Terms of Service
The website operated at www.HomeBert.com and such other locations as made available from time to time (collectively, the “Website”), the HomeBert mobile application (the “App”) and the services offered from each of the Website and the App (collectively, the “Services”) are operated by HomeBert Inc. and its corporate affiliates (collectively, “HomeBert,” the “Company,” “us”, “we” or “our”).
These terms of service (these “Terms of Service”) set forth the general terms and conditions of your use of the Website, the App and our Services and are in addition to (not in lieu of) any other terms of use posted on the Website, in connection with the App and linked from these Term of Service at http://www.homebert.com/terms-of-service, which together constitute the entire Agreement (the “Agreement”) between us and you. Without limiting the generality of the foregoing, the following additional terms are incorporated by reference herein:
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the Plan (as defined below) located at www.homebert.com/homebert-essentials-plan;
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the HomeBert Promise Terms (as defined below) located at www.homebert.com/homebert-promise; and
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the Privacy Policy (as defined below) located at www.homebert.com/privacy-policy
By accessing or using the Website, the App or the Services, you (together with all persons accessing or using the Website, the App or the Services, collectively, the “Users”) signify that you have read, understand and agree to be bound by this Agreement in all respects with respect to the Website, the App, our provision of the Services, and your use of them.
BY USING THE WEBSITE THE APP OR THE SERVICES OR BY CLICKING TO ACCEPT THESE TERMS OF SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT OR INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE, THE APP OR THE SERVICES.
By using the Website, the App or the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website, the App or the Services.
1.0 HomeBert Essentials Plan
1.1 Overview. We created the HomeBert Essentials Plan (the “Plan”) to provide Users home maintenance services performed by qualified technicians (the “HomeBert Service Technicians”) on an annual schedule. The Plan includes four in-home visits each year, during which visits HomeBert Service Technicians will provide all the services covered by the Plan (the “Plan Services”) as set out in the Plan. HomeBert Service Technicians may be directly employed by HomeBert or may be employed by one of our trusted partners. For a complete description of the Plan Services, please refer to the full text of the Plan located at www.homebert.com/homebert-essentials-plan;
1.2 , which is incorporated by reference herein. To enroll in the Plan, you must become a registered User by creating a User Account (as defined below) and purchase the Plan from your User Account.
1.3 Term. Your Plan begins the day that you enroll in the Plan (your “Plan Date”) and remains in effect for an initial period of one year, except as otherwise stated herein.
1.4 Renewal of Your Plan. For your convenience, there is an automatic renewal process. Your Plan will renew each year for one year on the anniversary of your Plan Date (your “Anniversary Date”) unless you have given us notice prior to your Anniversary Date that you do not wish to renew your Plan, or we have given you notice prior to your Anniversary Date that your Plan will not be renewed.
1.5 Payments. The Plan fees are as described in your welcome or renewal letter and are payable by way of quarterly instalments at the intervals described in your welcome or renewal letter. The Plan fees indicated in your welcome or renewal letter are exclusive of any materials required to complete the Plan Services. You acknowledge and agree that the cost of materials will be in addition to the fees indicated for the Plan Services.
Applicable taxes (including HST) will be added to each installment when billed. Acceptable methods of payment, which currently include pre-authorized payments by credit card, Interac and Paypal, will be set out on the bill you receive.
Amounts will be billed in advance of the period to which they apply and are payable by the due date shown on the bill. A late payment charge will apply to all overdue amounts on your bill, including applicable taxes, at a rate of [1.5]% per month or [18]% per year (for an effective rate of [19.56]%).
1.6 Cancellation of Scheduled Plan Service. You may cancel a scheduled Plan Service and will not be charged a cancellation fee before the HomeBert Service Technician departs their location for the premises or if the HomeBert Service Technician does not arrive at the premises within the time period prescribed for the Plan Service. You may cancel but will be charged a $50 cancellation fee for cancellation of a Plan Service after the HomeBert Service Technician has departed for the premises.
