HANDYCONNECT TERMS AND CONDITIONS OF USE
Handyconnect Collaboration Works (“Handyconnect” also referred to here as “we”, “our”, “us”, “the website” and “the app”) provides these Terms and Conditions to the users of our service (“User”, “Users”, “you”, “your”, “Service Provider”, “Job Owner”, and “website visitors”) with the understanding that these Terms and Conditions of use constitutes a legally binding agreement between you and us.
1. General Terms and Conditions for the Service
By connecting to, accessing, and using the Service, you acknowledge that you have read these Terms and Conditions of Use, understand them, and agree to be bound as stated herein. You further agree that these Terms and Conditions of Use constitute the entire and exclusive agreement between you and Handyconnect and supersedes any proposal or prior agreement, oral or written, and any other communications existing between you and Handyconnect, regarding the Service. This Terms and Conditions and the Rules and Guidelines of Engagement on Jobs will govern the provision and use of the Service at all times.
In relation to your use of the Service, you acknowledge and agree as follows:
- Handyconnect makes no representations, warranties, undertakings, promises, or inducements of any kind, whether direct, indirect, collateral, express or implied, as to any matter whatsoever, including without limitation, arising from or connected to your use of the Service.
- The Service Providers are your independent contractors and not employees, agents, or independent contractors of Handyconnect. Handyconnect does not set hours of work or control or direct Service Providers in the delivery of their services.
- You shall hold harmless, indemnify and defend Handyconnect from all liabilities, demands, claims, damages, expenses and losses (including reasonable legal expenses) arising out of your use of or inability to use the Service.
- The Service is provided “as is” without any warranties as to fitness for a particular purpose and it is your duty and responsibility to ascertain that a Service Provider is suitable and qualified to perform the job required.
- You are at least 18 years of age or the legally required minimum age in your jurisdiction and capable of entering into and executing binding contracts in order to access and use the Service.
- You will comply with all payment terms of Handyconnect and abide by the Rules and Guidelines of Engagement on jobs provided to you.
In the case of Service Providers, you agree and acknowledge that:
- you have the right and necessary authorization to work in the jurisdiction of where the work will be performed.
- you will obtain and have all licenses, permits, approvals, authorizations and certifications necessary to perform the relevant tasks or to do the job.
- you possess the necessary skills, expertise, technical know how to do the job safely in accordance with the relevant Health and Safety laws and all applicable laws.
- you have the necessary insurance or in the case of a business, a comprehensive general liability insurance with coverage for bodily injury, damage or destruction to property and death.
- you will provide prompt services and diligently and efficiently complete all work for which you have been engaged.
- nothing in the Terms and Conditions of Service shall be construed to create between you and Handyconnect, a partnership, joint venture or any form of collaboration. At all times material to the Service, you are and shall operate as a sole proprietor, limited liability partnership, corporation or other business organization
2. Registering and Using Handyconnect
Handyconnect provides the Service through the URL https://handyconnect.ca by visiting the website or a user can download the mobile version of the app from the Appstore (IOS and Android) when available.
i. Grant of Licence
Handyconnect reserves the right to licence and use the Handyconnect Collaboration Works Service and grants you a non-exclusive, non-transferable, limited, and personal right to use the Service subject to the Terms and Conditions stated herein. Handyconnect represents and warrants to you that it has all necessary rights in and to the Service to grant you this licence to permitted use of the Service. You shall not use the Service for any other commercial purpose including but not limited to any job talent advertisement or employment agency or recruitment. The information or registration capability provided by the Service shall only be used by you exclusively for personal purposes. The rights granted to you by Handyconnect for use of the Service do not include the right to use the name, logo, or related trademarks and other intellectual property of Handyconnect. You may not modify, copy, publish, licence, sublicence, reproduce or sell or otherwise commercialize the Service or any information or materials associated with the Service in whole or in part for personal or financial gains or for the purpose of commercial redistribution. You agree that nothing in this Terms and Conditions of Use shall give you the right, title, interest in the Service other than to use same in accordance with this Terms and Conditions.
ii. Conditions of Use of Service
Use of the Service is entirely at your own risk and on a “AS IS” basis without any warranty or representation including but not limited to fitness for a particular purpose, satisfaction with service, service or job quality and level. Handyconnect does not guarantee any service delivery or endorse or recommend any Service Provider and Handyconnect will not assume responsibility or be liable for any loss or damages arising from or connected to your use of the Service.
In return for Handyconnect providing you with access to the Service, you acknowledge and agree to the following:
- Legal Use Only: The Service must at all times be used in a legal, ethically acceptable, and responsible manner. The Service is not to be repurposed, remarketed, or redistributed by you for any commercial or business purpose.
- Authorized Use Only: The Service is not to be used by any person that is not authorized to use it. You are solely and at all times responsible for all usage and activity on the account issued to you for accessing the Service (your “Account”). You agree to take reasonable efforts to ensure your username, password, answers to recovery questions, and any other credentials are protected and not used without your knowledge or consent or on your behalf by others. You are responsible for any use of the Service made with your credentials.
- Obligation to Revoke Account: If you suspect that others have obtained your username, password, answers to recovery questions, or any other credentials, or that your account has been compromised, you are responsible for revoking your Account and obtaining a new one with new credentials. You should safeguard your credentials and should not allow any other person to use them. If you suspect unauthorized access to your credentials, you should immediately notify Handyconnect.
