HOMEUR TERMS OF SERVICE

These Terms of Service were last updated on 1st June 2019.

These Homeur Terms of Service (together with the enclosed Appendices, the “Agreement”) are an agreement between the person visiting, browsing, accessing, or otherwise using (the terms “use” and “using” will refer to any of the foregoing) the Platform and Homeur Inc. (“Homeur”, “we”, “us” or “our”), and is entered into the earlier of: (a) the date you first use any part of the Platform; and (b) the date you agree to be bound by this Agreement (the “Effective Date”). The Appendices enclosed below are hereby incorporated into these Homeur Terms of Service by reference.

BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 3 BELOW. THE TERM “YOU” REFERS TO THE PERSON OR ENTITY USING THE PLATFORM. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. YOU REPRESENT AND WARRANT TO HOMEUR THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF YOU ARE USING THE PLATFORM ON BEHALF OF ANOTHER PERSON, YOU HEREBY REPRESENT AND WARRANT TO HOMEUR THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.

1. Definitions. Capitalized terms used but not defined in the body of this Agreement have the meaning set forth below:

  • (a) “Aggregated Data” means data, information or other materials that do not identify a particular individual or company.
  • (b) “Modifications” means modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations, and “Modify” has a corresponding meaning.
  • (c) “Personal Information” means information about an identifiable individual.
  • (d) “Platform” means (1) our website located at [www.homeur.com] (the “Website”); and (2) all other products or services provided by us, as described on the Website or in this Agreement.
  • (e) “User Data” means any data, information, content, records, and files that you (or any persons to whom you provide access to the Platform whether such access is permitted by or in violation of this Agreement) load, collect or receive through, transmit to or enter into the Platform, including Personal Information.

2. Terms Applicable to Customers and Sellers

In addition to the terms and conditions set out in the main body of these Terms of Service:

  • (a) if you are using the Platform for the purposes of purchasing goods or services from homebased businesses (a “Customer”), the provisions set out in Appendix A (Terms Applicable to Customers) will apply and the provisions set out in Appendix B (Terms Applicable to Sellers) will not apply;
  • (b) if you are using the Platform for the purposes of selling goods or services from one or more home based businesses (a “Seller”), the provisions set out in Appendix B (Terms Applicable to Sellers) will apply and the provisions set out in Appendix A (Terms Applicable to Customers) will not apply; and
  • (c) if you are both a Customer and a Seller, the provisions set out in Appendix A (Terms Applicable to Customers) and Appendix B (Terms Applicable to Sellers) will apply.

3. Changes to the Agreement and the Platform

  • (a) Except where prohibited by applicable law, we reserve the right to change this Agreement at any time without notice. Your continued use of the Platform after any changes to this Agreement indicates your acceptance of such changes. It is your responsibility to review this Agreement regularly for any changes.

  • (b) We reserve the right to change any information, material or content contained on or provided through the Platform at any time, and from time to time, without notice.

4. Access to and Use of the Platform

  • (a) Provisioning of the Platform. Subject to your compliance with the terms and conditions of this Agreement, Homeur will make the Platform available to you on the terms and conditions set out in this Agreement.
  • (b) Restrictions on Use. You acknowledge and agree that you are responsible for compliance by all persons to whom you provide access to the Platform whether such access is permitted by or in violation of this Agreement, with this Agreement and any guidelines and policies published by Homeur from time to time, and the activities of all such persons on the Platform. Without limiting the generality of any of the foregoing, you must not itself, and will not permit others to:
    • (i) sub-license, sell, rent, lend, lease or distribute the Platform or any intellectual property rights therein or otherwise make the Platform available to others;
    • (ii) use the Platform to permit timesharing, service bureau use or commercially exploit the Platform;
    • (iii) use or access the Platform in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the Platform, or for any purpose or in any manner not expressly permitted in this Agreement;
    • (iv) use the Platform to create, collect, transmit, store, use or process any User Data: (A) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (B) that you do not have the lawful right to create, collect, transmit, store, use or process; or (C) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
    • (v) Modify the Platform;
    • (vi) reverse engineer, de-compile or disassemble the Platform;
    • (vii) remove or obscure any proprietary notices or labels on the Platform, including brand, copyright, trademark and patent or patent pending notices;
    • (viii) access or use the Platform for the purpose of building a similar or competitive product or service; or
    • (ix) perform any vulnerability, penetration or similar testing of the Platform.
  • (c) Suspension of Access; Scheduled Downtime; Modifications. Homeur may, at its discretion:
    • (i) suspend your access to or use of the Platform or any component thereof: (A) for scheduled maintenance; (B) if you or any person who uses your User Account violates any provision of this Agreement; or (C) to address any emergency security concerns; and
    • (ii) Modify the Platform. You are required to accept all patches, bug fixes and updates made by or on behalf of Homeur to the Platform. Homeur may engage third parties to provide the Platform

5. Ownership; Reservation of Rights

  • (a) Homeur or its licensors retain all ownership and intellectual property rights in and to: (i) the Platform; (ii) anything developed or delivered by or on behalf of Homeur under this Agreement; and (iii) any Modifications to the foregoing (i) and (ii).
  • (b) All rights not expressly granted by Homeur to you under this Agreement are reserved.