1.7 Plan Cancellation. We may discontinue or cancel your Plan at any time for any reason or no reason. In such event, our liability will be restricted to issuing a refund of any advance payments for your Plan on a pro rata basis.
If you cancel your Plan prior to your Anniversary Date, or if we cancel your Plan because you failed to meet any of your obligations (including payment obligations), you will be billed out for the remaining installments of your Plan for the balance of the then current term of your Plan, except as otherwise stated in this Agreement.
You can contact us to cancel your Plan using the information set out under the heading “Contact Us”.
1.8 Cancellation Within 10 Days. If you cancel your Plan within 10 days of your Plan Date and no Plan Services have been completed within that timeframe, we will issue a refund for any payments made. If you cancel your Plan within 10 days of your Plan Date but have had Plan Services completed, your Plan will be cancelled and we will issue a refund for any payments made but you will be billed for the cost of the services rendered.
1.9 Moving. If you are moving to a new residence, you have two options for your Plan:
1.9.1 Transfer your Plan. If you move, your Plan is transferable to your new residence provided you move within our service area. Your Plan will be cancelled at your old residence and you will be billed out for the remaining installments owing for your Plan. Those billed installments will then be applied as a Credit (as defined below) on your first bill to the new residence. A new Plan will be created for your new residence and will remain in effect for an initial period of one year. Please contact HomeBert using the information set out under the heading “Contact Us” at least 30 days before you move out of your old residence to ensure the successful transfer of your Plan to your new residence.
1.9.2 Cancel your Plan. If you choose not to transfer your Plan to your new residence or your new residence is not located within our service area, you will be billed out for the remaining installments of your Plan for the balance of the then current term of your Plan.
1.10 Plan Coverage. Your Plan applies only to single family residences, be it a house, townhouse, condominium or apartment unit, modular home or a manufactured home that has been anchored to a permanent foundation and not moved during the coverage term. If the covered residence is a condominium, townhouse, modular home or manufactured home, the Plan is limited to the individual covered unit. Common areas or shared systems in multiple unit dwellings are not covered.
1.11 Limited Warranty and Disclaimer.
1.11.1 Limited Warranty. HomeBert represents and warrants that it shall perform the Plan Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.
1.11.2 Notice of Breach. HomeBert shall not be liable for a breach of the warranty set forth in section 1.9.1 unless you give written notice of the defective Plan Services, reasonably described, to HomeBert within [fourteen] ([14]) days of the time when you discover or ought to have discovered that the Plan Services were defective.
1.11.3 Remedy. Subject to section 1.9.2, HomeBert shall seek to fix the problem in a manner determined by us, which may include using the same or another HomeBert Service Technician to attend the premises and fix the problem, or otherwise, at HomeBert’s discretion, reimbursing you for the amount you have paid for the Plan Service in kind or by applying Credits to your User Account
1.11.4 LIMITATION. THE REMEDY DETERMINED IN ACCORDANCE WITH SECTION 1.9.3 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND HOMEBERT’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1.9.1.
1.11.5 DISCLAIMER OF WARRANTIES. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1.9.1 ABOVE, HOMEBERT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PLAN SERVICES OR PARTS OR EQUIPMENT PURCHASED OR PROVIDED BY YOU IN CONNECTION WITH THE PLAN SERVICES, INCLUDING ANY (A) WARRANTY OR CONDITION OF MERCHANTABILITY; OR (B) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OF TRADE OR OTHERWISE.
1.12 Modification of Terms and Conditions. We may modify the terms and conditions of your Plan, including the price, by giving you notice of the changes at least thirty (30) days and no more than ninety (90) days prior to the Anniversary Date. Such changes will become effective on the Anniversary Date.
1.13 Technician Safety. No service or repairs under the Plan will be provided if a HomeBert Service Technician refuses to enter a residence due to the presence of animals, insects, unsanitary conditions or unsafe conditions, or is unable to provide service due to equipment that is not readily accessible. Circumstances where equipment is not readily accessible for a HomeBert Service Technician includes, but is not limited to, instances where your equipment is located in a crawl space, attic or an area where a HomeBert Service Technician cannot safely or easily access including obstructions by items permanently or temporarily placed on or around the equipment. In such instances, we will not provide service for that equipment and will deem that equipment ineligible for service.
In the event of such unsanitary or unsafe conditions or where we determine that your equipment is not readily accessible, as determined by us acting reasonably, we may, in our sole discretion, terminate your Plan. In such event, we may issue a refund prorated based on the services already delivered vs to-be delivered in respect of the then current term of your Plan at our discretion.
1.14 Broken Items. HomeBert is not responsible for items that break during the performance of Plan Services that were already in disrepair or susceptible to breakage, including because of age or the lack of reasonable care and maintenance. Further, it is your responsibility to remove any fragile or valuable possessions from around the area or equipment to be serviced.
1.15 Subcontracting. HomeBert may subcontract the performance of the Plan Services to any person. In all cases, HomeBert shall be responsible and liable for the acts and omissions of HomeBert Service Technicians employed or retained by us to perform the Plan Services.
2.0 Third-Party Services
2.1 Overview. For your convenience, in addition to the Plan Services, HomeBert provides a technology platform (the “Platform”), accessible from your User Account, that enables you to arrange to purchase (i) certain add-on services (the “Add-On Services”); and (ii) certain home project and repair services (the “P&R Services” and together with the Add-On Services, the “Third-Party Services”), from independent third-party providers (the “HomeBert Service Professionals”) that have a separate agreement with us. In connection with our provision of the Platform, we assist with the facilitation of payments to the HomeBert Service Professionals or their affiliates for the Third-Party Services provided to you and provide certain related services including the provision of documentation such as receipts and customer support. You may not access the Third-Party Services unless you hold an active Plan.
You hereby acknowledge that, when you purchase Third-Party Services, you contract directly with HomeBert Service Professionals. We do not provide or perform the Third-Party Services and we will not be a party to any agreements or contracts for Third-Party Services. We facilitate payment between you and the HomeBert Service Professional but do not act as a general contractor for the Third-Party Services and nothing in our involvement in the payment process makes us responsible for the Third-Party Services. Further, we do not have control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the identification, request, or provision of Third-Party Services. Your contract for a Third-Party Service is with the applicable HomeBert Service Professional, not with us.
2.2 Add-On Services. Add-On Services include certain defined, fixed-price services that you may arrange to purchase from HomeBert Service Professionals on a one-time or recurring basis. If you select to arrange an Add-On Service on a scheduled recurring basis, your request for the applicable Add-On Service will automatically renew at the indicated scheduled interval (each, an “Add-On Service Request”). You can cancel your scheduled recurring Add-On Service Request from within your User Account or by contacting us using the information set out under the heading “Contact Us”.
2.3 P&R Services. P&R Services include the provision of services in respect of your specific home project or repair needs and are individually quoted by HomeBert. You may request a quote for individual tasks or multiple tasks at your home which may need to be performed by one or many HomeBert Service Professionals. You may request a quote via your User Account, by direct request to a HomeBert Service Technician or by contacting HomeBert Customer Service by phone at (1-416-986-4617) or by email at support@HomeBert.com. Upon receipt of a quote request, the HomeBert representative will gather the required information and provide a written quote for the requested P&R Service(s). Following receipt of your quote, you may formally submit a request (a “P&R Service Request”) for the applicable P&R Service(s).
2.4 Service Requests. By submitting an Add-On Service Request or a P&R Service Request (each, a “Request”), you understand and agree that you have made an offer, for which a HomeBert Service Professional has the power to accept or reject in their sole discretion. You understand that once a HomeBert Service Professional accepts your Request, we will notify you with information about the HomeBert Service Professional, which may include the HomeBert Service Professional’s name, photo, company name and scheduled date and estimated time of arrival. You will also be able to contact the HomeBert Service Professional by telephone or text message for the sole purpose of communication related to the applicable Third-Party Service.
2.5 Timing and the HomeBert Service Professional. We will take reasonable efforts, but are under no obligation, to connect you with a HomeBert Service Professional who is available to provide the Third-Party Service that is the subject of your Request. Our ability to connect you with an appropriate HomeBert Service Professional will be affected by your location, the Third-Party Service requested, the availability of HomeBert Service Professionals willing to accept your Request and other conditions beyond our control. We do not guarantee that your Request will be accepted within any particular timeline or at all. Any references to a HomeBert Service Professional being professional, rated, verified, vetted, licensed (where applicable), qualified, or similar language only indicates that the HomeBert Service Professional has completed our registration process and does not endorse, certify, or guarantee their identity, trustworthiness, suitability, or ability to provide the Third-Party Service. When interacting with other Users, including HomeBert Service Professionals, you should exercise due diligence, caution and common sense to protect your personal safety and property.
2.6 Cancellations. You may cancel a scheduled Third-Party Service and will not be charged a cancellation fee before the HomeBert Service Professional departs their location for the premises or if the HomeBert Service Professional does not arrive at the premises within the time period prescribed for the Third-Party Service. You may cancel but will be charged a $50 cancellation fee for cancellation of a Third-Party Service after the HomeBert Service Professional has departed for the premises.
You may not cancel a Third-Party Service once the HomeBert Service Professional has arrived at the premises and notified you of their arrival. You understand and agree that there may be a minimum charge set for a Third-Party Service (the “Minimum Charge”). We reserve the right, in our sole discretion, to apply the Minimum Charge for the Third-Party Service, other than as provided for herein. You understand and agree that we may apply the Minimum Charge to the Third-Party Service if the HomeBert Service Professional arrives at the premises prior to any cancellation. If we choose to apply the Minimum Charge, we may consider the cost of materials separately from our determination of whether to apply the Minimum Charge.
2.7 Rates and Fees.
2.7.1 Add-On Service Rates. We set the rates for Add-On Services (the “Add-On Service Rates”), which will be provided to you during the Add-On Service Request process. The Add-On Service Rates exclude any materials required by the HomeBert Service Professional to complete the Add-On Service. You acknowledge and agree that the cost of materials will be in addition to the applicable Add-On Service Rate. We reserve the right to modify or update the Add-On Service Rates at any time and in our sole discretion. If you select to arrange an Add-On Service on a scheduled recurring basis, it is your responsibility to confirm the Add-On Service Rate prior to the automatic renewal of each Add-On Service Request.
2.7.2 P&R Service Fees. Fees for P&R Services are based on fee quotes provided by HomeBert prior to the submission of P&R Service Requests. A fee quote may exclude any materials required by the HomeBert Service Professional to complete the P&R Service. You acknowledge and agree that the cost of materials, if not expressly itemized, will be in addition to the fee quote. You acknowledge and agree that a fee quote is an estimate only and that the final cost of the P&R Service may vary from the fee quote.
2.8 Payment and Billing. You are responsible for paying the invoice for each Third-Party Service (the “Invoice”), which will include the pricing terms of the Third-Party Service agreed to between you and the HomeBert Service Professional. By submitting a Request, you agree that you will pay for all Third-Party Services requested (including all materials, taxes and late fees, as applicable) (the “Third-Party Service Payment”) that may be accrued by or in connection with your User Account, unless otherwise provided in this Agreement. You understand and agree that we will be responsible, in our sole discretion, for determining the Third-Party Service Payment amount and any agreement you make directly with the HomeBert Service Professional regarding payment will not apply. The Third-Party Service Payment amount will be largely based on the information the HomeBert Service Professional provides us. For all charges applied to your User Account, we will charge your credit card on file with us according to the agreed upon amount between you and us for the Third-Party Service, and you hereby authorize us to charge your credit card in the amount due for the Third-Party Service Payment immediately upon the HomeBert Service Professional completing the Third-Party Service. You also authorize us to pre-authorize a charge to your credit card based on your Request. We reserve the right, in our sole discretion, but are under no obligation to place a hold on any Third-Party Service Payment. If your payment does not go through, for any reason, you agree to pay the Third-Party Service Payment amount due within seven (7) days of us sending the Invoice or receipt. You may be charged a cancellation fee or the applicable Minimum Charge in the circumstances set out in section 2.6. You further agree that you are responsible for the timely payment of all Third-Party Service Payments and that any such Third-Party Service Payment made is non-refundable, unless otherwise determined in our sole discretion.
