SERVICEBYSTUDENT
APP TERMS AND CONDITIONS (the "Terms" or the "Agreement")
"ServiceByStudent"
is the brand and trademark for the App (as defined below) owned by
OiC Professional Services Corp. ("OiC"). All rights (including ownership) of
every kind relating to the App and ServiceByStudent
intellectual property are exclusively owned and enforceable by OiC. For the purposes of this Agreement any
reference to the term "ServiceByStudent" shall also
be a reference to OiC.
The
following General Terms and Conditions (the "Terms") apply to both a
visitor's use of the ServiceByStudent App mobile
platform in both iOS and Android formats (the "App") and the use of ServiceByStudent's website at www.servicebystudent.com
(hereinafter the "Website").
The terms "You"
or "Your" (in both upper
and lower case) refer to the individuals using the App and Website
(also an "ServiceByStudent User") as well as
individuals or organizations who are providing services to ServiceByStudent Users on an App or Website (an "ServiceByStudent Service Professional"). The terms "We", "Our" or "Us" (in both upper and lower
case) refer to OiC's rights as owner of ServiceByStudent. The
Agreement is an agreement between You and Us
and by using the App, or visiting the Website, You agree to be bound
by the Terms.
BY
DOWNLOADING, ACCESSING OR USING OUR APP AND REGISTERING AN ACCOUNT,
OR ENGAGING IN ANY WAY WITH A PRODUCT, OR SERVICE OFFERED BY AN
SERVICEBYSTUDENT SERVICE PROFESSIONAL, OR PROVIDING OR OFFERING A SERVICE AS AN
SERVICEBYSTUDENT SERVICE PROFESSIONAL, ACCORDING TO THE TERMS AND CONDITIONS
BELOW, YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,
AND AGREE TO BE BOUND BY THESE TERMS. YOU ACKNOWLEDGE THAT THESE
TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND US, EVEN THOUGH IT IS
ELECTRONIC AND IS NOT PHYSICALLY SIGNED BY EITHER YOU OR US. IF YOU
DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE APP AND
WEBSITE OR USE THE SERVICES OR CONTENT IN ANY WAY.
Further,
by purchasing any ServiceByStudent Service
Professional offering, product or service or participating in other
available programs via the App or the Website, or by engaging, as an
ServiceByStudent User with any ServiceByStudent
Service Professional You both agree to these Terms of Use.
1.
Description
of ServiceByStudent:
ServiceByStudent
is a proprietary platform that enables prospective clients to find,
book, and connect with service professionals in real-time based on
availability and location. Further, ServiceByStudent
helps service professionals maximize revenues and number of clients,
and minimize downtime. It
enables users (an "ServiceByStudent User") to maximize their
time; and enables service professionals (an "ServiceByStudent Service Professional") to
maximize revenues, increase client count and minimize downtime. Both
ServiceByStudent Users and ServiceByStudent
Service Professionals are bound by these terms and any reference to
"You" (in upper or lower case) shall include both an ServiceByStudent User and an ServiceByStudent
Service Professional.
2.
How
ServiceByStudent Works:
ServiceByStudent
is a proprietary platform that brings together service professionals
and potential clients based on availability and location. Whenever
someone is available and needs a service immediately, they can find
on their ServiceByStudent App a service professional
(the ServiceByStudent Service Professional) who is
currently available (in real-time) - at the preferred location. The proprietary platform allows for
searching, connecting, advertising and booking of services in real
time between ServiceByStudent Users and ServiceByStudent Service Professionals. The ServiceByStudent
Service Professional and the ServiceByStudent User
connect and agree on the services to be provided using the App. Such
transaction is wholly independent from the App and as such we have no
responsibility, liability, or warranty in relation to this
transaction.
3.
Obligations
of ServiceByStudent Users and ServiceByStudent
Service Professionals"
ServiceByStudent
Users and ServiceByStudent Service Professionals
agree to adhere to the following covenants, and further agree that a
breach of any of the following is sufficient cause for their account
with ServiceByStudent to be terminated:
a.
ServiceByStudent
Users: Agree
to,
i.
Adhere
to, or provide reasonable cancellation notice for, any appointments
that they set up with an ServiceByStudent Service
Professional; and
ii.
