate a fee, you will be asked to provide credit card information. For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction (such information is retained by the certified payment gateway and may be used for future authorized transactions).

Payment for the Term Membership is payable prior to the beginning of the first subscription month.
Any renewal of a Term Membership will be at the prices that are in effect at the time of such renewal. The fees for the renewal of the Term Membership will be charged to the Credit Card on file. Each submission or order online for a Service for which a fee is charged is deemed to be an authorization to charge predetermined sums representing applicable statutory and service fees, charges, and applicable taxes to the Credit Card. You will be informed of the total charges and asked to confirm the transaction before it is charged to the Credit Card. You are responsible for all charges, fees and taxes incurred by you. Charges and fees will be at the rates established by HOMII from time to time plus all additional applicable taxes.

Before submitting any request for goods and/or services or otherwise completing an online order (including, without limitation any purchase, renewal or extension of a premium membership), please verify that you have correctly entered the information in the request and/or order. We cannot refund the cost of a Service if you have inputted the request incorrectly. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS.

Any discount provided in conjunction with your purchase of multiple Services will be retroactively adjusted or rescinded in the event that you later decide to cancel or terminate one or more such Services and the resulting combination of Services would either not entitle you to such discount or would entitle you to a lesser discount. You will be responsible for payment of any rescinded discount or any reduction in a previously issued discount, and these will be applied to the Credit Card.

You are solely responsible for updating your contact, billing and credit card information during the term of any premium membership, including any renewal term. You shall promptly notify HOMII if the Credit Card associated with your account is canceled, if such card is reported lost or stolen, or if you become aware that the security of such card has been compromised. You acknowledge that you will not receive a credit card or other payment statement unless you provide us with a valid e-mail address.

If we are unable to collect the charges, fees and/or taxes from the Credit Card for any reason, you are responsible to pay HOMII directly the fees, charges and taxes plus interest at the annual rate of 18% (calculated daily) and any other charges (including costs of collection) incurred by HOMII. In such circumstances, we may also in our sole discretion and without limitation to any of our remedies exercise any one or more of the following remedies: (i) immediately suspend further access to the Website and related services and content; (ii) issue an invoice to you for the amount of such charges, together with accrued interest and costs of collection, which invoice will be immediately payable; (iii)assign any such unpaid accounts to a third party, including, without limitation, a collection agency; and/or (iv) report such non-payment to one or more credit rating agencies.

You are responsible for notifying HOMII of any incorrect charges within thirty (30) days of receiving a statement or receipt from HOMII. After any such thirty (30) day period, you shall forfeit any recourse to HOMII to claim a credit.

All fees displayed on or through the Website are subject to change without notice, in HOMII’s sole discretion. Likewise, HOMII reserves the right at any time to commence charging fees for Services which are presently offered for free and/or to increase any fees.

4. Password and security

You will receive a password and a designation for your Account upon completing the registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your Account, username and/or through use of your password. You agree to (a) immediately notify HOMII if you have reasonable grounds to believe someone has obtained access to your password or someone has made unauthorized use of your Account, and (b) ensure that you log out from your Account at the end of each session.
You acknowledge and agree that the rights provided to you under this Agreement are personal to you and may not be shared with or transferred to anyone. Accordingly, you agree not to share your Account (or any privileges derived from your Account) with any third party.

5. Use

This Website is operated in the province of Ontario, Canada. To the extent you are not a resident of the province of Ontario (Canada), you are solely responsible for ensuring that use of this Website and any Services is lawful in and permitted by the laws of the jurisdiction in which you reside or are domiciled. Your right to access and use the Website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.

You understand that you are solely responsible for ensuring that materials that you post on the Website comply with all applicable laws and this Agreement, regardless of whether such postings are public or private in nature. You further understand that you are solely responsible for ensuring that items that you post for sale (to the extent expressly provided for on the Website and permitted by this Agreement) and the sale of such items comply with all applicable laws and this Agreement. Without limitation to the generality of the foregoing, you are solely responsible for collecting any applicable sales or commodity taxes and remitting the same to the appropriate government authority.