- Closing Your Handyconnect Account: You may close your account and terminate your account with us at any time without cost or penalty, but you will remain liable for all obligations related to your Handyconnect account even after the Handyconnect account is closed. When you close your Handyconnect account, we will cancel any scheduled or incomplete transactions. You must cancel posted jobs, awarded jobs, bids and accepted job awards.
In certain cases, you may not close your Handyconnect account, including:
- To evade an investigation
- If you have a pending transaction or an open dispute or claim.
- If your Handyconnect account is subject to a hold, limitation, or reserve.
- Handyconnect May Revoke Account: Handyconnect reserves the right to revoke your Account at any time for security or administrative reasons.
- Unacceptable Use of the Service: You shall not use the Service, nor shall you permit anyone else to access and use the Service with your Account or from a computer system over which you exercise care and control, for any unacceptable and unauthorized use, which includes, without limitation, the following:
- Using the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service.
- Violating another person’s privacy.
- Misrepresenting oneself by posing as another user.
- Accessing, or making attempts to gain access to, any personal information pertaining to any other person, without the authorization, knowledge, or consent of such person.
- Interfering in any manner whatsoever with Handyconnect Collaboration Works’ ability to provide the Service, or any of its other services.
- Violating any system or network security measure, including engaging in unauthorized access or use of Handyconnect Collaboration Works’ network, data, or information.
- Using, reproducing, providing services, or otherwise exploiting the Service for any commercial purpose.
- Engaging in any activity that is substantially similar to any of the foregoing unauthorized uses, for which Handyconnect Collaboration Works advises you, in its sole and unfettered discretion, is prohibited or is reasonably and generally regarded to be an unacceptable use of the Service.
- Dormant accounts: If you do not log in to your Handyconnect account for two or more years, Handyconnect may close your Handyconnect account and send the Handyconnect balance to your primary mode of payment on file. Handyconnect will determine your province of residency based on the primary address for your Handyconnect account. If your address is unknown or registered in a foreign country, your Handyconnect balance will be escheated. Where required, Handyconnect will send you a notice prior to escheating any funds in your Handyconnect account. If you fail to respond to this notice, your Handyconnect balance will be escheated to the applicable province. If you would like to claim any escheated Handyconnect balance from the applicable province, please contact the applicable province’s unclaimed property administrator.
iii. Intellectual Property Rights
All rights, title and interest, including all intellectual property rights, in and to the Service and all elements and components thereof include all background intellectual property, subject to the express non-exclusive permitted use licence granted to you herein are and shall remain the exclusive property of Handyconnect. Handyconnect does not grant you any right or title or interest in any aspects and parts of background intellectual property or materials or information including inventions, discoveries, designs, texts, graphics, technical data, methodologies, products, descriptions, strategies, graphs, formatting, photographs, trademarks, logos, specifications, marketing, marketing opportunities, trade secrets, know-hows, and reports owned by Handyconnect and or related to the Service. All service marks, trademarks, tradenames, logos and associated logos belonging to Handyconnect are the exclusive property of Handyconnect and you may not copy or use any of these marks, logos, tradenames without the express prior written consent of Handyconnect. Also, you may not reverse engineer, decompile, or disassemble any products or technology used for the Service. Any other logos, trademarks, tradenames appearing on Handyconnect belong to their respective owners and these also may not be copied or used without the express authorization and consent of the relevant owner.
iv. Ownership and Copyright Ownership of Content
Besides your personal information you transmit through the Service which you retain ownership rights to, you have no ownership or copyright in the Service, or any information or data or materials used for the Service. All ownership and copyright to the Service, and any information or data contained therein, shall at all times be held by and belong to Handyconnect. If you reasonably believe that your copyright may have been infringed or used without your consent or authorization, please contact Handyconnect immediately.
v. Confidential Information
Confidential Information means any and all information directly or indirectly related to the Service and which is used in and for the Service. You agree that any violation of confidentiality obligations imposed and deemed from your use of the Service may result in immediate and irreparable damage to Handyconnect for which monetary damages may not be a sufficient remedy and agree that in the event of such violation, Handyconnect may be entitled, without waiving any other rights or remedies to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction within Canada, without the necessity of proving actual damages. The confidentiality obligations shall continue for as long as your Handyconnect account remains active and for a period of 7 years thereafter you shall not disclose, transfer, or use or seek to use or share any information that may reasonably be considered as Confidential with any third party.
vi. Warranty Disclaimer
You acknowledge and agree that the Service is provided on an “AS IS” and “AS AVAILABLE” basis, without representations, warranties, or conditions of any kind. Handyconnect specifically makes no warranties that access to the Service, or any content or information obtained from or through the use of the Service shall be provided on an uninterrupted, timely, secure, or error-free basis or that such Service or the results derived therefrom shall meet your requirements or expectations. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH HANDYCONNECT SHALL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS TERMS AND CONDITIONS. HANDYCONNECT SPECIFICALLY DISCLAIMS ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED.
vii. Exclusion of Liability
- Any matters or factors outside of its control, including the availability or unavailability of the Internet, or telecommunications or other infrastructure systems.
- The availability or unavailability of the Internet, or telecommunications or other infrastructure systems due to system maintenance.
- The availability or unavailability of the Service for any reason.
- The availability or unavailability of a Service Provider, or Job Owner or equipment or other facilities after a job as been awarded and the award accepted.