Pay
all fees associated with any service that they request from an ServiceByStudent Service Professional;
b.
ServiceByStudent
Service Professionals: Agree
to,
i.
Provide
and complete the service requested by the ServiceByStudent
User before they are eligible to receive fees from an ServiceByStudent User; and
ii.
Update
their availability to perform services in a prompt and timely manner;
and
iii.
Not
misrepresent that they can perform a service that they are otherwise
unavailable to perform.
c.
Our
protection from liability relating to the engagement between the ServiceByStudent User and the ServiceByStudent
Service professional shall be complete to the fullest extent of the
law. As such, both ServiceByStudent Users and ServiceByStudent
Service Professionals agree to indemnify and hold Us harmless for any
fees, costs, damages, payments, claims of any nature relating to a
service appointment that is cancelled or unpaid (on the part of an ServiceByStudent User) or that is performed incorrectly, or
in a way that that causes damages (on the part of the ServiceByStudent Service Professional). We have shall no liability,
whatsoever, with respect to the engagement between an ServiceByStudent User and an ServiceByStudent
Service Professional other than providing an initial connection
through the App. Any decision
by an ServiceByStudent User to engage an ServiceByStudent Service Professional to perform a service,
or a decision by an ServiceByStudent Service
Professional to actually perform a service is an independent
transaction between such ServiceByStudent User and ServiceByStudent Service professional for which we have no
engagement, liability, warranty, or responsibility.
4.
Your
Account and Profile
a.
To
become an ServiceByStudent User or an ServiceByStudent Service Professional you must download and
register the App. During the
registration process you will be required to submit your name, phone
number, address and company information (in the event of an ServiceByStudent Service Professional). ServiceByStudent
users may also sign up using their Facebook or LinkedIn accounts
(such account sign-in is subject to the terms of Section 20 below).
b.
Your
account is non-transferrable. You cannot sell, combine, or otherwise
share it with any other person, entity or company. Any violation of
these terms, including, without limitation, failure to maintain
updated and correct information about your account, which will
include maintaining up to date financial information, will cause your
account to fall out of good standing and we reserve the right to
cancel your account in our sole discretion. If your account is
cancelled, you may forfeit any pending, current or future account
credits, and any other forms of unredeemed value in your account.
c.
Upon
termination, the provisions of these terms that are by their nature
intended to survive termination (indemnities, waivers, and
confidentiality and intellectual property provisions) shall survive.
We also reserve the right to change or discontinue any aspect or
feature of our services or the App or Website, including, without
limitation, requirements and eligibility for use.
d.
You
may only create and hold one account on the App for your personal
use, or for your use as an ServiceByStudent Service
Professional, and You must register using a
valid credit card. You are responsible for updating and correcting
information you have submitted to create or maintain your account.
e.
You
understand and agree that we have no responsibility for any incident
arising out of, or related to, your account settings. You must
safeguard your password and supervise the use of your account. You
are solely responsible for maintaining the security of your account
and maintaining settings that reflect your preferences. We will
assume that anyone using the App and Website or transacting through
your account is you. You agree that you are solely responsible for
any activity that occurs under your account.
5.
ServiceByStudent
Service Professional Fees: Currently ServiceByStudent
Service Professionals are not charged a fee for utilizing the App (to
the fullest extent available) and posting service availability. We do however reserve the exclusive
right to change this provision and charge ServiceByStudent
Service Professionals a fee that we see fit, in our sole discretion, upon
thirty (30) day notice to ServiceByStudent Service
Professionals.
6.
Your
Permission To Use and Access Our App: Your
permission to use our App is conditional upon Your agreement that
You:
a.
are
18 years of age and can enter legally into a binding agreement;
b.
will
comply with these terms;
c.
will
provide accurate information when creating an account or downloading
the App;
d.
are
solely responsible for your user account and the activity that occurs
while signed in to or while using our App;
e.
will
not use our App to collect any personally identifiable information,
including account names, email addresses, or other such information,
for commercial solicitation purposes;
f.
will
not use the communication systems provided by or contacts made on our
App for any commercial solicitation purposes;
g.
are
solely responsible for your content submissions, including discussion
posts, profile information and links, pictures, and other such
content (if the same are made available through our App);
h.
represent
that you own or have the necessary licenses, rights, permissions, and
consents to use and authorize us to use any and all content submitted
by You to Us in accordance with the licenses granted in these terms;
i.