6. User Accounts

Upon your request, Homeur will issue one account (the “User Account”) to you to access and use the Platform. You will only use the Platform through the User Account. You will not share the User Account with any other person. You will promptly notify Homeur of any actual or suspected unauthorized use of the Platform. Homeur reserves the right to suspend, deactivate, or replace the User Account if it determines that the User Account may have been used for an unauthorized purpose. You will ensure that all individual users of the Platform, whether such access or use is permitted by or in violation of this Agreement, are contractually bound to terms and conditions that are no less restrictive or protective of Homeur’s rights than those set forth in this Agreement.

7. Support

You will generally have access to Homeur’s technical support services (“Support Services”) via email at admin@homeur.com.

8. Privacy Policy

You understand that Personal Information will be treated in accordance with Homeur’s privacy policy located at https://homeur.com/privacy-policy (the “Privacy Policy”).

9. Third Party Websites

The Platform may provide links to third party websites. We do not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at its own risk.

10. Viruses

We cannot and do not guarantee or warrant that the Platform is compatible with any computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform. We will maintain industry standard anti-virus software and tools on systems providing the Platform.

11. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Platform. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from and through the Platform, you acknowledge and agree that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.

12. Warranty; General Disclaimer

You represent and warrant to, and covenant with Homeur that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable Homeur to provide the Platform including with respect to the collection, storage, access, use, disclosure, processing and transmission of Personal Information, and to create Aggregated Data.

USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE PLATFORM, OR THAT THE PLATFORM IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

WE HAVE NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF USERS (INCLUDING ANY CUSTOMERS OR SELLERS). WE HAVE NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN DISPUTES THAT MAY ARISE BETWEEN USERS, CUSTOMERS OR SELLERS, OR THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PLACING OR ACCEPTING ORDERS RESTS SOLELY WITH YOU. IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY YOU MAY INTERACT WITH THROUGH THE USE OF THE PLATFORM. WE MAY, BUT HAVE NO RESPONSIBILITY TO, SCREEN OR OTHERWISE EVALUATE POTENTIAL CUSTOMERS OR SELLERS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THE IDENTITY OR ACTIONS OF ANY SELLER OR CUSTOMER AND WE REQUEST THAT YOU EXERCISE CAUTION AND GOOD JUDGEMENT WHEN USING THE PLATFORM.

13. Limitation of Liability

  • (a) TYPE. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE OR LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR ANY PURCHASE AGREEMENT.
  • (b) AMOUNT. TO THE EXTENT THE LIMITATION OF LIABILITY IN SECTION 13(a) OF THE MAIN BODY OF THIS AGREEMENT DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF US OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR UNDER THIS AGREEMENT, ANY PURCHASE AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ANY PURCHASE AGREEMENT EXCEED $100 CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

14. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, partners, employees, agents, successors and assigns (collectively, the “Homeur Indemnitees”) from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including but not limited to reasonable legal and accounting fees), claimed against the Homeur Indemnitees by third parties relating to:
  • (a) your breach of any warranties, conditions, representations or obligations under this Agreement or any documents referenced herein;
  • (b) your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights);
  • (c) your breach of or failure to perform under any Purchase Agreement; and
  • (d) any misrepresentations made to other Customers or Sellers on the Platform.

15. Term and Termination

This Agreement will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate this Agreement as follows: (a) we may terminate this Agreement at any time and with immediate effect by giving 30 days prior written notice to you by email (at your current email address on file with us) or through the Platform; and (b) you may terminate this Agreement upon 30 days prior written notice by requesting (by email or through any then-available interfaces on the Platform) that this Agreement be terminated between the parties and all your User Accounts be deleted and by ceasing use of the Platform.

16. Geographic Application of the Platform

Not all of the services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law.

17. Governing Law and Jurisdiction

This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your use of the Platform, notwithstanding your domicile, residency or physical location. The Platform is intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Platform.

