Terms And Conditions
Important Information
TERMS AND CONDITIONS
TERMS AND CONDITIONS
The website operated at https://www.icanhelpapp.com and such other locations as made available from time to time (collectively, the "Website") and the I Can Help Mobile Application (the "App" and, together with the Website, the "Services") are operated by DJP General Home Solutions Inc. (collectively, "DJP", "us", "we" or "I Can Help").
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 or the App from time to time. These Terms and Conditions, together with our privacy policy at https://www.icanhelpapp.com/privacy-policy (the "Privacy Policy"), constitute the entire Agreement (the "Agreement") between us and you.
BY ACCESSING OR USING THE WEBSITE OR THE APP, YOU 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. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE, THE APP OR THE SERVICES.
By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with DJP. If you do not meet this requirement, you must not access or use the Website, the App or the Services.
Your Account. In order to access and use some or a portion of the Services, you are required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at contact@icanhelpapp.com.
Using the Services. I Can Help is a platform for existing volunteer groups to coordinate service requests, as well as linking requests for miscellaneous personal services from requesters ("Requesters") with volunteers willing to provide those services on a strictly unpaid basis ("Volunteers"). While we aim to provide beneficial services, we take no responsibility for the experience or results of using our platform. As a condition of your access and use, you agree that you may use the Website and/or the App only for lawful purposes and in accordance with these Terms and Conditions and our Privacy Policy.
The following standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website or the App, to other users or other persons including, without limitation, requests for a Volunteer to provide services ("Requests"), comments, reviews and responses to Requests (collectively, "User Submissions"). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and these Terms and Conditions and our Privacy Policy.
Without limiting the foregoing, you warrant and agree that your use of the Website and/or the App 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 these Terms and Conditions 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 our sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way including, without limitation, by exposing them to inappropriate content, acts 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 I Can Help, 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 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 Services, or which, as determined by us, may harm us or users of the Services 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.
(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.
None of the User Submissions you submit to the Website or the App will be subject to any confidentiality by DJP. By providing any User Submission, you grant us and our affiliates and 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/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 affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms and Conditions.
You understand and agree that you, and not DJP, nor our 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 of the Website or the App.
I Can Help is a complimentary service. Using I Can Help in no way replaces the need to follow all recommended health measures in place from time to time, including regular hand washing and social distancing.
Site Monitoring and Enforcement, Suspension and Termination. DJP 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 at 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 these Terms and Conditions.
(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 Services. 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.
(d) Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS DJP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY DJP AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER DJP 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. 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. We do not review User Submissions to ensure compliance, nor do we take any action to approve or vet Volunteers or validate identification. We are not responsible in any way for any actions or inactions on the part of any Volunteer responding to a Request. Without limiting the generality of the foregoing, Volunteers that respond to Requests shall do so in good faith.
Safety and Training. Volunteers are not required to be health care professionals or to have obtained any certification or license pertaining to health care or public health, or otherwise be qualified or suited to respond to any Request. That being said we provide educational materials and links to government resources so our Volunteers can be properly informed and make a positive and safe contribution to the community. The content on the Website and the App 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 content. We make no representations about any other websites that may be accessed from the 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.
Request Removal. When a Requester choose to post a Request, you are solely responsible for ensuring that it does not violate any public health recommendations or local laws. We may remove any Request if we believe it may violate any law or policy or otherwise violate these Terms and Conditions or our Privacy Policy.
Fees and Services. I Can Help is a free service provided to help our community through difficult times. No fees are charged for registration or services. However, some requests may require compensation for costs incurred while carrying out the Request. Requesters are responsible for reimbursement of all out-of-pocket expenses incurred by Volunteers directly in connection with a Request (but not including, for greater certainty, indirect expenses such as gas, time, insurance, etc.) unless the Volunteer agrees otherwise prior to carrying out any Request.
It is possible that at some point in the future we may charge fees for certain Services, in which case you will be given adequate notice and be able to review and accept or decline that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the Website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).
Canadian sales taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for I Can Help to comply with its obligations under applicable law. To the extent that such information is not provided, I Can Help will in its discretion determine and collect appropriate taxes.
While many features of the Services are available on the Website and the App, some features and functionality may vary depending on which operating system, web browser and/or device you use to access the Services.
Intellectual Property 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, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by DJP, 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.
The "I Can Help" name, logo and all related names, logos, product and service names, designs, images and slogans are trademarks of DJP or its affiliates or licensors. You must not use such marks without the prior written permission of DJP. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website or on 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 Services for your personal and non-commercial use. You may not profit from the use of the Services (including charging a Requester to respond to a Request, except as specifically authorized in these Terms and Conditions). 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;
(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; and
(c) one single user copy of the App may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.
You 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.