Represent,
in the event that you are an ServiceByStudent Service
Professional that you have the necessary skill, resources, business
licenses, and legal authority to perform the services that you
advertise;
j.
Represent,
in the event that you are an ServiceByStudent User
that you will pay for services to ServiceByStudent
Service Professionals in accordance with the terms and conditions set
out by the ServiceByStudent Service Professional.
k.
will
not submit content that is copyrighted or subject to third party
proprietary rights, including privacy, publicity, or trade secret,
unless you are the owner of such rights or have the appropriate
permission from their rightful owner to specifically submit such
content to ServiceByStudent; and
l.
Hereby
agree that we have the right to determine whether any of your content
submissions are appropriate and comply with these terms, remove any
and/or all of your submissions, and terminate your account with or
without prior notice.
m.
Failure
to adhere to these covenants can result in immediate termination of
your ServiceByStudent Service Professional account.
7.
App
User Conduct: With
respect to the App, both ServiceByStudent Users and ServiceByStudent Service Professionals expressly agree:
a.
To:
i.
Comply
with all applicable laws, including, without limitation, privacy
laws, intellectual property laws, anti-spam laws, export control
laws, tax laws, and regulatory requirements;
ii.
Provide
accurate information to Us and keep it updated;
iii.
Use
Your real name (or the real name of your organization) on your
profile;
iv.
Comply
with the Canadian Anti-Spam rules and regulations;
b.
To
not::
i.
Act
dishonestly, including by posting inappropriate, inaccurate, or
objectionable content or advertisements for work that you cannot
perform (as an ServiceByStudent Service Professional)
either because of lack of skill, availability or because the work is
not legal to be performed by You;
ii.
Add
content that is not intended for, or inaccurate for, a designated
field (e.g. submitting a telephone number in the "title" or any other
field, or including telephone numbers, email addresses, street
addresses or any personally identifiable information for which there
is not a field provided by ServiceByStudent);
iii.
Create
a false identity on ServiceByStudent;
iv.
Misrepresent
your identity, including but not limited to the use of a pseudonym;
v.
Disclose
your password;
vi.
Use
or attempt to use another's account;
vii.
Harass,
abuse or harm another person;
viii.
Send
spam or other unwelcomed communications to others;
ix.
Scrape
or copy profiles and information of others through any means
(including crawlers, browser plugins and add-ons, and any other
technology or manual work);
x.
Act
in an unlawful, libelous, abusive, obscene, discriminatory or
otherwise objectionable manner;
xi.
Disclose
information that you do not have the right to disclose (such as
confidential information of others);
xii.
Violate
intellectual property rights of others, including patents,
trademarks, trade secrets, copyrights or other proprietary rights;
xiii.
Violate
the intellectual property or other rights of ServiceByStudent,
including, without limitation, using the word "ServiceByStudent"
or our logos in any business name, email, or URL;
xiv.
Private
message any unsolicited or unauthorized advertising to your ServiceByStudent Service Professional's, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation unauthorized by ServiceByStudent;
xv.
Send
messages to distribution lists, newsgroup aliases, or group aliases;
xvi.
Post
anything that contains software viruses, worms, or any other harmful
code;
xvii.
Manipulate
identifiers in order to disguise the origin of any message or post
transmitted through the services;
xviii.
Create
profiles or provide content that promotes escort services,
prostitution or any other illegal offering or service;
xix.
Creating
or operate a pyramid scheme, fraud or other similar practice;
xx.
Copy
or use the information, content or data of others available on the
App (except as expressly authorized);
xxi.
Copy
or use the information, content or data on ServiceByStudent
in connection with a competitive service from another AnaiNu Service Professional (as determined by ServiceByStudent);
xxii.
Copy,
modify or create derivative works of ServiceByStudent,
the services we offer through the App or any related technology
(except as expressly authorized in writing by ServiceByStudent);
xxiii.
Reverse
engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for the App or any related technology, or any
part thereof;
xxiv.
Imply
or state that you are affiliated with or endorsed by ServiceByStudent without our express consent;
xxv.
Remove
any copyright, trademark or other proprietary rights notices
contained in or on our App;
xxvi.