- The ability or capability of a Service Provider, or Job Owner or equipment or other facilities to keep to terms and conditions of a contract agreement after a job as been awarded and the award accepted.
- Any illegal or fraudulent use of your Account, including your username, password, other credential, or other personal information held by the Service.
- The use of your Account in a foreign country where such use is prohibited by the laws of that country.
- Your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf, or any of the Handyconnect services.
- Delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf and any of the Handyconnect services.
- Viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf or any of the Handyconnect services or any website or service linked to our websites, software, or any of the Handyconnect services.
- Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf or any of the Handyconnect services or in the information and graphics obtained from them.
- The content, actions, or inactions of third parties.
- A suspension or other action taken with respect to your Handyconnect account; or
- Your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms and Conditions or Handyconnect’s policies.
Handyconnect shall not be liable and you hereby release Handyconnect and its affiliates, corporate partners, directors, employees, agents and assigns, from any direct, indirect, incidental, actual, consequential, special or exemplary damages, economic (including but not limited to loss of profits, loss of goodwill, or data loss. Handyconnect cannot and does not guarantee that any personal information or data you supply will not be misappropriated, intercepted, stolen, deleted, destroyed or used by others. To the fullest extent permitted under the law you release Handyconnect from any such claims, complaints or liabilities arising therefrom. For greater clarity, any reference on the Handyconnect Service to a Service Provider being “verified” or “background checked”, “vetted”, “accredited”, “reliable” or any other similar language indicates only that the Service Provider has provided all relevant information requested by Handyconnect for registration for Service and meets the basic criteria for registration and nothing more. Any such description of a Service Provider is not an endorsement, guarantee or certification by Handyconnect of such Service Provider’s skills, character or integrity or whether such Service Provider is suitably qualified to provide services. Any such description is intended solely to be helpful information to users to guide their decision making about suitability or otherwise of a Service Provider for a job or service.
Hyperlinking Third Party Websites
xi. Governing Law and Jurisdiction
These Terms and Conditions of Use shall be governed in accordance with the laws of Nova Scotia and Canada, as applicable You consent that in the case of any dispute whatsoever arising from or in connection with this Terms and Conditions of Use shall first be referred to Mediation and where Mediation fails, the courts of Nova Scotia and Canada, as applicable shall have jurisdiction to hear such disputes.
3. Payment for Services Provided
You can use PayPal, ApplePay, GooglePay, credit card (Visa debit card, Mastercard debit card) or a Canadian bank account to make your payments into your Handyconnect account. Please keep your payment method information current (i.e., credit card number and expiration date). If this information changes, we may update it using information and third-party sources available to us without any action on your part. If we update your payment method, we will keep any preference setting attached to such payment method.
4. Frequency for Services Providers
Handyconnect makes weekly payments on Fridays by 12 noon AST to Service Providers irrespective of when the job is completed during the week. However, only jobs completed and confirmed by Job Owner before 11am AST on Friday will qualify for payment for that period.
5. Holding a Handyconnect Balance
For greater clarity, any Handyconnect balance you hold represents an unsecured claim against Handyconnect and is not insured by the Canada Deposit Insurance Corporation (“CDIC”) or by any other provincial insurer of deposits. The pooled amounts are held separate from Handyconnect’s corporate funds, and Handyconnect will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.
Handyconnect is not a bank and does not itself take deposits. You will not receive any interest on the funds held with Handyconnect.
6. Our Fees
The fees applicable to using our Service can be found on our Rules and Guidelines on Job Engagement which is accessible each time you initiate a transaction to post, bid, award or accept a job offer.
7. Payment review
When Handyconnect identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Handyconnect will place a hold on the transaction and notify the Service Provider to delay provision of the service. As a job owner, this may delay your job. If we clear the transaction, we will notify the Service Provider and direct them to commence the service. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.
8. Automatic payments
You give advance authorization to Handyconnect to make payments and accept payments on your behalf when you sign on to use Handyconnect. This agreement is between you and Handyconnect, and it allows Handyconnect to take funds from your credit or debit card with your authorization on a one-time, regular, or sporadic basis. Examples are those that Handyconnect calls a “billing agreement”, “subscription,” “recurring payment”, “preauthorized debit or PAD”, or “preapproved payment.”
In the case of jobs awarded to a Service Provider to be performed over a period, you may cancel an automatic payment up to 3 Business Days before the due date of a payment cycle by contacting us through the Handyconnect Report Issue. Once an automatic payment is canceled, all future automatic payments under your agreement with that Service Provider will be stopped. If you cancel a payment, you may still owe the Service Provider money for the service already provided or have additional obligations to the Service Provider for any jobs or services that you received but have not paid for during the period. Once a job is awarded to a Service Provider, it permits Handyconnect to take or receive payments from your account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle) for the contract duration.
Either the Job owner or Service Provider may cancel a job award or service delivery. Except in the event of a Force Majeure, all cancellations must be made no later than 72 hours before the date of commencement of the job or service and must be by mutual agreement of the parties.
Types of Cancellations
- Where a Job owner or Service Provider cancels a job less than 72 hours prior to the start date without a Force Majeure, such cancellation will attract a Handyconnect charge of 10% of the total contract value which shall be paid by the job owner or Service Provider to Handyconnect.