18. General Provisions

  • (a) Notices sent to either party will be effective when delivered in writing and in person or by email, one day after being sent by overnight courier, or five days after being sent by first class mail postage prepaid to the official contact designated by the party to whom a notice is being given. Notices must be sent: (i) if to Homeur, to the following address:

    [Homeur’s Address]
    Attention: Homeur Administration
    Email: admin@homeur.com

    and (ii) if to you, to the current postal or email address that Homeur has on file for you. Homeur may change its contact information by posting the new contact information on the Platform or by giving notice thereof to you. You are solely responsible for keeping you contact information on file with Homeur current at all times during the Term.
  • (b) This Agreement constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • (c) Either party’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provisions or right.
  • (d) If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from this Agreement and all other provisions of this Agreement will remain in full force and effect.
  • (e) It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
  • (f) Except as otherwise provided in this Agreement, the parties’ rights and remedies under this Agreement are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. The terms “consent” or “discretion”, means the right of a party to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to the other party.
  • (g) Neither party will be liable for delays caused by any event or circumstances beyond that party’s s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that Party’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third party websites.
  • (h) The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason: Sections 5, 9, 10, 11, 12, 13, 14, 17, 18, 2 to 5 of Appendix A, and 2 to 6 of Appendix B.

APPENDIX A – TERMS APPLICABLE TO CUSTOMERS

1. Permitted Use

The Platform is provided solely to: (a) enable you to search for and view the profile made available by Sellers with the objective of entering into a purchase of goods or services; and (b) facilitate communication between you and Sellers.

2. Additional Obligations of Customers

  • (a) Without limiting an of your responsibilities under this Agreement, you are responsible for:
    • (i) ascertaining the identity of any Sellers;
    • (ii) verifying the price of any goods or services you purchase from Customers;
    • (iii) ensuring you have sufficient information relating to any health and safety risks, including ascertaining that the Seller is, if applicable, registered or licensed with the applicable authority;
    • (iv) ascertaining whether the Seller is fair, honest, reasonable or reliable; and
    • (v) verifying all information provided by the Seller in relation to goods or services provided.
  • (b) You will immediately notify us if you have any reasonable to suspect that the Seller is in breach with this Agreement or your Purchase Agreement with them, or that any profile of the Seller is misleading, false, inaccurate or incomplete.
  • (c) You will immediately contact your local law enforcement if, during your interactions with the Seller or your purchase of goods or services using the Platform, you observe criminal activity or you feel like you or someone you know is in immediate danger.

3. Purchase Agreements with Sellers

  • (a) If you would like to engage a Seller through the Platform, you may enter into a Purchase Agreement with that Seller by clicking on the [“Order”] button. By sending a request to a Seller, you are extending an offer to enter into a contract on such terms and conditions as set out in that Seller’s profile, including: (1) the description of the Seller’s goods or services; (2) the scheduling or delivery terms specified; and (3) the stated price (the “Purchase Agreement”). Upon the Seller clicking the [“Accept”] button, the Seller has accepted your offer and the Purchase Agreement is formed. You will receive a notification through the Platform that your offer has been accepted.
  • (b) Notwithstanding the foregoing, you acknowledge that you are engaging directly with the Seller and not us, and that we are not a party to and will be in no way responsible for the performance of any Seller under any Purchase Agreement. We do not make any representations or warranties of any kind with respect to a Seller, their goods, services or a Purchase Agreement and you acknowledge and agree that we are not an agent or representative of you or any Seller.

4. Payments to Sellers

  • (a) Facilitation of Purchase Agreement Payments. You acknowledge and agree that, to facilitate the payments between you and Sellers under each Purchase Agreement (each such payment, the “Purchase Agreement Fee”), you may: (i) transact directly with the Seller using cash; or (ii) you may use the payment processing services in the Platform. If you use the payment processing services in the Platform, you authorize us to withdraw the Purchase Agreement Fee from the User Payment Account (as defined below) and deposit such fee into the applicable Seller’s account with the Payment Processing Services Provider (as defined below) on your behalf. If a refund of the Purchase Agreement Fee is available and is approved by the Seller and the Purchase Agreement Fee was paid: (i) in cash, then the refund will be issued to you by the Seller in cash; or (ii) through the Payment Processing Service Provider, then the refund will be provided issued to your User Payment Account.
  • (b) Payment Processing Services. Payment processing services for the Platform are provided by Stripe Payments Canada Ltd. (the “Payment Processing Services Provider”). As a condition of us enabling payment processing services through the Payment Processing Services Provider, you agree to enter into and comply with any terms and conditions of the Payment Processing Services Provider that applies to such payment processing services and provide us with your account information with the Payment Processing Services Provider (the “User Payment Account”).
  • (c) Purchase Agreement Fee Dispute. You will notify the Seller (and not us) directly of any disagreement with any Purchase Agreement Fee (including withdrawals of incorrect amounts) and resolve such deposits directly with such Seller. You acknowledge and agree that while we may make Purchase Agreement Fee withdrawals on behalf of Sellers, we are not responsible for any delayed or incorrect Purchase Agreement Fee withdrawals.
  • (d) Change to User Payment Accounts. It is your responsibility to promptly notify us of any changes to the User Payment Accounts and you acknowledge and agree that we will not be responsible for any incorrect or delayed payments made to the User Payment Accounts attributable to the information you have provided us in respect of the User Payment Accounts.