Remove,
cover or obscure any advertisement included on the App;
xxvii.
Collect,
use, copy, or transfer any information obtained from ServiceByStudent without the consent of ServiceByStudent;
xxviii.
Share
or disclose information of others without their express consent;
xxix.
Use
manual or automated software, devices, scripts robots, other means or
processes to access, "scrape," "crawl" or "spider" the App or any
related data or information;
xxx.
Use
bots or other automated methods to access the App, add or download
contacts, send or redirect messages;
xxxi.
Monitor
the App's availability, performance or functionality for any
competitive purpose;
xxxii.
Engage
in "framing," "mirroring," or otherwise simulating the appearance or
function of the App;
xxxiii.
Access
the App except through the interfaces expressly provided by ServiceByStudent, such as its App and Website (if
applicable);
xxxiv.
Override
any security feature of the App;
xxxv.
Interfere
with the operation of, or place an unreasonable load on, the App or
Website (e.g., spam, denial of service attack, viruses, gaming
algorithms);
8.
General
Information. All
products and services that are described, made available or provided
on the App or Website by an ServiceByStudent Service
Professional may be changed or withdrawn at any time without notice.
The information, material and content provided in the pages of the
App and Website, including pricing information for products, services
or deals that are provided by ServiceByStudent
Service Professional's, (the "Information") is
believed to be reliable when posted, but there is no guarantee or
warranty that it is accurate, complete or current at all times.
Without limiting the generality of the foregoing, the Information may
include technical inaccuracies or typographical errors, ServiceByStudent and their officers, directors, employees
and agents have no obligation to update the Information, and also
have no liability with respect to the Information. The Information on
the App and Website may be changed, withdrawn or terminated at any
time without notice. Each ServiceByStudent Service Professional expressly agrees to
indemnify and hold Us harmless from any
losses, damages, claims or lawsuits as a result of inaccurate or
misleading Information provided by an ServiceByStudent
Service Professional.
9.
Local
laws and Export control
a.
It
is important to note that not all of the products, services and
Information made available or provided on the App and Website by a
particular ServiceByStudent Service Professional are
available in all jurisdictions. In addition, the Information does not
constitute an offer or solicitation to buy or sell any product,
service or information to anyone in any jurisdiction in which an
offer or solicitation is not authorized or cannot legally be made, or
to any person to whom it is unlawful to make an offer or
solicitation.
b.
Please
be aware of the laws of your country or that otherwise apply to you
in relation to any of the matters described in the pages of the App
and Website. If you choose to access the App or Website, or purchase
a product or service from an ServiceByStudent Service
Professional, you do so on your own initiative and are responsible
for compliance with applicable local, national or international laws.
c.
You
may not use, export or re-export the Information or any copy or
adaptation thereof in violation of any applicable laws or
regulations, including export laws and regulations of Canada in force
from time to time.
10.
10.
No Advice: Any
Information provided on the App and Website, including any data,
text, comments, pages, commentary, is for informational purposes only
and is not intended to provide specific financial, investment, real
estate, tax, legal, accounting or other advice to you, and should not
be acted or relied upon in that regard without seeking the advice of
a professional. We will have no liability for any Information that is
provided by an ServiceByStudent Service Professional on
the App.
11.
No
Warranties:
ServiceByStudent provides the App and the Information
on an "as is, where is" basis and does not make any express
or implied warranties, representations, or endorsements with respect
to the App or Website, the products or services offered, or the
Information, including without limitation, warranties as to
merchantability, operation, non-infringement, usefulness,
completeness, accuracy, currency, reliability and fitness for a
particular purpose. Further, ServiceByStudent does
not represent or warrant that the App or Website will be available
and meet your requirements, that access will be uninterrupted, that
there will be no delays, difficulties in use, defects,
incompatibility, failures, errors, omissions or loss of transmitted
information, that no viruses or other contaminating or destructive
properties will be transmitted or that no damage will occur to your
computer system. You have sole responsibility for taking protection
and backup of data and/or equipment and for taking reasonable and
appropriate precautions to scan for computer viruses or other
destructive properties. Further,
ServiceByStudent expressly disclaims any warranty or
guarantee, of any kind, relating to bookings not being completed by
an ServiceByStudent Service Professional, work actually
performed by an ServiceByStudent Service
Professional, incorrect business information provided in the account
of an ServiceByStudent Service Professional, or an ServiceByStudent User being dissatisfied with the level or
quality of service they receive, and in no way shall We be liable for
any of the foregoing.