- Where a Job owner or Service Provider cancels a job or service in progress without a Force Majeure, such cancellation will attract a Handyconnect charge of 15% of the total contract value which shall be paid by the Job owner or Service Provider to Handyconnect. In addition, the Job owner and Service Provider shall negotiate a compensation amount to be paid to the Service for services rendered or work done on a quantum meruit basis depending on the situation.
“Force Majeure” shall mean any event or circumstance or combination of events or circumstances including their effects that is beyond reasonable control of a party and that materially and adversely affects the ability of the party to perform any of their obligations in relation to the Service, but only to the extent that:
- such circumstance, event or condition, despite the exercise of diligence, cannot be prevented, avoided, or overcome by the affected party;
- the affected party has taken all reasonable precautions, due care and measures to prevent, avoid, or overcome the effect of such circumstance, event or condition on their ability to perform their obligations with respect to the Service and to mitigate its consequences; and
- such circumstance, event or condition is not the direct result of a breach or failure by the affected party to perform any of their obligations with respect to the Service.
Force Majeure Events shall include the following: any act of war (whether declared or undeclared), invasion, armed conflict, or act of foreign enemy, blockade, riot, civil commotion, act of terrorism, lightning, fire, earthquake, flood, storm, cyclone, typhoon, tornado or other natural calamity, explosion or chemical contamination, epidemic, pandemic or plague. The party affected by the Force Majeure Event shall give prompt notice to the other party as soon as reasonably practicable. The Job owner shall not be obliged to make any payment or compensation to the Service Provider during a Force Majeure Event. Where the Force Majeure Event continues for a period of seven (7) consecutive days, the contract will be terminated at the request of either party.
10. Processing Refunds
When a request for refund is made, the money will typically be refunded to the original payment method you used for the transaction; credit card, Visa debit card, Mastercard debit card or Handyconnect balance. If you used a bank account as the payment method for the transaction, we would refund the money to your bank account, or to your Handyconnect balance if we cannot refund it to your bank account.
Money will be refunded in the same currency you paid; or if we are unable to refund in the currency you paid, in your primary holding currency; or if we are unable to refund in your primary holding currency, then in Canadian dollars.
11. Payment Method Used for My Transaction
Selecting a preferred payment method
You can choose any of the payment methods in your Handyconnect account as your preferred payment method. You can select a preferred payment method when paying for services on the Handyconnect app. There may be times when your preferred payment method cannot be used, for example, if you select a credit card that is expired.
If you have chosen a preferred payment method, it will be shown as the primary method of payment. If you have not chosen a preferred payment method, it’s still your choice.
The availability of certain payment methods may be limited based on that particular Service provider or the third-party website you are using to complete the transaction.
If you have not selected a preferred payment method, or your preferred payment method is unavailable, we will show you available payment methods, including the payment method you used most often or most recently, at the time of transaction.
12. Messaging Policy
Prior to a contract agreement or job award on Handyconnect, users are not allowed to exchange any form of contact information including email address, personal details, business details, location details, social media details, websites, links, or URLs.
No exchange of explicit contents, vulgar, racial, or derogatory statements with other users or through the Handyconnect system.
Any attempt to do any of these will constitute a violation of our messaging policy and users may be suspended, charged, or banned from Handyconnect
13. Dispute Resolution
Our Online dispute resolution process
If a User and Service Provider are unable to resolve a dispute that is related to service delivery or performance of a job, we recommend that they must follow our online Dispute Resolution Process by clicking on the “Report Issue” link to pursue a claim under our User Protection program. You may also file a claim (as in Step 2 below) by calling us and speaking to an agent. The steps you must follow are described below, and if you do not follow these steps your claim may be denied:
- Step 1: Open a dispute within 90 days of the date you made the payment or provided the service. This will allow you to start a direct conversation regarding your issue with the transaction that may help resolve the dispute. If you are unable to resolve the dispute directly with the user or Service Provider, proceed to Step 2. We will place a hold on all funds related to the transaction in the affected user’s Handyconnect account until the dispute is resolved or closed.
- Step 2: Escalate the dispute to a claim for reimbursement within 20 days after opening the dispute, if you and the Service Provider are unable to come to an agreement, we will automatically close the dispute. You can escalate the dispute to a claim for reimbursement through Handyconnect by following “Report Issue” link. The user may also escalate the dispute to a claim at this point. Handyconnect may ask you to wait at least 7 days from the transaction date to escalate the dispute.
- Step 3: Respond to Handyconnect’s requests for documentation or other information, after you, the user or Handyconnect escalates your dispute to a claim for reimbursement. Handyconnect may require you to provide receipts, third party evaluations, police reports or other documents considered relevant to the dispute. You must respond to these requests in a timely manner as requested in our correspondence with you.
- Step 4: Comply with Handyconnect’s service agreements in a timely manner, if you’re filing a Significantly Not as Described claim. Handyconnect may require you to make refund to the user through Handyconnect or to a third party (which will be specified by Handyconnect) and to provide proof of refund
Proof of refund means:
- For transactions that involve materials or equipment owned by the other party, provide the delivery address showing at least city/province or postal code, delivery date, and the identity of the company you used.
- For transactions that involves job partially completed, provide photo evidence of job done and details of material used to include cost and expended time taken to do the job.
- Step 5: Handyconnect will make a final decision (including automatically closing any dispute or claim), in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online dispute resolution process, or any other information Handyconnect deems relevant and appropriate under the circumstances.
