Terms & Conditions for Customers Last Updated: 15 Feb2024 These Terms and Conditions govern the Facilitation Services that Painting Contractors will provide to you, and are in addition to any website terms of use applicable to your use of paintingcontractors.ca (the "Website"). These Terms and Conditions (also referred to as the “Agreement”) contain important information about your legal rights and obligations and form a legally binding agreement between you ("you", the "Customer") and Painting Contractors ("we", "us", "Painting Contractors"). Please read these Terms and Conditions carefully before using our Painting Contractors Website. By using our Platform and Facilitation Services and clicking accept when prompted on the Website, you agree to be bound by all agreements that constitute Painting Contractors’ Terms of Service, including the Terms of Use, Privacy Policy, and Cookies Policy, and agree to comply with them. If you wish to use our Website, you must first read and agree to this Agreement. If you do not understand or agree to all of its terms and conditions, you may not use our Website and should not click to accept this Agreement or “sign-up.” If you are using our Facilitation Services on behalf of a business or legal entity, you must have the authority to agree to the Terms of Service on behalf of that business or legal entity. You may only use the Website if you are at least 18 years old. About Us We, Painting Contractors, make the Facilitation Services available to you via the Website. We are a company registered in Canada. You can contact us: - By email at paintingcontractors.ca@gmail.com 1. Definitions and Interpretation 1.1 In these Terms and Conditions, the following words and expressions have the following meanings: - "Painting Contractors": A request from a Customer as referred to in clause 2.2 below. - "Customer"/"you": Businesses and consumers who use the Website to search for a Professional who can provide the professional services they require. - "Customer Contract": The contract between the Professional and the Customer for the provision of the Services. - "Facilitation Services": The identification of relevant Professionals and the provision by Painting Contractors, of a Professional’s contact details, as set out in clause 2.5. - "Professional": The person offering their professional services to Customers. - "Services": The professional services provided by a Professional to a Customer. - "Website": paintingcontractors.ca #2. The Facilitation Services 2.1 Painting Contractors operates the Website to facilitate introductions between potential customers and professionals for the provision of a wide range of services. 2.2 Customers can search the Website to find potential professionals, and the Website's algorithms will help identify professionals who may be able to meet the Customer's requirements. Customer requests are called "Requests," and each Request results in us putting you in touch with Professionals who may be able to fulfill your criteria. 2.3 To use the Facilitation Services, you must accept these Terms and Conditions upon submitting a Request, forming an agreement between you and us for the provision of the Facilitation Services. You will need to enter into a separate contract with any Professionals you wish to instruct to provide you with Services. 2.4 When you submit your Request, you allow us to verify your contact details and location. If the contact details are incorrect, inoperative, or disabled, or if the IP address associated with the request does not match the location of the service requested or falls outside our operation area, your request will be rejected. 2.5 Upon verification of your Request, you will be provided with details of all Professionals who may be able to fulfill the criteria you provided. Professionals will contact you directly, or you can opt to contact the Professionals yourself. If we cannot identify any Professionals who may be able to fulfill your criteria, you will be notified and given the opportunity to expand your requirements. 2.6 You may review the information you receive from the Professionals and decide whether to engage a Professional to provide the Services you require. We cannot endorse or confirm that the Professionals identified as a result of the Facilitation Service we offer are able to meet your requirements, and it will be your sole responsibility to engage with the Professional to establish whether they can meet your requirements before entering into a Customer Contract. 2.7 If you engage a Professional to provide the Services, you will become a customer of the Professional and will enter into a Customer Contract with them. The Services are provided by the Professional, not by Painting Contractors. Painting Contractors is not a party to any Customer Contract, and no such contract creates an employment or any other service relationship between Painting Contractors and any Customer. 2.8 Painting Contractors will provide a link from the Website to the Professional's own website (where applicable) and include a facility for Customers to review a Professional's performance, which will be available on the Website for other prospective customers to see. 2.9 Reviews should be honest, based on your own experience, and must not contain offensive content, copyrighted material, unlawful content, personal information, or any information known to be inaccurate or false. We reserve the right to remove reviews that do not comply with these guidelines and may ban you from leaving further reviews in the future. Please see our Website Terms and Conditions for further details. 2.10 Painting Contractors has no influence or control over the information contained on the Professional's website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Professional. You will need to contract directly with the Professional for any Services you require from them. 2.11 The Facilitation Services shall be provided to you at no cost. *Important*: Painting Contractors acts only as a facilitator of the introductions referred to above. Any Services provided by a Professional to a Customer will be subject to an entirely separate legal contract. If there are any issues with the performance of those Services by the Professional, you will have legal rights of redress against the Professional directly, not against Painting Contractors. ### 3. Ending Our Contract 3.1 You can always end your contract with us by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone, or post using the details listed above. 3.2 As Painting Contractors is not a party to any Customer Contract, the termination of this Agreement does not terminate or otherwise impact any Customer Contract you may have with a Professional. 