You understand and agree that you are personally liable for anything you communicate on the Website, including without limitation, communication of defamatory, libellous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, “Prohibited Content”). You shall not post any Prohibited Content on the Website or use the Website or any Service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content. Without limitation to the foregoing, when posting Content you shall use your best efforts to ensure such Content is truthful, accurate and complete and otherwise complies with the requirements of this Agreement. You acknowledge and understand that any reply, rebuttal, comment or other similar Content that you may post or submit relating to any customer, subcontractor, supplier, service provider, lender and/or creditor is subject to authentication and verification and that HOMII may, in its sole discretion temporarily or permanently remove such Content if it believes, in its sole opinion, that such Content is inaccurate, untruthful or incomplete, includes personal information or other prohibited content, or if HOMII determines in its sole opinion that it has any form of legal, financial or other exposure in terms of such Content. In this respect, HOMII may require that you provide satisfactory evidence of the accuracy, truthfulness and completeness of such Content and underlying facts.

You understand and agree that you are personally responsible for complying with any applicable laws and complying (and not infringing) any third party rights, including, without limitation any privacy rights, personality rights, proprietary rights and trade secrets. Without any limitation to the generality of the foregoing, you shall not post any confidential information nor any information or other materials protected by copyright without the written permission of the copyright owner. By posting any Content, you represent and warrant that: (i) such material is in your lawful possession and can be disclosed, published, republished and communicated without restriction; and (ii) you own the copyright with respect to such Content or that you have received the written permission to post such materials on this Website from the copyright owner. In addition, you grant HOMII and users of this Website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such Content and any information, idea or invention encompassed therein or extractible therefrom.

The Website may allow you to post listings (each, a “Classified Listing”) relating to the sale of, or the desire to purchase, building contractor tools and work related trade items (collectively, “Trade Tools”). Should this be the case, you agree to limit any Classified Listing that you post to Trade Tools and not to include in such Classified Listing any service or any advertising with respect to any service or with respect to any item other than Trade Tools.

You shall not engage in any conduct which may be illegal or otherwise prohibited. Without any limitation to the generality of the foregoing: (i) you shall not engage in any concerted activity that may be construed as resulting in an “unreasonable restraint of trade”; (ii) you shall not engage in any concerted activity that may be construed as constituting unlawful interference with a party’s economic interests; (iii) you shall not engage in any concerted activity that may be construed as constituting an inducement directed at an entity to breach such entity’s contractual obligations; (iv) you shall not post any financial information, medical information or other personal information about a specific, identifiable individual without such individual’s prior written consent; (v) you shall not attempt to delete or revise postings by any other person, nor will you impersonate any other person.

You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. HOMII accepts no responsibility for the opinions, advice, statements and/or information posted on this Website.

You agree not to reproduce, duplicate, harvest, copy, sell, resell or exploit for any commercial purposes, the Website, any Content and/or Service, whether in whole or in part.

You will not use the Website or any Service for any storage or archival purposes. Content posted or otherwise stored on the Website may be removed and/or deleted at any time at HOMII’s sole discretion and without any liability.

You agree to abide by and comply with the Code of Conduct which is accessible here. Without limitation to the foregoing, you agree not to post or direct others to post Feedback about you, your business, your operations, goods and services that are false or misleading, including, without limitation, fictitious Feedback (whether in terms of the identity of the person posting such Feedback, in regards to the subject matter thereof or in regards to both of the foregoing).

You acknowledge and understand that:

– HOMII may investigate and audit Feedback to assess its validity, accuracy and truthfulness, including through use of automated processes.

– HOMII may disclose the fact that potentially fictitious, invalid, inaccurate and/or misleading Feedback has been posted by you (or by someone else) and/or is otherwise associated with you or your Account and/or Profile, as well as incorporate within any scoring feature, metrics, ranking and/or ranking tool information regarding potentially fictitious, invalid, inaccurate and/or misleading Feedback attributable to you or persons whom you have directed.

