Please read all the terms and conditions of this agreement with Plow Your Neighbour Inc. (“PYN”) carefully. By clicking “I agree”, by using the PYN service, or by signing a document that refers to these terms you agree to be bound by the terms and conditions of this agreement, even if you have not read them. It is important to read this entire agreement. In particular, it contains provisions that may limit your rights, such as the section entitled Limitations.
Copyright © 2016 Plow Your Neighbour Inc. All rights reserved. The contents of the PYN website and applications (collectively the “Service(s)”) are owned by and copyrighted by PYN and may contain trademarks of PYN and others. You may print, copy or save portions for your own use only - provided that all copyright and trademark provisions remain intact.
Unauthorized use of any portion beyond that contained in the previous paragraph may violate copyright, trademark and other laws.
While PYN uses reasonable efforts to maintain the Services in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on the Service, and may make changes thereto at any time in its sole discretion without notice. All information contained herein is provided to users “as is”, “with all faults,” “as available” and at your sole risk.
HOW PYN WORKS
PYN facilitates the provision of various services by service providers (“Vendor(s)”) directly to consumers. PYN takes a portion of the fees Vendors charge their customers as compensation for Vendor use of the Services.
To use the Services, users must create a PYN ID. A consumer desiring services offered by PYN Vendors will complete a service request. PYN will provide sufficient details of that service request to relevant Vendors to allow them to bid on the service. Those bids will be provided to the consumer. If the consumer wants to accept a bid, they may do so, at which time the consumer’s contact information will be provided to that bidder.
When the service is complete, the Vendor will indicate completion on the Service, including providing a photograph confirming completion. The Service will then trigger payment from the customer to PYN. PYN will transfer such funds to Vendors on a 7 day rolling basis, after deducting the PYN service fee.
If a consumer is unsatisfied with a Vendor’s service, they should contact PYN immediately. PYN may withhold or retract payment to a Vendor if it deems it appropriate in its sole discretion based on the consumer’s complaint.
If a Vendor enters into an arrangement outside of the Service with a consumer it obtains though the Service, PYN may at its sole discretion terminate the Vendor’s account.
Both Vendors and consumers are responsible for all activity they conduct while using the Service. You will not use the Services for purposes proscribed by PYN from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the Services. If you are posting information on publicly accessible areas of the Services, keep in mind that anyone can see it.
PYN does not routinely monitor all material placed on the Service, but may in its discretion delete or modify any material offending this agreement that comes to its attention. PYN is not responsible for and does not endorse anything users post on the Service.
PYN acquires no ownership interest in anything you post on the Service. You grant to PYN a license to use and display for the purposes of the Service, and any related uses or promotion, anything you post on publicly accessible areas of the Service at no cost to PYN.
If you believe that anything posted on the Service offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email PYN at the email address at the bottom hereof. We will take actions we believe are appropriate in the circumstances.
LOGON ID’S AND PASSWORDS
Use of the Services requires a logon ID and password. It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep logon ID’s and passwords confidential. You may not use a logon ID that suggests you are someone you are not. You are responsible for any activity that occurs under your logon ID. You will advise PYN immediately if you discover any compromise of your passwords or suspect unauthorized use of the Service using your identity.
PYN has no responsibility of any kind for the services, actions, or inactions of Vendors or consumers other than as explicitly stated in this agreement. All promises made by PYN are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.
You cannot collect any damages from PYN for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the service fee PYN charged the Vendor for the services in question.
PYN is not acting as any kind of guarantor or warranty provider for any services performed by Vendors. PYN relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
This Service is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against PYN shall take place in the courts of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
VENDOR CONTENT AND LINKS
Any Vendor content on this Service and any third party sites that are linked to this Service are not under PYN’s control. PYN is not responsible for any Vendor content on this Service or anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. PYN provides Vendor content and links as a convenience only and such links do not imply any endorsement by PYN of that content or sites.
PYN tries to provide accurate information on this Service, but errors may occur. PYN and the Vendors reserve the right to change their services available through the Services and their prices without any notice or liability. PYN and the Vendors cannot guarantee services advertised on the Service will be available when ordered or thereafter. PYN and Vendors reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.
If you order services for which the price or other important information was incorrectly displayed you will be provide with an opportunity to place an order at the correct price. Nothing on the Service is an offer to sell. A Vendor’s bid to an individual is its offer to provide those services. That offer is accepted only if and when the consumer accepts that bid via the Service.
Consumers will be bound by sale terms provided by Vendors as part of their bid.
CHANGING THESE TERMS OR TERMINATION
PYN may change these terms by posting notice on the Services. These terms were last revised on October 4, 2016.
PYN may terminate use of the Services for any Vendor or consumer that violates this agreement.
PYN and the Vendors are not liable for any failure to perform, omission, or delay in the execution of their obligations hereunder caused by an event beyond its reasonable control or changes in legal regulation. PYN and the Vendors may extend the time for performance by a reasonable time if an extension is feasible in their discretion.
Nothing on this Service is intended to be an offering for sale of PYN securities to the public.
PAYMENT PROCESSING SERVICES
Payment processing services on PYN are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).
By agreeing to these terms or continuing to operate on PYN, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
As a condition of PYN enabling payment processing services through Stripe, you agree to provide PYN accurate and complete information about you and your business,
and you authorize PYN to share it and transaction information related to your use of the payment processing services provided by Stripe.
PYN may be contacted at: