RefixNow is an online marketplace in which the member Service Provider (including all of its affiliates, agents, employees, representatives
and subcontractors) offer its services to the service buyers (“Users). From this point onward, references to the RefixNow website, www.refixnow.com
(“website”) include any and all websites and mobile applications that are owned, managed and / or operated by RefixNow, now or in the future. The access
to the website provided to the Service Providers and Users (“You”) by RefixNow is subject to these legally binding terms and conditions. You are advised
to carefully read the Terms of Service before proceeding. If you choose to continue using this website and/or any RefixNow services (the “Services”), then
this indicates that you have accepted the Terms of Service and have agreed to be legally bound by them. If you do not agree to be legally bound by the
Terms or consider any future changes or amendments to the Terms unacceptable, please immediately cease to use this website.
From this point onwards, the Terms are divided into two categories:
In the section below, the Service Providers will be referred to as “SP“and RefixNow will be referred as “We”, “Our” or “Us”.
With respect to RefixNow Service Providers:
- i.RefixNow receives requests from its Users for services related to home improvement. We may then send the SP the User’s service request. We may also send the SP’s contact information to the Users. The SP’s contact information provided by Us is based on the SP’s company profile (which may be amended by the SP from time to time.), as well as User rating and reviews, which may be amended at RefixNow’s discretion. Service requests may also be sent to Service Provider based on the location and category of the User’s service request.
- ii.RefixNow sets a limit on the number of Service Providers that are promoted to a User. We do not guarantee that We will provide a specific number of service requests to the SP. Furthermore, We do no guarantee or make any claim regarding the interest level of Users and their intention / desire to have work completed. RefixNow does not make any claim or guarantee regarding the ability to pay the Service Providers, the accuracy of the information provided by the Users, or that the SP will be hired by the Users to perform the requested service. Moreover, We do not make any guarantees about the SP being successful in contacting each User, nor do We have any involvement or responsibility for the contracts that the SP has with the Users. RefixNow does not have any involvement or responsibility for the creditworthiness of the Users, any payments, or any dispute /disagreement the SP may have with the Users or the Users may have with the SP. Please be aware that this is not an exclusive contract and therefore RefixNow is free to contract with other Service Providers.
- iii.RefixNow gives Users the ability to rate and post reviews about their experience(s) working with the SP through the ratings and reviews function of the website. The Service Providers are also able to request and collect ratings and reviews from any of the Users the SP has worked with; it is upon the sole discretion of RefixNow that these reviews and rating may or may not be displayed on the Service Provider’s company profile.
The Service Provider agrees to all the Terms and conditions outlined in the Terms of Service on behalf of the SP, the SP’s company (including its affiliates, subsidiaries and predecessors), the SP’s employees and any / all individuals working for / on behalf of the Service Provider, at the time the Service Provider becomes a Member, and subsequently, while these Terms remain in effect, as follows:
- i.The Service Provider has the qualification and capability required for performing the tasks, services and trades the SP has indicated on the RefixNow’s Business Profile, and thereafter any amendments / changes the SP makes to his Business Profile.
ii.The Service Provider is, and at all times will be fully licensed / certified according to applicable industry standards, and under all applicable laws and trade regulations, and if asked, the Service Provider will produce documents to verify their license /certification. In case the SP or the SP’s company are operating under a restricted license (that is a license with special restrictions), then the Service Provider agrees to always work within the bounds specified by such restrictions.
Additionally, the Service Provider is, and at all times will be fully bonded and insured according to applicable industry standards, and under all applicable laws and trade regulations, and if asked, the Service Provider will produce documents to verify their insurance and bonding. The Service Provider also confirms that the SP has not been denied any sort of insurance coverage related to the SP’s provision of services. The Service Provider also agrees to immediately inform RefixNow of any changes to the SP’s license, insurance status and bonding.
iii.The Service Provider agrees and acknowledges that the SP and the SP’s company, any predecessor, partners, members or
major shareholders of the SP’s company are free form the following:
• Any bankruptcies or civil legal judgments within the last three years.
• Any criminal convictions. Otherwise, the SP is to provide RefixNow with an objective written statement regarding any exceptions.