2.9 Disclaimer. We make no guarantee regarding the provision of Third-Party Services, the acceptance of any Requests for the provision of Third-Party Services, the availability, workmanship, timeliness, integrity, ability or skill of HomeBert Service Professionals or the Third-Party Services they purport to be able or willing to provide. We do not guarantee that the HomeBert Service Professionals hold any qualification, certification, license, schooling, training, or insurance required to provide the Third-Party Services. HOMEBERT DOES NOT WARRANTY ANY HOMEBERT SERVICE PROFESSIONAL'S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR WORKER'S COMPENSATION PROTECTION RELATED TO A THIRD-PARTY SERVICE.
2.10 No Obligation to Withhold Taxes. Except for applicable taxes indicated on your Invoice, we do not collect or remit any taxes for any Third-Party Service Payments received in any jurisdiction. The payment rate used for computing Third-Party Service Payments paid to HomeBert Service Professionals is inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such HomeBert Service Professionals. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of the Third-Party Services and that in no event will we be responsible for any tax compliance. You further agree to indemnify and hold HomeBert, its affiliates and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Third-Party Services.
3.0 GENERAL
3.1 The HomeBert Promise. We may choose, in our sole discretion, to provide a plan (the “HomeBert Promise”) to provide protection to Users who are not satisfied with the provision of a Plan Service or a Third-Party Service. If you are not reasonably satisfied with the performance of a Plan Service or a Third-Party Service and we find, in our sole discretion, that you meet the conditions set out in the HomeBert Promise terms available here www.homebert.com/homebert-promise (the “HomeBert Promise Terms”) and incorporated by reference herein, we may, in our sole discretion and pursuant to the HomeBert Promise Terms, seek to fix the problem in a manner determined by us, including using the same or another HomeBert Service Technician or HomeBert Service Professional, as applicable, to attend the premises and fix the problem, or otherwise reimbursing you for the amount you have paid for the Plan Service or Third-Party Service, as applicable, in kind or by applying Credits to your User Account. Any protection afforded from the HomeBert Promise is subject to certain conditions, limitations and exclusions, as described in the HomeBert Promise Terms.
3.2 User Accounts. The Website, the App and use of the Services may require you to provide us with certain information, including personal information (the “Registration Data”), and to create a user account (a “User Account”). It is a condition of your use of the Website, the App and the Services that all Registration Data you provide us is correct, current, and complete. You may register on behalf of a corporate entity; however you acknowledge and agree that by providing Registration Data in such a capacity, you signify that you are authorized to enter into this Agreement on behalf of, and bind the entity to, this Agreement.
You must be at least 18 years old to create a User Account or the age of majority in the jurisdiction in which you reside. By providing Registration Data and/or creating a User Account, you signify that you are at least 18 years old or the age of majority in the jurisdiction in which you reside and acknowledge that you may not use the Website, the App or the Services if you are under the age of 18 or the age of majority in the jurisdiction in which you reside.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided a User Account, your account is personal to you and you agree not to provide any other person with access (including partial access) to the Website, the App or the Services using your User Account. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security. You also agree to ensure that you logout from your User Account at the end of each session. You are responsible for any password misuse or any unauthorized access. We reserve the right at any time and from time to time, to disable or terminate your User Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of the Agreement.