5. Seller Disclaimer

SELLERS ARE INDEPENDENT PERSONS AND NOT PARTNERS, AGENTS OR EMPLOYEES OF OURS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THE QUALITY OR LEGALITY OF THE GOODS OR SERVICES THAT SELLERS MAKE AVAILABLE OR PROVIDE. HOMEUR DOES NOT INSPECT, CERTIFY THE CONDITION OF, OR TRANSPORT GOODS AND SERVICES. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY SELLER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKE NO RESPONSIBILITY WHATSOEVER RELATED TO ANY PURCHASE AGREEMENTS ENTERED INTO BY YOU AND ANY SELLERS (INCLUDING ANY DELAYED OR INCORRECT PAYMENTS OR NONPAYMENTS UNDER SUCH PURCHASE AGREEMENTS). WE DO NOT RECOMMEND OR ENDORSE ANY SELLERS AND RECOMMEND THAT YOU PERFORM YOUR OWN DUE DILIGENCE BEFORE ENTERING INTO ANY PURCHASE AGREEMENT.

APPENDIX B – TERMS APPLICABLE TO SELLERS

1. Permitted Use by Sellers

The Platform is provided solely to: (a) enable to make available information about yourself and your goods and services on the Platform, including your prices (each, a “Seller Profile”) with the objective of marketing yourself to Customers that are interested in entering into a Purchase Agreement with you; and (b) facilitate communication between you and Customers.

2. Standards of Performance and Additional Obligations of Sellers; Ownership

  • (a) You will not offer or sell any goods and services that you are not permitted to offer or sell under applicable laws.
  • (b) You acknowledge that your goods and services will satisfy all applicable laws acknowledge that any violation of applicable laws will be grounds for immediate termination of this Agreement as well as an action against you for damages.
  • (c) You will provide reasonable care and skill in fulfilling any Purchase Agreement in a manner consistent with generally accepted standards in the industry in which you operate.
  • (d) You will not be misleading, deceptive or contravene any applicable consumer, health and safety and e-commerce laws and regulations.
  • (e) You will provide accurate descriptions of your qualifications and certifications and will not mislead Customers about your qualifications and certifications.
  • (f) You will not supply any restricted goods or services.
  • (g) You agree to provide or deliver all orders to Customers within the times agreed to with the Customer pursuant to the Purchase Agreement.
  • (h) You will promptly notify us in the event you have any reason to suspect that a Customer has breached the terms of this Agreement or your Purchase Agreement, or that any profile of the Seller is misleading, false, inaccurate or incomplete.
  • (i) You retain all ownership and intellectual property rights in and to User Data. You grant to Homeur a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and fully paid-up right to access, collect, use, process, store, disclose and transmit User Data to: (i) make the
Platform available and to provide the services; (ii) improve and enhance the Platform; (iii) make available other Homeur or third party products and services through the Platform; and (iv) produce Aggregated Data. Homeur may create, use, process, store, disclose and transmit the Aggregated Data in order to improve our product and service offerings, provide performance metrics to Sellers or for any other purpose and without restriction or obligation to you of any kind.

3. Purchase Agreements with Customers

  • (a) A Customer may enter into an agreement through the Platform for your goods or services by clicking on the [“Order”] button. By sending you a request, the Customer is extending into an offer to enter into a contract on such terms and conditions as set out in your Seller Profile, including without limitation: (i) the description of your goods or services; (ii) your expertise and interests; and (iii) your prices (the “Purchase Agreement”). By clicking the [“Accept”] button, you have accept the Customer’s offer and the Purchase Agreement is formed. The Customer will receive a notification through the Platform that you have accepted their offer.
  • (b) Notwithstanding the foregoing, you acknowledge that you are engaging directly with the Customer that receives your goods and services and not us, and that we are not a party to and will be in no way responsible for the performance of any Customer under any Purchase Agreement. We do not make any representations or warranties of any kind with respect to a Customer or a Purchase Agreement and you acknowledge that We are not an agent or representative of you or any Customer.