3.3 We may revoke or limit your access to the Services, deny your registration, or revoke your access to the Website and refuse to provide any or all Facilitation Services to you if: - 3.3.1 You breach any terms and conditions of this Agreement. - 3.3.2 We have reason to believe you have provided false or misleading information to us. - 3.3.3 We conclude that your actions may cause legal liability for you or others, may be contrary to the interests of the Website or the user community, or may involve illicit or illegal activity. - 3.3.4 We are required to by law, legal process, or law enforcement. # 4. Ranking Criteria for Professionals 4.1 When you place a request on the Website, Painting Contractors creates a list of Professionals who meet the requirements you have specified. Professionals are ranked by a default algorithm that values certain criteria. 4.2 The algorithm selects the best matches for your request by attributing a higher ranking to Professionals who: - 4.2.1 Have a full, up-to-date profile with signs of great experience prior to joining Painting Contractors. - 4.2.2 Have positive performance on Painting Contractors and a strong review score. - 4.2.3 Respond to Customer requests very quickly. - 4.2.4 Are highly active on the Website. # 5. Data Protection Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used. # 6. Liability 6.1 As provided in Clause 2, you acknowledge that the contract for the provision of the Services is between you and the Professional and agree that Painting Contractors does not supervise, direct, control, or monitor the Professional in performing any contractual obligations. The Professional is responsible for providing the Services to you. 6.2 Painting Contractors shall have no liability to you regarding the provision of the Services or your dealings with any of the Professionals listed on the Website. Any error or delay in the performance of the Services, any breach of obligations, and any fraudulent misrepresentation by a Professional is the complete responsibility of each Professional. 6.3 You further acknowledge and agree that you are solely responsible for evaluating and determining the suitability of any Professional, assessing whether to enter into a Customer Contract, and verifying any information concerning the Professional. 6.4 Nothing in these Terms and Conditions limits or excludes our liability to you for: - 6.4.1 Death or personal injury resulting from our negligence. - 6.4.2 Our own fraud or fraudulent misrepresentation. - 6.4.3 Any other matter for which we are not permitted by law to exclude or limit our liability. 6.5 We accept no liability for the information on any third-party websites linked to on our Website and will not be liable for any loss or damage arising from your use of them. If you are an individual consumer 6.6 We only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, business, business interruption, or business opportunity. If you are a business customer 6.7 To the maximum extent permitted by applicable law, we exclude all conditions , warranties, representations, or other terms which may apply to this website or any content on it, whether express or implied. 6.8 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for: - 6.8.1 Loss of profits, sales, business, or revenue. - 6.8.2 Business interruption. - 6.8.3 Loss of anticipated savings. - 6.8.4 Loss of business opportunity, goodwill, or reputation. - 6.8.5 Any indirect or consequential loss or damage. 6.9 Recognizing that Painting Contractors is not a party to any contract between Customers and Professionals, you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with any dispute you have with a Professional. This release includes disputes regarding the performance, functions, and quality of the Services provided and requests for refunds based on disputes. This release does not apply to a claim that Painting Contractors failed to meet our obligations under the Terms of Use. 6.10 The Customer shall defend, indemnify, and hold harmless Painting Contractors and its respective directors, officers, employees, and representatives against claims, actions, proceedings, losses (including all direct, indirect, and consequential losses), damages, expenses, and costs (including court costs and reasonable legal fees) arising out of or connected with the Customer’s use of the Facilitation Services. # 7. General Provisions 7.1 We make changes to these Terms and Conditions from time to time. You should check these Terms and Conditions whenever you return to our Website to see if any changes have been made, as these will be binding on you. We will alert you to any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each change. Please ensure you check the applicable Terms every time you use our Site so that you understand which Terms apply. By continuing to use the Site after the date such revised Terms of Use are posted, you will be subject to, and will be deemed to have accepted, the changes. 7.2 We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organization. 7.3 You need our consent to transfer any rights you have under our Terms and Conditions to someone else. No other assignments are valid without our prior consent, which may be requested via email or letter at the above address. Any other attempted transfer or assignment will be null and void. 7.4 This Agreement does not grant any rights to anyone else. Its provisions are between you and us and cannot be enforced by any third party. 7.5 If any provision of this Agreement is held illegal, invalid, or unenforceable, in whole or in part under applicable law, its illegality, invalidity, or unenforceability will not affect the other provisions, which will continue in effect. Each paragraph of these Terms and Conditions operates separately. 7.6 Even if we delay in enforcing these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you for breaking this contract, that does not mean you do not have to do those things and does not prevent us from taking steps against you later. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If you are an individual consumer 7.7 These Terms and Conditions are governed by Canadian law, and you can bring legal proceedings in the Canadian courts. If you live in another jurisdiction, you may bring legal proceedings in respect of the products in the courts of your jurisdiction or the Canadian courts. If you are a business customer 7.8 If you are a business user, these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of Canada, and the courts of Canada have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including non-contractual obligations). 7.9 Painting Contractors may record video and/or phone calls for quality assurance and training purposes. By signing this agreement, you agree to the recording of video and/or phone calls. You may revoke consent to record a particular call by alerting us. 7.10 Applicable laws require some of the information or communications we send to you to be in writing. When using the Website or our Facilitation Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.