12.
Indemnification:
You (both ServiceByStudent Users and ServiceByStudent Service Professionals) agree to indemnify,
defend and hold Us harmless, as well as our officers, directors,
employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of Your use of or inability to use the
App, any user postings made by You, Your violation of these Terms or
Your violation of any rights of a third party, any claim relating to
a service that is performed by an ServiceByStudent
Service Professional for an ServiceByStudent User, or
Your violation of any applicable laws, rules or regulations. ServiceByStudent reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by You, in which
event You will fully cooperate with ServiceByStudent
in asserting any available defenses. .
Further, You (in your respective capacity as an ServiceByStudent
User or ServiceByStudent Service Professional as the
case may be) agree to hold Us harmless and fully indemnify Us,
relating to any damages, losses, claims or lawsuits relating to
bookings not being completed by an ServiceByStudent
Service Professional, faulty, incorrect, or negligent work performed
by an ServiceByStudent Service Professional,
incorrect business information provided in the account of an ServiceByStudent Service Professional, or an ServiceByStudent
User being dissatisfied with the level or quality of service they
receive, and in no way shall We be liable for any of the foregoing.
13.
Trademarks,
Copyrights and Intellectual Property Rights:
a.
Certain
names, words, titles, phrases, logos, icons, graphics or designs, or
other content on the App and Website, are trademarks or trade names
owned by Us. Nothing on the App and Website shall be
construed as conferring any license of any intellectual property
rights, whether by estoppel, implication or otherwise. The
information provided on the App is for your personal use, provided
such use includes a reference to the respective copyright and/or
trademark notice or attribution as denoted on the pages copied.
Except when otherwise stipulated, this information may not otherwise
be copied, displayed, distributed, downloaded, licensed, modified,
published, reposted, reproduced, reused, sold, transmitted, used to
create a derivative work or otherwise used for public or commercial
purposes without Our express written permission, which permission may
be withheld for any reason. The Information is protected under the
copyright laws of Canada and other countries. Any unauthorized
downloading, re-transmission, or other copying or modification of
trademarks and/or the contents of the App and Website may be a
violation of federal or other law that may apply to trademarks and/or
copyrights, and such actions could subject the copier to legal
action.
b.
You
acknowledge and agree that we retain ownership of all intellectual
property rights of any kind related to the App and Website, including
applicable copyrights, trade-marks and other proprietary rights. We
are not granting any license to you under any of those intellectual
property rights by virtue of this Agreement, except for the limited
right to use the App and Website in accordance with this Agreement.
We reserve all rights that are not expressly granted to you in this
Agreement.
c.
The
Content on the App and Website is owned by Us.
This includes, without limitation, the text, software, scripts,
graphics, photos, sounds, interactive features and the trademarks,
service marks and logos contained therein ("Marks"). The Marks are
owned by Us. Content provided by Us is
provided to You "AS IS" for your information and personal use only
and may not be used, copied, reproduced, modified, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written
consent of the respective owners.
d.
Further,
you grant us an irrevocable, perpetual, non-exclusive, royalty-free,
fully paid, worldwide license, with rights to sublicense through
multiple levels of sub-licensees, to reproduce, make derivative works
of, translate, distribute, publicly perform and publicly display in
any form or medium, whether now known or later developed, make, use,
sell, import, offer for sale, otherwise commercially exploit and
exercise any and all such rights, under any and all of Your
intellectual property rights related to any content, or any nature,
that you may post on the App and Website, in any manner We choose. If
You have any rights to the content that cannot be licensed to Us
(such as moral rights), you unconditionally and irrevocably waive the
enforcement of such rights, and all claims and causes of action of
any kind against us or related to our clients and partners anywhere
in the world, with respect to such rights.
14.
Information
Provided By You: You
agree that any information or materials that you provide to ServiceByStudent through the App or Website shall become
the sole property of ServiceByStudent, and may be
used freely by ServiceByStudent. By providing such
information and materials, you declare and warrant that you have all
necessary rights to submit such information and materials and that
the information and materials do not infringe the rights of third
parties.