The Service Provider agrees and acknowledges that during the Service Provider’s Membership period, should the SP, the SP’s company, any predecessor, partners, members or major shareholders of the SP’s company file for bankruptcy, or be involved in bankruptcy proceedings, or have civil legal judgments filed against such party, or has a criminal offence filed against such party, then the SP is responsible for informing RefixNow at once. The Service Provider gives full authority to RefixNow to verify that all of the above acknowledgments are true and accurate at all times while the SP is a User or Member of RefixNow or these Terms remain in effect.
- iv.The Service Provider agrees and acknowledges that the SP has not been sanctioned or penalized by any government authorities regarding the supply or provision of the SP’s services to any of the SP’s customers. The Service Provider also represents that the SP has not had the SP’s membership revoked, taken away or denied to any professional industry association. The Service Provider gives full authority to RefixNow to verify that all of the above acknowledgments are true and accurate at all times while the SP is a User or Member of RefixNow or these Terms remain in effect.
- v.The Service Provider agrees to be responsible for maintaining all hardware equipment (including telephones and computers) required for accessing and using the website and / or services. The Service Provider also agrees to be entirely responsible for all the charges related to the maintenance of the SP’s hardware equipment, and the use of the website and / or services, including the data charges resulting from the use of the website. RefixNow bears no liability regarding any damage to the Service Provider’s, Member’s, User’s equipment.
- vi.The Service Provider agrees that RefixNow has the right to disclose any information we deem necessary regarding the SP or the SP’s company in order to satisfy any law, regulation, and / or request for information by the government regarding any services, trade or work the SP has done for the Users.
- vii.The Service Provider understands and agrees to the fact that the SP is fully responsible for any and / all interactions between the Users and the SP, and that RefixNow has the right, but is not obliged to monitor discords / disputes between the SP and Users. Furthermore, RefixNow has the right to charge the Service Provider for any amount that has been paid to a User pursuant to a discord / dispute between the SP and the User based on the SP’s performance of services, or the SP’s failure to perform and / or deliver services to the Users, and the SP agrees to reimburse RefixNow for any such payments.
- viii.The Service Provider agrees to take the sole responsibility for enforcing any right the SP has. RefixNow has no responsibility in enforcing any rights as outlined in a contract between the SP and the User.
- ix.The Service Provider agrees to be responsible for keeping confidentiality of any and all passwords used for accessing and using the website. The SP is also solely responsible for any and / or all activities associated with the use of the SP’s password and the SP’s Business Profile.
- x.If any quotes are provided to the User by the Service Provider through the RefixNow website, then the provision of these quotes is solely for informational purpose and should not be seen as a valid contract. Furthermore, no contract between the User and the SP can take place on / or through the website. Should a User select and / or make an appointment with the Service Provider through the website in response to a quote the SP has provided, then this selection and / or appointment should only be seen as a sign of the User’s interest in contacting you or being contacted by you.
- xi.The Service Provider agrees to comply with the Membership requirements outlined in these Terms, as specified from time to time. In case RefixNow changes / amends these requirements, the SP will be advised and provided enough time and opportunity (as designated by RefixNow) to be able to comply to these changes / amendments.
- xii.The Service Provider agrees to the fact that RefixNow has, without any obligation, the right to monitor the content on the website, and determine whether the content is in abidance with the Terms of Service and any other operating rule RefixNow establishes. If the SP provides us with written, verbal, telecommunication, audio, video recordings, comments, or testimonials about service(s) or products, then the SP agrees that RefixNow will have the sole ownership of any and / or all intellectual property rights in such written, verbal, telecommunication, audio, video recordings, comments, or testimonials. Furthermore, the SP agrees that RefixNow is entitled to post or publish the SP’s comments, or portion of the comments at our sole discretion on the RefixNow website or on other marketing materials, and that we may also post or publish the SP’s name or the SP’s company name on our website and other marketing material without the SP being entitled to any remunerations or payments associated with our use of the foregoing.