– Any false or misleading representations and any deceptive marketing practices may constitute a violation of applicable laws, including, without limitation, the Competition Act (Canada) and that HOMII is free to report any such possible violations to governmental authorities or law enforcement bodies.

You agree that HOMII will have no liability whatsoever in regards to any of the foregoing practices.
You agree that any violations of the Agreement and/or Code of Conduct, including, without limitation, the posting of Prohibited Content, and/or the posting of Feedback and/or other Content that is not authentic, truthful, accurate and/or complete, or otherwise fails to comply with the requirements of the Agreement, may be disclosed to users of the Website and/or may be associated with and/or included in your Account and/or Profile.

6. Rankings and Scores

You acknowledge and confirm that: (i) HOMII may at any time and from time to time compile scores and/or rankings with respect to Members and other persons having Profiles (collectively, “Scores and Rankings”); (ii) Scores and Rankings may be based on subjective criteria and/or generated through automated tools; (iii) Scores and Rankings may be based not only on Feedback (in terms of content, volumes and/or otherwise) but may also be based on conduct relating to access to and use of the Website and Services (including, without limitation, the type and amount of information you disclose or otherwise make available in your Profile or otherwise on the Website) as well as other information relating to you, your business, your association or affiliation (legal, business, familial, de facto or other) with third parties with questionable credentials or a checkered past, and/or your operations obtained independently of your Profile and/or use of the Website (including, without limitation, information, extracted from any trade directory, social media site, or any third party resource [such, as by way of example only, the Better Business Bureau or any governmental authority or trade association]); and (iv) Scores and Rankings constitute Content for the purposes of this Agreement.

You agree not to challenge any Scores and Rankings or prevent and/or hinder the creation, display and/or publication of Scores and Rankings by HOMII, its business partners and/or its licensees, and their respective service providers) and further agree that none of the foregoing entities will have any liability with respect to the generation, posting and/or distribution of any Scores and Rankings or their reliance on the foregoing in terms of the operation of the Website and rendering of the Services, or on reliance by any other person in terms of any other matter whatsoever, including, without limitation, any purchasing decision or decision to commence, suspend, resume or terminate any relationship, arrangement or undertaking.

7. User Privacy and Security Policy

Use of this Site is subject to the terms of HOMII’s Privacy Policy. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.

You agree that any collection, use, disclosure, storage, safeguarding, retention, alteration and destruction of any personal information you receive from any user of this Website will be in compliance with the Personal Information Protection and Electronic Documents Act (Canada) as well as in compliance with any other applicable laws. Without limitation to the generality of the foregoing, you agree that any reply or rebuttal to Feedback, and any other content that you post or otherwise publish on the Website or in conjunction with your use of any Service, will comply with all such applicable laws and acknowledge and understand that the disclosure of any personal information is subject to certain restrictions, safeguards and prohibitions. You further acknowledge and understand that certain employee related information constitutes personal information in some jurisdictions and for individuals employed in certain industries or sectors, and that publication or disclosure of such information may be subject to restrictions, safeguards and prohibitions.

You recognize and agree that although HOMII’s security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, HOMII shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website and/or any Service.

You must not attempt to violate the security of the Website, including without limitation: (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the operation of the Website and/or the delivery of the Services including, without limitation through means of a virus or flooding or otherwise overloading the Website’s servers, or by any other similar or dissimilar means.

8. Indemnity

To the maximum extent permitted by applicable law, you will indemnify and hold HOMII, and its affiliates, officers, agents, or other partners, and employees, harmless from any liability, claim or demand, including reasonable legal fees, due to or arising out of: (i) Content you submit, post, transmit or make available on or through the Website; (ii) your violation of this Agreement; (iii) your dealings with other users of the Website or the Services; (iv) any dispute you may have with any other user of the Website; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.