15.
Electronic
Communication via the Internet:
Any unprotected electronic communication over the Internet is, as
with communication via other mediums (e.g. cellular phones, post
office mail, social mediate pages) not
secure or confidential, subject to possible interception or loss, and
possible alteration. You should not send any confidential,
proprietary or sensitive information about You
or others via these mediums. ServiceByStudent is not
responsible for and will not be liable to You or anyone else for any
damages in connection with an email, text message, comment, post or
any other electronic message sent by You to Us or an email, text
message, comment post or any other electronic message sent by an ServiceByStudent User to You, and you hereby agree to
indemnify Us for any damages, claims or causes of action pursuant to
this provision.
16.
No
Endorsements:
No endorsement or approval of any ServiceByStudent
Service Professional, or any third party or its advice, opinions,
information, products or services is expressed or implied by our
authorizing You to use Our App. Further we do not endorse the work,
or provide a warranty relating to the work of any ServiceByStudent
Service Professional. If, as
an ServiceByStudent User, you choose to engage an ServiceByStudent Service Professional to perform certain
work, you are doing so of your own free will and choice, without any
coercion from Us. As such you accept, wholly, the
risk of engaging with said ServiceByStudent Service
Professional. Also, as an ServiceByStudent Service Professional you are taking on the
risk of performing the services for the ServiceByStudent
User, and as such you take on full responsibility relating to this
engagement in the same way that you would if you engaged a client
outside of the App. You both
acknowledge that You have no claim against
us in your relationship with each other.
17.
No
Liability:
We are not responsible, and will not be liable to you or anyone else,
for any damages whatsoever and howsoever caused (including direct,
indirect, incidental, special, consequential, exemplary or punitive
damages) arising out of or in connection with the App, or your
ability or inability to access or use the App, or any action or
decision made by You in reliance on the App, or any errors in or
omissions from the App, or any unauthorized use or reproduction of
the App, even if We have been advised of the possibility of these
damages. We are also not
liable in any way for unpaid fees, costs damages, or claims of any
kind for work performed by ServiceByStudent Service
Professionals that goes unpaid by ServiceByStudent
Users, nor are we liable in any way for costs, damages, and claims of
any kind from ServiceByStudent Users relating to work
done by ServiceByStudent Service Professionals
(whether negligent or otherwise).
You agree to fully indemnify and hold Us
harmless for any claims of this nature and acknowledge that this
clause is reasonable as We are not providing any direct service,
other than an interaction portal through the App. You further acknowledge that any
engagement between an ServiceByStudent User and an ServiceByStudent Service Professional is an independent
contract and there is no relationship of privity,
joint venture or partnership with Us for
that separate transaction.
18.
No
Unlawful Use:
As a condition of Your use of the App and
Website, You warrant to Us that You will not use the App or Website
for any purpose that is unlawful, or is prohibited by these Terms.
You may not use the App and Website in any manner which could damage,
disable, overburden, or impair the App and Website or interfere with
any other party's use and enjoyment of the App and Website. You may
not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through
the App and Website. You will not post or distribute any material on
the App and Website that violates the rights of any third party
19.
Links/Software:
The App and Website may include links between the App and Website and
other sites. Links from or to other sites, are for convenience only.
ServiceByStudent does not review or control, and are
not responsible for, any app or website linked from or to the App and
Website, the content of those apps and Websites, the privacy
practices of those apps and websites, the third parties named
therein, or their products or services. These links are provided
solely as a convenience to you and not because we endorse or have an
opinion about the contents on such apps or websites. We expressly
disclaim any representations regarding the content or accuracy of
materials on such app and website or the privacy practices of those
app and website. If you decide to access App and Website maintained
by other parties, you do so at your own risk. We are not responsible
or liable, directly or indirectly, for any damage, loss or liability
caused or alleged to be caused by or in connection with any use of or
reliance on any content, products or services available on or through
any such linked site or resource. Linking to any other app or website
is at your sole risk and ServiceByStudent will not be
responsible or liable for any damages in connection with such
linking. In addition, ServiceByStudent does not
endorse or approve of any app and website linked from or to the App
and Website, except for the App and Website of ServiceByStudent. You may not gather, extract,
reproduce and/or display on any other non-ServiceByStudent
app and website or other online service, any material on or from the
App and Website, whether or not by the use of spiders or other
'screen scraping' software or system used to extract data without the
express consent of ServiceByStudent which consent may
be unreasonably withheld. If
you download any document (including all file types) or software, we
are not responsible or liable for any difficulties or consequences
associated with downloading such software. The use of any downloaded
software is governed by the terms of the applicable license
agreement, if any, which accompanies such software or is provided
with such software or herein.
