Terms & Conditions

Please read these Terms of Husmates Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Husmates Platform, you agree to comply with and be bound by these Terms.

Please note: These Terms contains an arbitration clause and class action waiver that applies to all Husmates users. It affects how disputes with Husmates are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

These Terms constitute a legally binding agreement ("Agreement") between You (defined below) and Husmates (as defined below) governing your access to and use of the Husmates website, including any subdomains thereof, and any other websites through which Husmates makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Husmates Services"). The Site, Application and Husmates Services together are hereinafter collectively referred to as the “Husmates Platform”. Our terms applicable to your use of the Husmates Platform are incorporated by reference into this Agreement and can be accessed via the Husmates Platform.

When these Terms mention “Husmates,” “we,” “us,” or “our,” it refers to the Husmates Inc., ____________.

Our collection and use of personal information in connection with your access to and use of the Husmates Platform is described in our Privacy Policy.

This Agreement is legally binding between you (“User”, “you” or “your”) and Husmates If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Husmates Platform and Husmates Services. By accessing and using the Husmates Platform and Husmates Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Husmates, even though it is electronic and is not physically signed by you, and it governs your use of the Husmates Platform and Husmates Services.

General

The Husmates Platform is an online platform that enables registered Users to create User profiles (“Profiles”) and to communicate and transact directly with other Users that are seeking to purchase residential homes on a co-ownership basis. Users that are looking for properties to purchase may explore the property listings on the Husmates Platform (“Listings”), book a tour of the property or Users may only use the Husmates Services for themselves.

As the provider of the Husmates Services, Husmates does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any properties or Listings on the Husmates Platform. When Users match with each other and decide to purchase a property on a co-ownership basis, they are entering into a contract directly with each other. Husmates is not and does not become a party to or other participant in any contractual relationship between Users, nor is Husmates a real estate broker or insurer. Husmates is not acting as an agent in any capacity for any User, except as specified in the Payments Terms.

While we may help facilitate the resolution of disputes, Husmates has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Husmates Services, (ii) the truth or accuracy of any Listing descriptions or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Husmates does not endorse any User, Listing or Husmates Services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification, identification process or background check and nothing else. Any such description is not an endorsement, certification or guarantee by Husmates about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to enter or use the Husmates Platform, participate or use any of Husmates Services, accept a request from a User, or communicate and interact with other Users, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Husmates of any Listing.

To promote the Husmates Platform and to increase the exposure of Listings to potential Users, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other User Content may be translated, in whole or in part, into other languages. Husmates cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Husmates Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

Due to the nature of the Internet, Husmates cannot guarantee the continuous and uninterrupted availability and accessibility of the Husmates Platform. Husmates may restrict the availability of the Husmates Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Husmates Platform. Husmates may improve, enhance and modify the Husmates Platform and introduce new Husmates Services from time to time.

Accounts and membership

In order to access and use the Husmates Platform, register a Husmates Account or communicate with other Users you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. If you are registering a Husmates Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. You must be of legal age to form a binding contract to register an account (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must not enter the Husmates Platform.

Husmates may make access to and use of the Husmates Platform, or certain areas or features of the Husmates Platform, subject to certain conditions or requirements, such as setting up a profile and registering an account (“Husmates Account”), completing a verification process and meeting specific quality or eligibility criteria. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports or request that you obtain report from public records of criminal convictions or fraud or an equivalent version of background checks in your local jurisdiction (if available).

You are responsible for maintaining the confidentiality and security of your Husmates Account credentials and may not disclose your credentials to any third party. You must immediately notify Husmates if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Husmates Account. You are liable for any and all activities conducted through your Husmates Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

You must provide accurate, current and complete information during the registration process and keep your Husmates Account and public Husmates Account Profile page information up-to-date at all times. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

If we delete your account for the foregoing reasons, you may not re-register for our Husmates Services. We may block your email address and Internet protocol address to prevent further registration.

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Husmates Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Husmates Service.

Links to other resources

The Husmates Platform may contain links to third-party websites, resources, services or products (“Third-Party Husmates Services”). Such Third-Party Husmates Services may be subject to different terms and conditions and privacy practices. Husmates is not responsible or liable for the availability or accuracy of such Third-Party Husmates Services, or the content, products, or services available from such Third-Party Husmates Services. Links to such Third-Party Husmates Services are not an endorsement by Husmates of such Third-Party Husmates Services.

Although the Husmates Platform and Husmates Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Husmates Platform may be “affiliate links”. This means if you click on the link and purchase an item, the Husmates will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Husmates Platform. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Husmates Platform and Husmates Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Husmates Platform and Husmates Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Husmates Platform and Husmates Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Husmates Platform and Husmates Services for violating any of the prohibited uses.

Content and Intellectual Property

Husmates may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Husmates Platform ("User Content"); and (ii) access and view User Content and any content that Husmates itself makes available on or through the Husmates Platform, including proprietary Husmates content and any content licensed or authorized for use by or through Husmates from a third party ("Husmates Content" and together with User Content, "Collective Content").

The Husmates Platform, Husmates Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Husmates Platform and Husmates Content, including all associated intellectual property rights, are the exclusive property of Husmates and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Husmates Platform, Husmates Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Husmates used on or in connection with the Husmates Platform and Husmates Content are trademarks or registered trademarks of Husmates in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Husmates Platform, Husmates Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Husmates Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Husmates or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, Husmates grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application (if applicable) on your personal device(s); and (ii) access and view any Collective Content made available on or through the Husmates Platform and accessible to you, solely for your personal and non-commercial use.