9. Termination or Modification of Service

HOMII reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) without notice. Likewise, HOMII reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Website (or any part thereof) without notice. You agree that HOMII shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or of the Website.

REFER A PRO/CONTRACTOR TERMS

The following Terms of Use (“Terms”) govern your participation in the Refer a Professional Incentive (referred to herein as the “Incentive”).

1) Any person who submits all required and valid information referring a professional to Homii shall be eligible to participate in the Incentive (referred to herein as the “Participants”). Each Participant represents and warrants that:

a) They are a legal resident of Canada and are eighteen (18) years or older at the time of submitting a Referral;and

b) The Referral is personally known to the Participant.

2) A “Qualifying Referral” is defined as (i) a Participant successfully creating their unique link via the Homii website, and sharing with a professional known to Participant (a “Referral”), which is not a “Duplicate Account” (as defined below), and (ii) where the Referral subsequently pays Homii’sSubscription Fee, where applicable, passes Homii’s then-applicable screening criteria and is approved for membership into the Homii Community by Homii within 60 calendar days of Homii’s receipt of the Referral. Homii reserves the right, in its sole discretion, to approve or deny any Referral for membership in Homii’s Community. A “Duplicate Account” is defined as a service professional that is a current or former member of the Homii Community, or that is in Homii’s sales database, including prospective member professionals.

3) For each Qualifying Referral, the Participant may be eligible to receive certain compensation (“Compensation”). Compensation, if any is being offered under this Incentive, will be solely set forth in the advertisement for the Incentive, which may be received via email, online advertisement, or otherwise. If the Compensation, if any, is provided in the form of a third party product or gift card, such Compensation shall also be governed by the third party’s terms and conditions applicable to such form of Compensation.

4) Each Participant will not be limited to a maximum Compensation under the Incentive.

5) Any Compensation will be issued within approximately 45 days of the date that the Qualifying Referral has been approved into the Homii Community. To clarify, Compensation will be issued within approximately 45 days of the date that the contractor (who the Participant referred) signs up to the Homii website and pays for their subscription.

6) All Referral contact information and email addresses become the property of Homii, and Homii reserves the right to market to such Referrals.

7) Homii reserves the right, in its sole discretion, to modify this Incentive at any time by posting a revised version of these Terms. In addition, Homii may cancel or suspend this Incentive in its sole discretion at any time, without notice.

8) Homii is not responsible for any technical, hardware, software, or telephone failures of any kind, lost or unavailable connections, incomplete, garbled or delayed computer transmissions, whether caused by Homii, users of the Homii website, or by any of the equipment or programming associated with or utilized in this Incentive, or by any technical or human error which may occur in the processing of submissions, or fraud.

9) Homii makes no representations or warranties regarding the Incentive other than as specifically set forth in these Terms. Without limiting the foregoing, Homii makes no representations or warranties that Referrals will become Qualifying Referrals.

10) Employees and Consultants (and their immediate families) of Homii or any subsidiary or affiliated company, are not eligible to participate in this Incentive.

11) Homii reserves the right, in its sole discretion, to exclude or remove any Participant from the Incentive, with or without notice.

12) Void where prohibited or restricted by law, statute, regulation, or other appropriate authority.

13) Incentive is open to legal residents of Canada who are eighteen (18) years or older at the time of Referral submission. Proof of age, eligibility, and identity must be provided before Compensation is paid.

14) Payment of all applicable provincial and federal taxes resulting from Compensation is the sole responsibility of the Participant.

15) Homii specifically disclaims, and assumes no responsibility or liability for damages, loss, or injury resulting from redemption of any certificates or merchandise received upon redemption or exchange of a certificate.

PLEASE NOTE that the Terms and Conditions of Use contain limitations of liability affecting your rights and remedies and also provide that your profile and any associated reviews, ratings, feedback, comments, anecdotes and the like, will remain on this Website even after you terminate your account.