If you print off, copy or download any part of our Website or App in breach of these Terms and Conditions, your right to use the Services 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, the App or to any content thereon, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Disclaimers. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE APP, AND ANY SERVICES ATTAINED THROUGH THE WEBSITE AND/OR THE APP (INCLUDING VOLUNTEERS FULFILLING REQUESTS MADE BY YOU) IS AT YOUR OWN RISK. THE WEBSITE, THE APP, THEIR CONTENT, AND ANY SERVICES ATTAINED THROUGH THE WEBSITE AND/OR THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES 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 DJP NOR ITS 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DJP NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES (INCLUDING VOLUNTEERS FULFILLING REQUESTS MADE BY YOU) WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT VOLUNTEERS WILL BE VETTED OR PRE-APPROVED OR OTHERWISE COMPLY WITH ANY STANDARDS, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE, THE APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY ACT OR OMISSION OF A VOLUNTEER IN FULFILLING A REQUEST (OR OTHERWISE).
Limitation of Liability. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DJP NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW THAT SUCH DAMAGE WAS POSSIBLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR THE APP, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON (INCLUDING THE FULFILLMENT OF ANY REQUEST BY A VOLUNTEER) EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW THAT SUCH DAMAGE WAS POSSIBLE.
DESPITE THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CANADIAN DOLLARS.
Indemnification. You will indemnify and hold harmless DJP and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services (including posting a Request, agreeing to have a Volunteer fulfil a Request or agreeing to become a Volunteer with respect to fulfilling any Request), any alleged violation by you of these Terms and Conditions or our Privacy Policy, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by DJP in accordance with our Privacy Policy.
Reviews.You may be asked to leave a review when using the Services (whether as a Requester or a Volunteer). Reviews may consist of a 1-5-star rating and selected reasons why you’ve chosen that review. Your submitted review, user name, profile photo (if available), and the type of service rendered will be made public. User reviews should be left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user’s account, the review should:
● be truthful to what happened between you and the other user
● not be left in an attempt to harass or abuse another user
● not be in left in an attempt to manipulate or mislead other users
Any such reviews constitute "User Submissions" for the purposes of these Terms and Conditions. We reserve the right to remove reviews which violate our policies or guidelines or these Terms and Conditions. To ensure the integrity of the review system, users are not able to edit or remove reviews on their own profile or someone else’s. I Can Help will also not mediate review-related disputes. User reviews reflect the opinions of individuals and I Can Help users and do not reflect the opinion of I Can Help. We reserve the right to suspend or terminate any user's access to the Services where we determine, in our sole discretion, that any user's reviews justify such suspension or termination.
General. These Terms and Conditions, our Privacy Policy and your use of the Services is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to these Terms and Conditions, our Privacy Policy and your use of the Services will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over by you by such courts and to the venue of such courts. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Your notices to us must be sent by email to contact@icanhelpapp.com. The owner of the Website is based in the Province of Ontario in Canada. We provide the Services for use only by persons located in Canada. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these Terms and Conditions at any time, with updates taking effect when you next use the Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to contact@icanhelpapp.com.
Mobile Devices Terms
If you're accessing the Services from a mobile device using the I Can Help mobile application (the "App"), the following terms and conditions ("Mobile Devices Terms") apply to you in addition to the Terms and Conditions and our Privacy Policy. To the extent there are any conflicts between the Mobile Device Terms and the Terms and Conditions, the Terms and Conditions prevail. Your use of the App confirms your agreement to these Mobile Devices Terms.
App Use. I Can Help grants you the right to use the App pursuant to the following restrictions: you may not (a) modify, copy, publish, license, sell, or otherwise commercialize this App or any information or software associated with this App; (b) rent, lease or otherwise transfer rights to this App; or (c) use this App in any manner that could impair the App or interfere with any party's use or enjoyment of the App. You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). The App may not contain the same functionality available on the I Can Help website (and certain functionality may not be available depending on which App and/or mobile device you are using). Your download and use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the App is installed on:
iOS – Apple
● These terms are an agreement between you and us, and not with Apple. Apple is not responsible for the App and the content thereof.
● We grant you the right to use the App only on an iOS product that you own or control and as permitted by the Usage Rules set forth in Apple’s then-current App Store Media Services Terms and Conditions.
● Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
● Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
● Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
● In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
● Apple and Apple's subsidiaries are third party beneficiaries of these terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these terms against you.
Android - Google
● These terms are an agreement between you and us, and not with Google. Google is not responsible for the App and the content thereof.
● Your use of the App must comply with Google’s then-current Google Play Store Terms of Service;
● Google is only a provider of the Google Play Store where you obtained the App;
● Google has no obligation or liability to you with respect to the App or these terms; and
● You acknowledge and agree that Google is a third-party beneficiary to these terms as it relates to the App.
Last Modified: March 30th, 2020