3.3 Credits. We may, from time to time and in our sole discretion, provide certain credits (“Credits”) to Users redeemable towards payment for Plan Services or Third-Party Services. There is no guarantee of or right to receive any such Credits. We reserve the right to activate, modify, or delete any such Credits at any time, in our sole discretion and without notice to you. Credits are non-transferrable and have no cash value.
3.4 Payment Processor. Users are required to provide their credit card or bank account details (as specified in any registration forms provided when registering for your User Account) to us when registering for a User Account. By doing so, you authorize us to provide this information to the third-party payment processor (the “Payment Processor”) we retain. You acknowledge and agree that the terms of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our terms and policies do not govern and that we have no liability arising from your use of or access to the Payment Processor. Our Payment Processor is Stripe, Inc. (www.stripe.com). You should review the applicable terms and policies of the Payment Processor, including its privacy and data gathering practices.
3.5 Errors. HomeBert reserves the right to cancel any Plan or, on behalf of the applicable HomeBert Service Professional, any Third-Party Service, where such Plan or Third-Party Service was purchased or arranged based on any error, inaccuracy or omission, whether or not the order has been submitted, confirmed or your credit card has been charged.
3.6 Your Responsibilities. By enrolling in the Plan or by making a Request, you represent and warrant that you have the right to grant the HomeBert Service Technician or HomeBert Service Professional, as applicable, access to the relevant premises to perform the Plan Service or Third-Party Service, as applicable, and will be present at such premises or will have a representative who is 18 years old or older present at such premises at all times while the work is being performed. You agree that you shall not assist the HomeBert Service Technician or HomeBert Service Professional, as applicable, or otherwise participate in the work in any way and that HomeBert shall not have any liability to you for any damages or losses, including any personal injury, death or property damage, that may arise from your participation in the work.
3.7 Prohibited Activities. You agree not to:
3.7.1 enroll in a Plan or submit a Request for Third-Party Services that you do not intend to pay for;
3.7.2 use the Website, the App or the Services to recruit or otherwise solicit any User, HomeBert Service Technician or HomeBert Service Professional to join third-party services or websites that are competitive to HomeBert or to use the Website, the App or the Services to obtain work or services outside the provision of our Services; or
3.7.3 use the Website, App or the Services to “stalk”, harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any other User or collect or store any personally identifiable information about any other User other than to facilitate the receipt or the provision of the Services.
3.8 Prohibited Services. While using the Website, the app or the Services, you further agree not to request, offer, negotiate, or complete any portion of a service that:
3.8.1 would violate, or lead to the violation of, any applicable local, provincial, territorial, national or international law or regulation;
3.8.2 encourage or facilitate illegal activity, pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, and pornography;
3.8.3 you have no legal right to request or perform, or
3.8.4 would be considered, in any way, to form part of a lottery, raffle, sweepstakes, affiliate marketing scheme, multilevel marketing, pyramid scheme, or be related to spam, or any other form of solicitation that is not authorized by this Agreement.
3.9 Intellectual Property Rights and Ownership. You understand and agree that the Website, the App and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Notwithstanding anything else in this Agreement, “HomeBert”, the “HomeBert Promise”, the HomeBert logo and design and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website or the App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website, the App and the Services for your personal and non-commercial use unless HomeBert has agreed with you otherwise in a separate agreement. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or the App, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials from this Website or the App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or the App. If you print off, copy, or download any part of our Website or the App in breach of this Agreement, your right to use the Website or the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or the App or to any content on the Website or the App, and all rights not expressly granted are reserved by the Company. Any use of the Website and the App not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
3.10 Photographs. A HomeBert Service Technician or a HomeBert Service Professional may take a photograph of the outside of your residence to evidence their arrival or of the work completed for internal reporting purposes or marketing purposes. Such photographs will not contain the image of any person or any personal information without such person’s consent. You understand and agree that such photographs are owned by the Company and may be used for internal reporting purposes and marketing purposes.