- xiii.The Service Provider agrees to give full authority to RefixNow for using the SP’s name, the SP’s company name, the SP’s business name and the SP’s franchise name as applicable. Moreover, The Service Provider agrees to give full authority to RefixNow for using any logos, trade names, trademarks service marks and content including photographs, video recordings and audio recordings, in the format the SP provides us or uploads on the RefixNow website. RefixNow is fully authorized to use and post such material (i.e., the SP’s name, the SP’s company name, the SP’s business name and the SP’s franchise name, as well as the logos, trade names, trademarks service marks and content including photographs, video recordings and audio recordings in the format the SP provides us or uploads on the RefixNow website) on our website, and for use in marketing / advertising materials to be promoted to the users through online postings or emails, or to promote the SP or the SP’s services, and that the Service Provider is not entitled to any remunerations or payments associated with our use of the foregoing.
- xiv.The Service Provider acknowledges that the SP holds the rights to display any logos, trade names, trademarks service marks and content including photographs, video recordings and audio recordings, in the format the SP uploads on the RefixNow website, and that the uploading, display or use of such content by the SP or RefixNow, as outlines in these Terms of Service, does not amount to copyright infringement or violation of any third party’s intellectual property rights. Should there be any restrictions or limitations regarding the use or display of any logos, trade names, trademarks service marks and content including photographs, video recordings and audio recordings, then it is the responsibility of the Service Provider to inform us, in writing, about any limitations or restrictions of use or display.
- xv.The Service Provider agrees that RefixNow holds the right, in its sole discretion, to review, reject or remove any content or portion of the content, the SP uploads or display on our website or the SP’s Business Profile.
- xvi.The Service Provider acknowledges that the SP has the required permission to use, or authorize the use of the SP’s content as defined in these Terms. Furthermore, the SP agrees to be responsible for the content, and once the content is published on the website, the SP must contact RefixNow directly in order to have the content removed. The Service Provider also agrees to be responsible for any risk that is associated with the SP’s content, as well as another User’s reliance on the accuracy or reliability of the content, and any information (pertaining to the SP) that can help in the identification of the SP.
- xvii.The Service Provider understands and agrees that the SP will be held liable if the SP’s content is false, intentionally deceptive, malicious or defamatory. Furthermore, the Service Provider understands and acknowledges that the SP will be held liable if the SP violates any third party rights including any trademark, copyrights, patents, trade rights, moral rights, trade secrets, privacy right, publicity right, intellectual property or proprietary rights, and if the content contains unlawful or illegal material including illegal hate speech or pornography. The Service Provider understands and agrees that the SP will be held liable if the SP’s content exploits or harms minors, violates or supports the violation of any law or regulation. RefixNow has the right to remove, delete, filter, screen, edit or reinstate any content from time to time, at the discretion of RefixNow, and without having to notify the Service Provider.
- xviii.The Service Provider acknowledges that the SP alone owns the SP’s content, and we own RefixNow’s content. Our content includes graphical and visual user interfaces, compilation, products, interactive and design features, User ratings and reviews, computer codes and software, as well as any and all multimedia elements and / or components on the RefixNow website. Our content does not include the Service Provider’s content, the User(s) content and any content belonging to a third party, that is displayed on our website.
- xix.RefixNow owns the copyrights, trademarks, tradenames, service marks and other proprietary and intellectual rights associated with RefixNow content and the website across the world, which are thereto protected under copyright, patent, trademark and trade dress laws, including any and all proprietary and intellectual rights that are applicable. Furthermore, the Service Provider may not reproduce any of our content, as well as modify, create derivative works or adaptation of our content. The SP may not distribute, display publicly, and / or exploit in any way any of the RefixNow content, in whole or in part, except as clearly and expressly authorized by RefixNow and its affiliates. RefixNow does not grant the SP any explicit or implied rights, licenses or authorizations, and any and all rights in and to the website and the RefixNow content are our property, except as explicitly outlined in these Terms.
- xx.RefixNow holds the right to use the Service Provider’s content in many different ways, which includes publicly displaying it, reformatting it, incorporating it into advertisements, and allow others to do the same on their own websites or media platforms. The Service Provider also irrevocably grants RefixNow royalty-free, perpetual, irrevocable, indefinite, non-exclusive rights and license rights to use the SP’s content for any purpose. Furthermore, the Service Provider acknowledges and warrants to RefixNow that the SP has the necessary permission, rights, licenses and authorization to grant such rights and license, and thereby irrevocably granting permission to the Users of this website, or any third party, to access the SP’s Content in connection with the User’s (or third party’s) use of this website. The term “use” means use, publicly display, distribute, copy, modify, translate or create derivatives of the SP’s Content.