20.
20.
Jurisdiction:
The App and Website is administered by ServiceByStudent
as specifically disclosed in the footers of the App and the Website,
from its offices in Canada. The App and Website, and the terms of use
will be governed by and construed in accordance with the laws of the
Province of Alberta and the laws of Canada applicable therein,
without giving effect to any principles of conflicts of laws, and
notwithstanding your domicile, residence or physical location. All
disputes, controversies or claims arising out of or in connection
with the App and Website, or this Agreement shall be submitted to and
be subject to the exclusive jurisdiction of the courts of the
Province of Alberta. You submit and attorn
to the exclusive jurisdiction of the courts of the Province of
Alberta to finally adjudicate or determine any suit, action or
proceeding arising out of or in connection with the App and Website,
of this Agreement.
21.
Third
Party Log In:
We may, at our sole discretion provide for third party log-in
functions. If You log-in using Your
credentials for another service including, without limitation,
Facebook, LinkedIn, Google, Microsoft, Yahoo! or Twitter, you may be
re-directed to a sign-in request page hosted by that third-party
service. By signing-in using Your
credentials for that service, You agree to be fully bound by all of
the terms and conditions stated herein, and to the extent that You
provide any information to any of these third party services, You
also agree to abide by and be bound by their stated terms of use and
privacy policies.
22.
Disclaimer
Re: Changes:
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHIC
IMAGES ("CONTENT")
INCLUDED IN OR AVAILABLE THROUGH THE APP AND WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
TO THE CONTENT HEREIN. SERVICEBYSTUDENT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE APP AND WEBSITE AT ANY TIME. SERVICEBYSTUDENT MAKES NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR
ACCURACY OF THE CONTENT CONTAINED ON THE APP AND WEBSITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
CONTENT IS PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SERVICEBYSTUDENT HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU
AGREE THAT SERVICEBYSTUDENT IS IN NO WAY RESPONSIBLE FOR THE ACCURACY,
TIMELINESS OR COMPLETENESS OF INFORMATION IT MAY OBTAIN FROM LINKED
SITES.
23.
Limitation
of Liability:
We are not responsible for:
a.
Losses,
costs, damages or claims caused to an ServiceByStudent
Service Professional as a result of an ServiceByStudent
User not paying a service fee to an ServiceByStudent
Service Professional;
b.
Losses,
costs, damages, or claims by an ServiceByStudent User
because of work performed (or not performed) by an ServiceByStudent
Service Professional;
c.
Disputes
relating to the engagement of services between an ServiceByStudent
User and an ServiceByStudent Service Professional;
d.
Representations
or warranties of any kind made by an ServiceByStudent
Service Professional or ServiceByStudent User;
e.
losses
not caused by a breach by Us of these terms;
f.
indirect
losses which are a side effect of the main loss or damage and which
are not reasonably foreseeable by You and Us at the time of entering
into these terms, for example loss of profits or loss of opportunity
as a result of an ServiceByStudent User engaging with
an ServiceByStudent Service Professional;
g.
content
posted by other ServiceByStudent Users or ServiceByStudent Service Professional's;
h.
loss
of data;
i.
loss
of goodwill;
j.
computer,
smartphone, or App malfunction or failure;
k.
business
or commercial losses caused to non-consumers; or
l.
failure
to provide the App or to meet any of our obligations under these
terms where such failure is due to events beyond our reasonable
control which prevents us from providing the App and Website or
Services or fulfilling any of our other obligations under this
Agreement including but not limited to disruptions to the internet,
fire, flood, storm, riot, civil disturbance, war, nuclear accident,
terrorist activity and acts of God.
24.
Reservation
of Rights Regarding ServiceByStudent Service
Professional Client Disputes:
We
reserve the right, and we have no obligation, to monitor, or take any
action we deem appropriate regarding disputes that You
may have with other ServiceByStudent Users or any ServiceByStudent Service Professional. To the extent the
law permits, you waive and release Us from
any and all claims or liability related to any content posted on the
App and Website and from any and all claims related to the conduct of
any other clients of ours or any ServiceByStudent
Service Professionals.
25.
No
Joint Venture / Agency / Entire Agreement / Severability:
Unless otherwise agreed in a separate writing, you agree that no
joint venture, partnership, employment, or agency relationship exists
between You (whether you are an ServiceByStudent User
or an ServiceByStudent Service Professional) and ServiceByStudent as a result of the use of the App and
Website, or a separate transaction for services is entered into by an
ServiceByStudent User and an ServiceByStudent
Service Professional. ServiceByStudent performance is
subject to existing laws and legal process, and nothing contained
herein is in derogation of ServiceByStudent's right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the App and Website or
information provided to or gathered by ServiceByStudent
with respect to such use. If any part of this agreement is determined
by a court of competent jurisdiction to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then
such provision shall be modified by the court and interpreted so as
to best accomplish the original provision to the fullest extent
permitted by law, and the remaining provisions of these Terms shall
remain in effect. Unless otherwise specified herein, these Terms
constitute the entire Agreement between the user and ServiceByStudent with respect to the App and Website and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and ServiceByStudent with respect to the App and Website.
26.
Information
Rights and Use of User Consent: When
you use our App or Website, You can publish and obtain access to
various kinds of information and materials, and content which also
includes information and materials posted to the App and Website by
You. You agree not to revise or obscure content posted by others
(including advertising and promotions authorized by Us), and You
agree not to post or use any content in any manner that: infringes
the copyright, trademark, trade secret, or other intellectual
property or proprietary right of others, breaches the privacy,
publicity, or other rights of third parties, is unlawful, defamatory,
discriminatory, libelous, pornographic, obscene, abusive,
threatening, harassing, hateful, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate, as determined by ServiceByStudent in its sole discretion, is false or
inaccurate, or could damage our company, parent company, sister
companies, affiliates, advertisers, or any other third party. Though
we strive to enforce these rules with all of our users, You may be exposed through the App or Website to
content that breaches our policies or is otherwise offensive. You may
use the App and Website at your own risk. We may, but are not
obligated to, terminate user accounts and/or remove content from the
App and Website if we determine or suspect that those accounts or
content will breach the terms of this Agreement or the applicable
agreement with the offending user(s). We take no responsibility for
your exposure to content on the App and Website whether it breaches
our policies or not.
27.
Term
and Termination:
We reserve the right to unilaterally terminate Your
account in the event that You breach any of the terms contained
herein. We also reserve the
right to unilaterally terminate Your account for a reported incident
(relating to Your provision of Services as an ServiceByStudent
Service Professional, or your receipt of services as an ServiceByStudent User), that in our sole discretion, we
determine to be detrimental to our business, or other ServiceByStudent Users or ServiceByStudent
Service Professionals. We may
change or discontinue the App and Website or any of the Services at
any time without prior notice. We reserve the right to terminate this
Agreement at our election and for any reason, without prior notice,
and this Agreement will automatically terminate in the event that you
violate any of the terms and conditions set forth herein. In the
event of any termination, You will
immediately stop using our App and Website and our Services. Any
Coupon issued prior to termination will be honored according to its
terms and the terms of this Agreement specifically applicable to such
Coupon.
28.
Express
Consent To Electronic Communications:
The communications between You and ServiceByStudent
uses electronic means, whether You visit the App and Website or send
us emails, or whether we post notices on the App and Website or
communicate with you via email. For contractual purposes, You (a) expressly consent to receive
communications from Us in an electronic form; and (b) agree that all
terms and conditions, agreements, notices, disclosures, and other
communications that we provide to You electronically satisfy any
legal requirement that such communications would satisfy if it were
in writing.
29.
Changes
to These Terms:
ServiceByStudent reserves the right, in its sole
discretion, to change the Terms under which the App and Website is
offered. The most current version of the Terms will supersede all
previous versions. ServiceByStudent encourages you to
periodically review the Terms to stay informed of our updates.