4. Payments from Customers

  • (a) Facilitation of Purchase Agreement Fee Payments and Platform Payment Processing Fee Payment. You acknowledge and agree that, to facilitate the payments between you and Customers under each Purchase Agreement (each such payment, the “Purchase Agreement Fee”), you may: (i) transact directly with the Customer using cash; or (ii) you may use the payment processing services in the Platform. If you use the payment processing services in the Platform, you authorize us to withdraw the Purchase Agreement Fee from the applicable Customer’s account with the Payment Processing Services Provider and deposit an amount that is equal to the Purchase Agreement Fee (as defined below) minus the Platform Payment Processing Fee (as defined below), into the User Payment Account on your behalf. If you authorize a refund of the Purchase Agreement Fee: (i) if the fee was paid in cash, then you will issue a refund to the Customer directly in cash; or (ii) if the fee was paid using the Payment Processing Service Provider, then the you will notify us and we will issue a refund to the Customer on your behalf.
  • (b) Payment Processing Services. Payment processing services for the Platform are provided by Stripe Payments Canada Ltd. (the “Payment Processing Services Provider”). As a condition of us enabling payment processing services through the Payment Processing Services Provider, you agree to enter into and comply with any terms and conditions of the Payment Processing Services Provider that applies to such payment processing services and provide us with your account information with the Payment Processing Services Provider (the “User Payment Account”). You are responsible to pay us, and we will be entitled to collect from you, all fees charged by the Payment Processing Services Provider relating to your use of the payment processing services provided in the Platform.
  • (c) Platform Usage Fee Dispute. If you disagree with any Purchase Agreement Fee that we have deposited into the User Payment Account, you will notify us of your agreement within 45 days of the date that we made the deposit through the Payment Processing Services Provider. If you fail to notify us of any disagreement within such 45 day period, you will be deemed to have irrevocably accepted and agreed with such.
  • (d) Purchase Agreement Fee Dispute. Subject to Section 4(c), you will notify the Customer (and not us) directly of any disagreement with any Purchase Agreement Fee and resolve such fee disputes with such Customer. You acknowledge and agree that while we may facilitate payments in connection with Purchase Agreements, we are not responsible for any delayed or incorrect Purchase Agreement Fee deposits.
  • (e) Change to User Payment Accounts. It is your responsibility to promptly notify us of any changes to the User Payment Accounts and you acknowledge and agree that we will not be responsible for any incorrect or delayed payments made to the User Payment Accounts attributable to the information you have provided us in respect of the User Payment Accounts.

5. Platform Fees

  • (a) Platform Fees. Seller will pay to Homeur the applicable fees described on the Platform (the “Platform Fees”) during the Term.
  • (b) Invoicing. Homeur will prepare and send to Seller, at the then-current contact information on file with Homeur, an invoice for any Platform Fees that have become due and payable. Unless otherwise expressly stipulated in an invoice, Seller will pay all invoiced amounts within 45 calendar days of the invoice date. For greater certainty, if Seller has subscribed to an ongoing subscription, then such subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the Website, and Homeur will invoice or charge Seller on a recurring basis.
  • (c) Disputed Invoices or Charges. If Seller believes Homeur has charged or invoiced Seller incorrectly, Seller must contact Homeur no later than 45 days after having been charged by Homeur or receiving such invoice in which the error or problem appeared in order to request an adjustment or credit. In the event of a dispute, Seller will pay any undisputed amounts in accordance with the payment terms herein, and the parties will discuss the disputed amounts in good faith in order to resolve the dispute.
  • (d) Late Payment. Seller may not withhold or setoff any amounts due under this Agreement. Homeur reserves the right to suspend Seller’s access to the Platform until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.
  • (e) Taxes. The Platform Fees set out in this Agreement do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes. Seller will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement other than taxes based on the net income or profits of Homeur.
  • (f) Suspension. Any suspension of the Platform by Homeur pursuant to the terms of this Agreement will not excuse Seller from its obligation to make payments under this Agreement.

6. Customer Disclaimer

CUSTOMERS ARE INDEPENDENT PERSONS AND NOT PARTNERS, AGENTS OR EMPLOYEES OF OURS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THE QUALITY OF ANY CUSTOMERS. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY CUSTOMER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKE NO RESPONSIBILITY WHATSOEVER RELATED TO ANY PURCHASE AGREEMENTS ENTERED INTO BY YOU OR ANY CUSTOMERS. WE DO NOT RECOMMEND OR ENDORSE ANY CUSTOMERS AND RECOMMEND THAT YOU PERFORM YOUR OWN DUE DILIGENCE BEFORE ENTERING INTO ANY PURCHASE AGREEMENT.