- xxi.The Service Provider’s irrevocably yields against RefixNow or its Users, any claims or assertions of moral rights or ascription in connection with the SP’s content.
- xxii.The Service Provider agrees that all the Content on the RefixNow website including but not limited to company profiles, User ratings and User reviews of all Service Providers and Members is the sole property of RefixNow. However, any logos, trademarked materials, or other intellectual property provided by the SP is the sole property of the Service Provider.
- xxiii.The Service Provider agrees and acknowledges that the SP does not have the right to reproduce, publish, post or use any ratings or reviews by the Users, even if these reviews and ratings are related to the SP’s business, or any Content published or posted on the RefixNow website. The above does not include any Content that is provided directly by the Service Provider.
- xxiv.The Service Provider agrees and acknowledges that any and all information provided by the SP to RefixNow, including any and all information the Service Provider mentions on the SP’s business Profile, is true and accurate. Moreover, the SP agrees to update and maintain such information to keep it accurate, and acknowledges that violating any of the above can lead substantial damages for which the SP will be entirely liable to RefixNow. The SP will also reimburse RefixNow in case of any third-party claims against RefixNow, based on or arising from the SP’s failure to provide true and accurate information.
- xxv.If the Service Provider provides inaccurate data, or RefixNow has reasons to believe that the data provided by the SP is inaccurate, RefixNow may suspend or terminate the SP’s use of the website and / or Membership, and / or may not allow the SP’s current and / or future use of the website and / or Membership.
- xxvi.The Service Provider understands and agrees that the individual whose email address is used to create a RefixNow account at the time of registration has the authority to bind the SP to these Terms.
- xxvii.The Service Provider agrees and acknowledges that RefixNow has the right, at its sole discretion, to contact RefixNow Users to gain feedback and reviews about the SP’s services, and to display these ratings and reviews on the RefixNow website. Furthermore, the Service Provider also acknowledges and agrees that We may choose the Users whom we contact at our sole discretion, and we are not liable or responsible to the SP for any comments, communications or feedback of any kind from the Users that we choose to post on our website.
- xxviii.The Service Provider agrees and acknowledges that RefixNow may publicly display advertisements and other information besides or included within the SP’s Content or material, and the SP is not entitled to any compensations or remunerations for any such advertisements. Furthermore, RefixNow has the authority to change the manner, mode and extent of any such advertisements without any prior notice to the SP. These advertisements may be changed or tailored according to the Content of the website, and the manner, mode and extent of any such advertisements may be changed without any prior notice to the SP.
- xxviii.The Service Provider agrees to not get involved in any illegal or wrongful acts, and any dishonest or unethical business with RefixNow, any User or other third party, including, but not limited to, the disclosure of a User’s personal information to any third party. The SP will at all time comply with federal, provincial, local and any other laws and regulation that apply to the SP’s work or activities.
- xxix.The Service Provider agrees and acknowledges that knowingly sharing, transferring, distributing and selling a RefixNow lead (or any information contained therein), other than as explicitly outlined in these Terms, is a very serious breach of contract and fraudulent matter that may result in the violation and / or invasion of privacy rights of others, significant costs and damages to others, RefixNow and other Service Providers partners. RefixNow may loose considerable time and effort in responding to such violations and breeches, and there may also be regulatory fines and penalties imposed on the SP’s found to have committed such violations and breeches. Furthermore, there may be also regulatory fines and penalties imposed for contacting Users and Businesses in a manner that is not in accordance with applicable laws and regulations which include, but are not limited to, Federal anti-spams laws and regulations, federal and provincial do-no-call laws and regulations. Moreover, if the Service Provider deliberately shares, transfers, distributes or sells and lead (or any information contained in the lead) or service request, other than as explicitly outlined in these Terms, the SP agrees to fully compensate and be liable to RefixNow, as outlined below, for all the damages, whether direct or indirect, disciplinary and / or consequential, and any regulatory or judicial fines and / or penalties that may ensue as a result of such activities.