3.11 Safety and Security. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website and the App. Users are required to ensure that all persons who access the Website and the App through their User Account are aware of this Agreement and comply with it.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information (including Registration Data) transmitted to us. Any transmission of personal information (including Registration Data) is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or the App.
Your provision of Registration Data and any submissions you make to the Website or the App through any functionality such as applications, reviews, live chat features, e-mail, message boards, personal, or interest group web pages, profiles, forums and bulletin boards (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy (as defined below).
You are prohibited from attempting to circumvent and from violating the security of this Website or the App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Website or the App owner’s ability to monitor the Website or the App; (f) using any robot, spider, or other automatic device, process, or means to access the Website or the App for any purpose, including monitoring or copying any of the material on the Website or the App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or the App.
3.12 Privacy. By submitting your personal information and using our Website, the App and the Services, you consent to the collection, use, disclosure and maintenance of any such personal information in compliance with our privacy policy, found at www.homebert.com/privacy-policy (our “Privacy Policy”), as we deem necessary for use of the Website, the App and provision of the Services. The Privacy Policy is hereby incorporated by reference herein.
It is possible that HomeBert, its affiliates or their respective assets may be acquired or transferred as part of a merger, acquisition or other change of control transaction. You understand that your personal information (including Registration Data) may be disclosed and transferred to the succeeding entity or proposed succeeding entity in connection with such a transaction or proposed transaction and hereby consent to such transfer.
You may contact us using the information set out under the heading “Contact Us” to discuss any questions or concerns related to the Privacy Policy, how your information is being handled, or to request that your personal information be revised or removed from our promotional list.
3.13 Conditions of Use and User Submissions and Site Content Standards. As a condition of your access and use, you agree that you may use the Website and the App only for lawful purposes and in accordance with this Agreement.
The following content standards apply to any and all content, material, and information, other than Registration Data, that a user posts, publishes, displays or transmits (collectively, “submit”) to the Website or the App, to other Users (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website, the App and the Services and any User Submissions shall not:
(a) in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Agreement and our Privacy Policy;
(b) in any manner violate the terms of use of any third-party website that is linked to the Website or the App, including but not limited to, any third-party social media website;
(c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion;
(d) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
(e) involve, provide, or contribute any false, inaccurate, or misleading information;
(f) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
(g) transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(h) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the App, or which, as determined by us in our sole discretion, may harm the Company or Users or expose them to liability;
(i) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(j) promote any illegal activity, or advocate, promote, or assist any unlawful act; or
(k) give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
3.14 User Submissions: Grant of License. The Website or the App may contain Interactive Functions allowing User Submissions. None of the User Submissions you submit to the Website or the App will be subject to any confidentiality by the Company. By providing any User Submissions, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with the Agreement. You represent and warrant that all User Submissions comply with applicable laws and regulations.
You understand and agree that you, not the Company nor the Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other User.
3.15 Site Monitoring and Enforcement, Suspension, and Termination. The Company has the right, without provision of notice to:
(a) remove or refuse to post on the Website or the App any User Submissions for any or no reason in our sole discretion;
(b) at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating this Agreement;
(c) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the App; and
(d) terminate or suspend your access to all or part of the Website, the App or your User Account for any or no reason.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or the App or its use, and do not and cannot undertake to review material that you or other users submit to the Website or the App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
3.16 No Reliance. The content on our Website and the App, as well as any information provided orally by a representative of HomeBert or a HomeBert Service Professional, is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of such information.
Although we make reasonable efforts to update the information on our Website and the App, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website and our App is accurate, complete, or up to date. Your use of the Website and the App is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website or the App.