- Note that for certain services there are special rules that apply and that include pre-determined thresholds where we may, at our discretion, reverse the transaction without requiring you to take further action. We may limit the number of automatic reversals that you benefit from, but, even if that is the case, you will still be able to follow Handyconnect’s standard dispute resolution processes described above.
14. Dispute with us or your card issuer
If you used a credit card, Visa debit card or Mastercard debit card as the payment method for a transaction through your Handyconnect account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under Handyconnect’s User Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory services even if they don’t qualify for protection under a Significantly Not as Described claim with us.
You must choose whether to pursue a dispute with Handyconnect under our User Protection program, or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.
If you choose to dispute a transaction with Handyconnect and we decide against you, you can seek to pursue the dispute with your card issuer later. If Handyconnect does not make a final decision on your claim until after your card issuer’s deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the Service provider or your card issuer). Before contacting your card, issuer or filing a dispute with Handyconnect, you should contact the service provider to attempt to resolve your issue in accordance with the service provider’s return policy.
15. Taxes and information reporting
Service Providers are solely responsible to collect, file, report and remit the correct taxes to the appropriate government authority. Handyconnect is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting, or remitting taxes arising from any payment received. For greater clarity, Handyconnect shall not be held responsible for any breach of a Service Provider’s tax obligations whether jointly or severally in relation to any sales tax, withholding tax, VAT, goods and service tax or any tax, levies, penalties or charges howsoever called. Each User and Service Provider are responsible to fulfil their respective tax filings and obligations.
16. Dispute fees
Handyconnect will charge a Dispute fee of 10% to facilitate the online dispute resolution process for transactions that are processed through a user’s Handyconnect account. The Dispute fee applies when the user pursues a claim directly with Handyconnect, a chargeback with their card issuer, or a reversal with their bank.
17. Handyconnect’s Service provider Protection Program
If you provide service to a job owner and the transaction is later disputed or reversed under Reversals, Claims or Chargebacks, you may be eligible for reimbursement under Handyconnect’s Service Provider Protection program. When it applies, Handyconnect’s Service Provider Protection program entitles you to retain the full work amount for debit and credit card-funded transactions. There is no limit on the number of payments for which you can receive coverage. By accessing the transaction details page in your Handyconnect account you can determine whether or not your transaction is eligible for protection under this program.
Handyconnect’s Service provider Protection program may apply when a job owner claims that:
- They did not authorize or benefit from funds sent from their Handyconnect account (referred to as an “Unauthorized Transaction” claim), and the Unauthorized Transaction occurs in an environment hosted by Handyconnect; or
- The job owner didn’t receive the service from you (referred to as an “Service Not Received” claim).
- Handyconnect’s Service provider Protection program may also apply when a transaction is reversed because of a successful chargeback by a job owner or when a bank funded payment is reversed by the job owner’s bank.
- This section describes Handyconnect’s Service provider Protection program as it applies to you, but you should also be familiar with the Impact of various work protection processes on Service Providers.
To be eligible for Handyconnect’s Service Provider Protection, all of the following basic requirements must be met, as well as any applicable additional requirements:
- The primary address for your Handyconnect account must be in Canada.
- The service must be a delivered in person. Transactions involving services that you deliver in person in connection with payment made, may also be eligible for Service provider Protection so long as the job owner paid for the transaction through Handyconnect.
- Provide valid proof of service delivery.
- For eligible services, you must provide the Service to the address on the transaction details page in your Handyconnect account for the transaction or list the job in posted job area and complete the transaction in person. If you originally provide the service to the recipient’s address on the transaction details page but the service is later redirected to a different address, you will not be eligible for Handyconnect Service provider Protection. We therefore recommend not using a service that is arranged by the job owner, so that you will be able to provide valid proof of service delivery.
- The requirement does not apply to eligible transactions involving services that you deliver in person, provided, however, that you agree to provide us with alternative evidence of delivery, or such additional documentation or information relating to the transaction that we may request.
- You must respond to Handyconnect’s requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Centre. If you do not respond to Handyconnect’s request for documentation and other information within the time requested, you may not be eligible for Service provider Protection.
- If the service delivery is not tangible, you must provide service within the timeframe specified in the listing. Otherwise, it is recommended that you provide all services within 7 days after receipt of award.
- The payment must be marked “eligible” or “partially eligible” in the case of Unauthorized Transaction claims, or “eligible” in the case of Service Not Received claims, for Handyconnect’s Service provider
18. Protection on the Transaction Details page.
Handyconnect determines, in its sole discretion, whether your claim qualifies for the Service provider Protection program. Handyconnect will make a decision, based on the coverage and eligibility requirements, any information or documentation provided during the resolution process or any other information Handyconnect deems relevant and appropriate under the circumstances.
19. Service Not Received additional requirements
To be eligible for Handyconnect’s Service Provider Protection program for a job owner’s Service Not Received claim, you must meet both the eligibility requirements and the additional requirements listed below:
• Where a job owner files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for Handyconnect’s Service provider Protection on the Transaction Details page.
• You must provide proof of delivery as described below.
20. Unauthorized Transactions additional requirements
To be eligible for Handyconnect’s Service provider Protection program for a job owner’s Unauthorized Transaction claim, you must meet both the basic requirements and the additional requirements listed below:
• The payment must have been made in connection with a transaction where the job owner logged into their Handyconnect account to complete the transaction. That is, transactions that you complete, on the job owner’s behalf pursuant to an agreement with that job owner, where Handyconnect is stored as the payment method (such as automatic payments) do not qualify for protection from Unauthorized Transactions under Handyconnect’s Service Provider Protection program.
• You must provide proof of service delivery as described below unless the payment was for a service that was posted in Handyconnect and you completed the transaction remotely.
21. Proof of Job Completion
To establish job completion, the work request must have been completed according to the description in the job posting. A photo of job completed may be required in some cases.
22. Ineligible services and transactions
Your service is not eligible for coverage under Handyconnect’s Service provider Protection program if:
- The job owner claims (either with us or their card issuer) that the service you provided isn’t what was desired (referred to as a “Definition of Done or Significantly Not as Described” claim). For the avoidance of doubt, the desire is objective and shall be subjected to the reasonable man’s test of what the expectation for job completion will be in the circumstance.
- It involves a service that Handyconnect determines, in its sole discretion, is a counterfeit service.
- It involves a service that you deliver in person, including in connection with a payment made in your physical store, unless the job owner paid for the transaction by using Handyconnect.
- It involves services that are not processed either through a job owner’s Handyconnect account or a Handyconnect checkout transaction. For example, if the service was made using any other means not eligible for coverage.
- It involves services equivalent to cash including gift cards.
- It involves a donation.
- It relates to the work of a financial product or investment of any kind.
- It involves a payment sent using Handyconnect’s voluntary and free service functionality.
- Payments made in respect of gold (whether in physical form or in exchange-traded form).
23. Restricted Activities and Holds
In connection with your use of our websites, your Handyconnect account, the Handyconnect services, or in the course of your interactions with Handyconnect, other Handyconnect customers, or third parties, you will not:
- Breach this Terms and Conditions and User agreement, the Handyconnect, the Rules and Guidelines of Engagement on Jobs, agreements between third-parties and Handyconnect (if they apply to you), or any other agreement between you and Handyconnect.
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising).
- Infringe Handyconnect’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
- Provide service counterfeit jobs.
- Act in a manner that is defamatory, trade libelous, threatening or harassing.
- Provide false, inaccurate, or misleading information.
- Send or receive what we reasonably believe to be potentially fraudulent funds.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
- Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Handyconnect and the Service provider, bank, or card issuer for the same transaction.
- Control an account that is linked to another account that has engaged in any of these restricted activities.
- Conduct your business or use the Handyconnect services in a manner that results in or may result in
- requests by job owners (either filed with us or card issuers) to invalidate payments made to you; or.
- fees, fines, penalties or other liability or losses to Handyconnect, other Handyconnect customers, third parties or you.
Use your Handyconnect account or the Handyconnect services in a manner that Handyconnect, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
- Allow your Handyconnect account to have a negative Handyconnect balance.
- Provide yourself a cash advance from your credit card (or help others to do so).
- Access the Handyconnect services from a country that is not included on Handyconnect’s permitted countries list;
- Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf or the Handyconnect services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Handyconnect services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf, any of the Handyconnect services or other users’ use of any of the Handyconnect services.
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
- Use the Handyconnect services to test credit card behaviors.
- Circumvent any Handyconnect policy or determinations about your Handyconnect account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Handyconnect account(s) when an account has a negative Handyconnect balance or has been restricted, suspended or otherwise limited; opening new or additional Handyconnect accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Handyconnect account; or
- Harass and/or threaten our employees, agents, or other users.
24. Actions We May Take if You Engage in Any Restricted Activities
If we believe that you’ve engaged in any of the activities listed above, we may take a number of actions to protect Handyconnect, its customers and other users at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
- Terminate this user agreement, limit your Handyconnect account, and/or close or suspend your Handyconnect account, immediately and without penalty to us.
- Refuse to provide the Handyconnect services to you in the future.
- Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf, your Handyconnect account or any of the Handyconnect services, including limiting your ability to pay or send money with any of the payment methods linked to your Handyconnect account, restricting your ability to send money or make withdrawals.
- Hold your Handyconnect balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
- Suspend your eligibility for Handyconnect’s Job Owner Protection program and/or Handyconnect’s Service Provider Protection program.
- Contact Job Owners and Service Providers who have worked jobs or services from you using Handyconnect, your bank or credit card issuer, other impacted third parties or law enforcement about your actions.
- Update inaccurate information you provided us.
- Take legal action against you.
- If you’ve violated our Messaging Policy, then you’re also responsible for damages to Handyconnect caused by your violation of this policy; or
- If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to Handyconnect caused by your violation of this policy; or
- If you are a Service Provider and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to Handyconnect for the amount of Handyconnect’s damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500 Canadian Dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of Handyconnect’s actual damages considering all currently existing circumstances, including the relation of the sum to the range of harm to Handyconnect that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. Handyconnect may deduct such damages directly from any existing Handyconnect balance in any Handyconnect account you control.
- If we close your Handyconnect account or terminate your use of the Handyconnect services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your Handyconnect account available for withdrawal.
- You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by Handyconnect, any Handyconnect customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Handyconnect services.
25. Holds, Limitations and Reserves
What are holds, limitations and reserves?
Under certain circumstances, in order to protect Handyconnect and the security and integrity of the network of Job Owners and Service Providers using the Handyconnect services, Handyconnect may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Dispute Resolution Process by following “Report Issue” link or follow the instructions in our email notice with respect to the limitation, hold or reserve.
Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Handyconnect, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Handyconnect account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
To facilitate Handyconnect’s actions described above and allow us to assess the level of risk associated with your Handyconnect account, you agree to cooperate with Handyconnect’s reasonable requests for financial statements and other documentation or information in a timely fashion.
A hold is an action that Handyconnect may take under certain circumstances either at the transaction level or the account level. When Handyconnect places a temporary hold on a payment, the money is not available to either the sender or the recipient. Handyconnect reviews many factors before placing a hold on a payment, including account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where Handyconnect will hold payments include:
• Service Provider is yet to complete a job as agreed with Job Owner.
• Payments for higher-risk categories like projects involving many sub jobs.
• Service Providers who have performance issues, or a high rate of Job Owner dissatisfaction or disputes.
ii. Holds based on Handyconnect’s risk decisions
We may place a hold on payments sent to your Handyconnect account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Handyconnect account, or your transactions or that placing such a hold is necessary to comply with federal or provincial regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your Handyconnect account with an indication that they are unavailable or pending. We’ll notify you, either through your Handyconnect account or directly by phone or email, whenever we place a hold.
Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your Handyconnect account. We may release the hold earlier under certain circumstances (for example, if you’ve provided information relating to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we’ll hold the payment in your Handyconnect account until the matter is resolved (but no longer than 90 days).
iii. Holds related to Job Awarded transactions
If you’re a Service Provider, a hold may be placed on a payment sent to you in fulfilment of job performance between you and the Job Owner. These holds will appear in your Handyconnect account. If you have questions about why Handyconnect put these holds in place, you will need to contact the Job Owner directly.
iv. Holds based on disputed transactions
If a payment sent to you as a Service provider is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your Handyconnect account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we’ll lift the temporary hold. If we determine the transaction should be reversed, we’ll remove the funds from your Handyconnect account.
We may place a suspension on your Handyconnect account if we believe there may be a high level of risk associated with you, your Handyconnect account, your business model, or your transactions. When we place a reserve on your Handyconnect account, it means that all or some portion of the money in your Handyconnect account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your Handyconnect account or use of the Handyconnect services. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.
Handyconnect considers a list of non-exclusive factors and whether and how these factors have changed over time, including:
- How long you have been in business.
- Whether your industry has a higher likelihood of chargebacks.
- Your payment processing history with Handyconnect and other providers.
- Your business and/or personal credit history.
- Your delivery time frames.
- Whether you have higher than average number of returns, chargebacks, claims or disputes.
There are two types of reserves that may be placed on your Handyconnect account, and one or both may be applied at the same time:
If we place a reserve on funds in your account, the funds will be shown as “pending and we’ll notify you of the terms of the reserve.
If we change the terms of the reserve due to a change in our risk assessment, we’ll notify you of the new terms.
v. Court Orders, Regulatory Requirements or Other Legal Process
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Handyconnect account, placing a reserve or limitation on your Handyconnect account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement, or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Handyconnect account. When we implement a hold, reserve, or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
vi. Liability for Unauthorized Transactions
Handyconnect will not be held responsible for unauthorized transactions originating from your login or access details.
vii. Protection from Unauthorized Transactions
To protect yourself from unauthorized activity in your Handyconnect account, you should regularly log into your Handyconnect account and review your Handyconnect account statement. Handyconnect will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
Handyconnect will protect you from unauthorized activity in your Handyconnect account. When this protection applies, Handyconnect will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.
What is an Unauthorized Transaction?
An “Unauthorized Transaction” occurs when transactions take place from your Handyconnect account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Handyconnect account, and post a job or accepts a job or award a job from your Handyconnect account, an Unauthorized Transaction has occurred.
What is not considered an Unauthorized Transaction
The following are NOT considered Unauthorized Transactions:
If you give someone access to your Handyconnect account (by giving them your login information) and they use your Handyconnect account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Refund and Payments
viii. Reporting an Unauthorized Transaction
If you believe your Handyconnect login information has been lost or stolen, please contact Handyconnect customer service immediately.
Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means. You could lose all the money in your Handyconnect account. If you tell us within 60 days after we provide you your Handyconnect account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions. If a good reason (such as a long trip or a hospital stay) kept you from telling us before 60 days expires, we may extend the eligible time period.
26. Issue Resolution
a. What is an Issue?
An “Issue” means the following:
When money is either incorrectly taken from your Handyconnect account or incorrectly placed into your Handyconnect account, or when a transaction is incorrectly recorded in your Handyconnect account.
You send a payment, and the incorrect amount is debited from your Handyconnect account.
An incorrect amount is credited to your Handyconnect account.
A transaction is missing from or not properly identified in your Handyconnect account statement.
We make a computational or mathematical error related to your Handyconnect account.
You request receipt or periodic statement documents that Handyconnect is required to provide to you.
You request documentation or other information unless the request is for a duplicate copy for tax or other record-keeping purposes.
b. What is not considered an Error
The following are NOT considered Errors:
If you give someone access to your Handyconnect account (by giving them your login information) and they use your Handyconnect account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described as Refund or Payment
Routine inquiries about your Handyconnect balance.
Requests for duplicate documentation or other information for tax or other recordkeeping purposes.
c. In case of Errors or questions about your payment
Contact us at through Report Issue Link; or write to us at Handyconnect., Attn: Issues Resolution 1505 Barrington Street, Suite 100, Halifax, Canada.
Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Handyconnect account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Handyconnect account.
For errors involving new Handyconnect accounts, point-of-service transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Handyconnect accounts, we may take up to 20 Business Days to credit your Handyconnect account for the amount you think is in error.
We will tell you about the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
27. Communications Between You and Us
You agree that Handyconnect and its affiliates may contact you by email for marketing purposes. You may opt-out of receiving marketing communications when you open a Handyconnect account, by changing your account preferences on www.Handyconnect.ca or by clicking on the unsubscribe link in any Handyconnect email or receipt you receive from us. Please allow up to 10 Business Days for the opt-out to take effect. We will provide factual information about your account or the Handyconnect Services, even if you have opted-out of receiving marketing communications.
If you provide us your mobile phone number, you agree that Handyconnect and its affiliates may contact you at that number using autodialed or pre-recorded message calls or text messages to: (i) service your Handyconnect branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or pre-recorded message calls or texts to contact you for marketing purposes unless we receive your prior consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above but will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or pre-recorded message calls or texts to your mobile phone number in order to use and enjoy the jobs and services offered by Handyconnect. You can decline to receive autodialed or pre-recorded message calls or texts to your mobile phone number in several ways, including, via an email transaction receipt, in your account settings at www.Handyconnect.ca, or by contacting Handyconnect Customer Service. However, we may still call you directly using other means if we need to speak with you. Standard telephone minute and text charges may apply.
Handyconnect may communicate with you about your Handyconnect account and the Handyconnect services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.
Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to Handyconnect must be sent by postal mail to: Handyconnect Canada, Attention: Legal Department,1505 Barrington Street, Suite 100, Halifax, Canada.
You understand and agree that, to the extent permitted by law, Handyconnect may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Handyconnect or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Handyconnect may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Handyconnect, and Handyconnect does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
28. Handyconnect’s Rights
i. Handyconnect suspension and termination rights
Handyconnect, at its sole discretion, reserves the right to suspend or terminate this Terms and Conditions of Use agreement (“Agreement”), access to or use of its websites, software, systems (including any networks and servers used to provide any of the Handyconnect services) operated by us or on our behalf or some or all of the Handyconnect services for any reason and at any time upon notice to you and, upon termination of this Agreement, the payment to you of any unrestricted funds held in your Handyconnect balance.
ii. Security interest
As security for the performance of your obligations under this Agreement, you grant to Handyconnect a lien on, and security interest in and to, your Handyconnect balance in the possession of Handyconnect.
iii. Amounts owed to Handyconnect
If your Handyconnect balance becomes negative for any reason, that negative Handyconnect balance represents an amount that you owe to Handyconnect. Handyconnect may deduct these amounts from funds that are added to your Handyconnect account later, either by you or from payments you receive. If you have more than one Handyconnect account, we may set off a negative Handyconnect balance in one Handyconnect account against a Handyconnect balance in your other Handyconnect account(s). If you continue using your Handyconnect account when it has a negative balance, you authorize Handyconnect to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.
If you hold funds in a Handyconnect account in multiple currencies, and the balance for one of the currencies becomes negative for any reason, Handyconnect may set off the negative Handyconnect balance by using funds you maintain in a different currency. Handyconnect will convert this negative balance to Canadian Dollars. In either case, a currency conversion will be necessary, and Handyconnect’s transaction exchange rate (including our currency conversion fee) will be used.
In addition to the above, if you have a past due amount owed to us, our affiliates, Handyconnect may debit your Handyconnect account to pay any amounts that are past due.
29. Insolvency proceedings
If any proceeding by or against you is commenced under any provision of the Bankruptcy and Insolvency Act, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
30. Assumption of rights
If Handyconnect invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that Handyconnect assumes your rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, in Handyconnect’s discretion.
31. No waiver
Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 Canadian Dollars, you may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If you elect arbitration, you will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by you and us. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by you; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
33. Disputes relating to the Code of Conduct for the SaaS Industry in Canada
If you are a Handyconnect User and you are unhappy with our resolution of a dispute regarding a potential violation of the Code of Conduct for the SaaS Industry in Canada, please refer to our Code of Conduct Complaints Resolution guidelines for information on how to escalate your dispute.
34. Business Days
“Business Day(s)” means Monday through Friday, excluding holidays when Handyconnect’s offices are not considered open for business. Holidays include New Year’s Day (January 1), Family Day, Good Friday (the Friday before Easter Sunday), Victoria Day (the last Monday preceding May 25), Canada Day (July 1), Civic Bank Holiday (August 6), Labour Day (the first Monday in September), Thanksgiving Day (the second Monday in October), Christmas Day (December 25) and Boxing Day (December 26). If a holiday falls on a Saturday, Handyconnect observes the holiday on the prior Friday. If the holiday falls on a Sunday, Handyconnect observes the holiday on the following Monday.
36. Terms in English; Translation of agreement
THIS DOES NOT APPLY IF YOU RESIDE IN THE PROVINCE OF QUEBEC. It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.
Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais. Toute traduction de ces conditions d’utilisation est uniquement fournie pour votre commodité et ne vise pas à modifier les modalités de ces conditions d’utilisation. En cas de conflit entre la version en anglais de ces conditions d’utilisation et une version dans une langue autre que l’anglais, la version en anglais prévaudra.
Last update: September 20, 2022