- xxx.The Service Provider agrees to allow on authorized employees of the SP’s company, or independent contractors working directly on behalf of the SP’s company and / or business to contact or provide services to Users the SP learned via a lead or RefixNow website. Furthermore, the Service Provider is responsible and liable for all the acts and omissions of such subcontractors, as well as ensuring that such subcontractors abide by the provisions of these Terms.
- xxxi.The Service Provider agrees not to trade, gift, assign, sell or transfer and leads given by RefixNow to any other RefixNow Service Provider or any other party.
- xxxii.Should the Service Provider participate in any RefixNow promotion in which we promote an offer or discount related to the SP’s services, on our website, or otherwise, then the SP agrees to abide by the terms and conditions of such offer. or discount.
- xxxiii.By becoming a RefixNow Service Provider or Member, or by using the RefixNow website or services, and / or by inquiring about RefixNow Membership, services or products, the SP explicitly agrees to be contacted by us and by our representatives via phone, mail or email, or by any other reasonable means, at any of the SP’s contact numbers or addresses, even if the SP has chosen not to receive any marketing emails by RefixNow, so that RefixNow may carry out or provide the services outlined on our website, to service and to address matters related to the SP’s profile or account, or for any other purpose related to our business. The Service Provider also agrees to sign up for the email method of lead notification, and acknowledges that if the SP fails to do so, then RefixNow does not bear any responsibility for any delayed or undelivered lead.
- xxxiv.The Service Provider may also subscribe to RefixNow emails and email newsletter. The SP may also subscribe to emails from third parties available on the RefixNow platform. The SP can choose not to receive any non-essential communication from us at any time.
RefixNow reserves the right to decide, in accordance with the Terms, which data, content or information is posted or removed
from the website. In connection with the Service Provider’s use of RefixNow website, the SP agrees not to:
- i.Use the RefixNow website to bully or harass RefixNow Users, Members, or any other Service Providers / Service Professionals.
- ii.Upload illegal material, modify the website content, send spams or hack into the User’s account.
- iii.Help, enable or motivate others to breach or violate the Terms of Service.
- iv.Impersonate any person or entity, including, but not limited to, RefixNow representatives.
- v.Breach or plagiarize the intellectual property rights of a third party, including, but not limited to, breach of copyright, trademark, trade secret, patent, confidence, moral right, publicity right, privacy right, personality right, or any other right associated with intellectual property or proprietary right.
- vi.Collect, receive, distribute or transfer any personal information of any User of the RefixNow website without the explicit approval / authorization of the said User.
- vii.Take part in the spamming of reviews and / or profile text, or try to manipulate / influence any search results on the website, write any fake or defamatory content or reviews with respect to other Service Providers, Users or Members.
viii.Upload, post or propagate any content that:
- Violates a third-party intellectual property rights such as trademark, trade secret, copyright, moral rights, or any other right.
- Results in the violation of any law or regulation.
- Results in the wrongful use / exploitation of the RefixNow website through activities including, but not limited to, promotion of illegal, fraudulent or inappropriate activities.
- Encourages or promotes discrimination, racism, violence or hatred against any person or group of persons.
- Threatens minors in any way.
- Promotes or propagates obscenity, pornography and/ or inappropriate and objectionable content.
- ix.Modify, adapt, reproduce, distribute, translate, publicly display, sell, trade or exploit the website in any possible way, unless as specified otherwise on the RefixNow website.
- x.Remove or modify any watermarks, copyrights, trademark or any other proprietary rights that appear on an image, banner, frame, content or portion of the RefixNow website.
- xi.Deliver or try to deliver any unsolicited advertisement, any emails, spams or chain emails / letters.
- xii.Use the website to transfer to any Member or User any computer virus, worms, trojan horses or any other item of destructive and harmful nature.
- xiii.Intimidate, bully harass, threaten and/ or initiate a legal action against any RefixNow Member or User.
- xiv.Use the website in a manner that is unlawful or prohibited by the Terms.
- xv.Attempt to gain unauthorized access to RefixNow services and accounts / profiles, computer systems or networks through hacking, password mining or any other means.