The Website and the App may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
3.17 Third-Party Websites. For your convenience, the Website and the App may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website or the App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
3.18 App/Mobile Phone Use. You agree to adhere to any terms of any app store, mobile software platform, payment platform, or other third-party services provided in connection with your use of the App. We reserve all rights in and to the App not expressly granted to you under this Agreement and you only have a limited license to use it to access the Services in accordance with these terms. By providing your mobile phone number and using the Services, you hereby affirmatively consent to our use of your mobile phone number for calls and texts from us and HomeBert Service Technicians or HomeBert Service Professionals relating to Plan Services and Third-Party Services. You understand and acknowledge that by communicating by calls or text, standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your User Account settings or by using the information set out under the heading “Contact Us”.
3.19 Geographic Restrictions. The owner of the Website and the App is based in Ontario, Canada. We provide this Website, the App and the Services for use only by persons located in Canada. This Website, the App and the Services are not intended for use in any jurisdiction where their use is not permitted. If you access the Website or the App from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
3.20 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPLICITLY SET OUT HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE APP IS AT YOUR OWN RISK. NEITHER HOMEBERT NOR OUR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER (OTHER THAN HOMEBERT SERVICE TECHNICIANS ACTING IN SUCH CAPACITY) AND YOU HEREBY RELEASE HOMEBERT AND OUR AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO, WHETHER DIRECT OR INDIRECT. EXCEPT AS EXPLICITLY SET OUT HEREIN, THE WEBSITE, THE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, THE APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE APP OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET, WEBSITE OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE APP AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.
3.21 LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $1,000.
3.22 Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement or your use of the Website and the App, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s or the App’s content, Services, and products other than as expressly authorized in this Agreement.
3.23 Governing Law and Choice of Forum. The Website and the Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Subject to section 3.24, any action or proceeding arising out of or relating to this Website, the App or the Agreement will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
3.24 Dispute Resolution. In case of a dispute in respect of the Service or this Agreement, you agree to first contact us and attempt in good faith to resolve the dispute informally. You agree that if our dispute is not resolved by informal resolution within [thirty (30)] days of your submission or within a reasonable time under the HomeBert Promise, you will, at the option of the Company, resolve any claims through final and binding arbitration, provided that the Company fund the costs of such arbitration and that the arbitration proceedings take place in Toronto, Ontario.
3.25 Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
3.26 Conflict. If there is a conflict or inconsistency between any welcome or renewal letters, enrolment forms or other supplementary information documents not explicitly included by reference into this Agreement, this Agreement shall prevail to the extent of such conflict or inconsistency.
3.27 Severability. If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
3.28 Entire Agreement. This Agreement, including any terms and conditions incorporated by reference herein, constitutes the sole and entire agreement between you and HomeBert regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
3.29 Headings. The headings in this Agreement are inserted for reference only and do not affect the interpretation of this Agreement.
3.30 Force Majeure. We are not responsible for failing to perform our obligations or for any loss to you under this Agreement if we are prevented from doing so by events or circumstances beyond our control.
3.31 Notice. We can provide notices to you by personal delivery, mail (including registered mail), phone or by e-mail at the address, phone number or e-mail, as applicable, associated with your User Account. If the contact information which you have provided us changes, you agree to promptly update such information associated with your User Account.
3.32 Assignment. We may assign any or all of our rights and obligations under this Agreement or pledge the Agreement or proceeds thereunder as security for any obligation, without your permission. If you want to assign this Agreement to anyone else, you will need our written consent to do so.
3.33 English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soinet rédigés en anglais.
3.34 Amendments and Access. We reserve the right in our sole discretion to revise and update this Agreement from time to time without further notice. If we do so, we will post the latest version of this Agreement on our Website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and the App. You agree to periodically review this Agreement in order to be aware of any such modifications and your continued use of the Website, the App and the Services (including your continuing to make available your User Submissions) shall be your acceptance of this Agreement as revised. The date of the last revision or modification to this Agreement is set out at the bottom of this Agreement.
The information and material on this Website and the App, and the Website and the App, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
3.35 Contact Us. You can contact us in respect of feedback, comments, requests for technical support and other communications relating to the Website, the App or the Services by phone at 1.416.986.4617 or by email at info@homebert.com.
DATE: January 10, 2022