Any User Content created, uploaded, posted, sent, received, stored, or otherwise made available on or through the Husmates Platform is solely owned by you. You grant to Husmates a limited, non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content, in any media or platform, to provide the Husmates Platform, Husmates Services or as otherwise required by these Terms. Insofar as User Content includes personal information and subject to any security protocols and other measures put in place by Husmates to protect the confidentiality of User Content, such User Content will only be used for these purposes if such use does not knowingly breach any lawyer-client confidentiality and complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Husmates does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

You are solely responsible for all User Content that you make available on or through the Husmates Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Husmates Platform or you have all rights, licenses, consents and releases that are necessary to grant to Husmates the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Husmates's use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity, privacy or confidentiality, or result in the violation of any applicable law or regulation.

You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates these Terms or any other Husmates policies. Husmates may, without prior notice, remove or disable access to any User Content that Husmates finds to be in violation of applicable law, these Terms or Husmates’s then-current Policies, or otherwise may be harmful or objectionable to Husmates, its Users, third parties, or property.

Husmates respects copyright law and expects its Users to do the same. If you believe that any content on the Husmates Platform infringes copyrights you own, please contact us.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Husmates Platform. In connection with your use of the Husmates Platform, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
• use the Husmates Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Husmates endorsement, partnership or otherwise misleads others as to your affiliation with Husmates;
• copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Husmates Platform in any way that is inconsistent with Husmates’ Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• use the Husmates Platform in connection with the distribution of unsolicited commercial messages ("spam");
• unless Husmates explicitly permits otherwise, use the Husmates Platform if you will not actually be using the Husmates Services yourself;
• contact another User for any purpose other than asking a question related to your own booking, Listing, or the User's use of the Husmates Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
• use the Husmates Platform to request, make or accept a booking independent of the Husmates Platform, to circumvent any of Husmates’ fees or for any other reason;
• request, accept or make any payment outside of the Husmates Platform or Husmates. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Husmates harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• engage in any violence, harassment or sexual misconduct against anyone;
• misuse or abuse any Listings as determined by Husmates in its sole discretion.
• use, display, mirror or frame the Husmates Platform or Collective Content, or any individual element within the Husmates Platform, Husmates' name, any Husmates trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Husmates Platform, without Husmates' express written consent;
• dilute, tarnish or otherwise harm the Husmates brand in any way, including through unauthorized use of Collective Content, registering and/or using Husmates or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Husmates domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Husmates Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Husmates or any of Husmates' providers or any other third party to protect the Husmates Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Husmates Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Husmates Platform;
• export, re-export, import, or transfer the Application except as authorized by Canadian law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Husmates has no obligation to monitor the access to or use of the Husmates Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Husmates Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Husmates in good faith, and to provide Husmates with such information and take such actions as may be reasonably requested by Husmates with respect to any investigation undertaken by Husmates or a representative of Husmates regarding the use or abuse of the Husmates Platform.

If you feel that any User or third party using the Husmates Services you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, (iii) engages in physical, sexual or emotional abuse, neglect or a risk of harm to another User or a third party using the Husmates Services, (iv) you suspect of breaking any laws, or (v) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Husmates by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

Term and Termination, Suspension and Other Measures

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Husmates terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time by sending us an email. If you cancel your Husmates Account, your profile may be deleted and all communications with other Users may be removed from the Husmates Platform.

Without limiting our rights specified below, Husmates may terminate this Agreement for convenience at any time by giving you seven (7) days' notice via email to your registered email address.

Husmates may immediately, without notice, terminate this Agreement and/or stop providing access to the Husmates Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Husmates believes in good faith that such action is reasonably necessary to protect the personal safety or property of Husmates, its Users, or third parties (for example in the case of fraudulent behavior of a User).

In addition, Husmates may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information or during the Husmates Account registration or thereafter, (iv) you and/or your Profile at any time fail to meet any applicable quality or eligibility criteria, (v) Husmates becomes aware of or has received complaints about your performance or conduct, (vi) for any amounts you owe under the Payment Terms that are overdue or in default, or (viii) Husmates believes in good faith that such action is reasonably necessary to protect the personal safety or property of Husmates, its Users, or third parties, or to prevent fraud or other illegal activity:

• refuse to post, delete or delay your Profile or other User Content;
• cancel any connections you have with others;
• limit your access to or use of the Husmates Platform;
• temporarily or permanently revoke any special status associated with your Husmates Account;
• temporarily or in case of severe or repeated offenses permanently suspend your Husmates Account and stop providing access to the Husmates Platform.

In case of non-material breaches and where appropriate, you may be given notice of any intended measure by Husmates and an opportunity to resolve the issue to Husmates' reasonable satisfaction.

When this Agreement has been terminated, you are not entitled to a restoration of your Husmates Account or any of your User Content. If your access to or use of the Husmates Platform has been limited or your Husmates Account has been suspended or this Agreement has been terminated by us, you may not register a new Husmates Account or access and use the Husmates Platform through an Husmates Account of another User.

If you cancel your Husmates Account or Husmates takes any of the measures described above, you will not be entitled to any compensation. If your access to or use of the Payment Husmates Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Husmates account or attempt to access and use the Payment Husmates Services through an Husmates account of another User.

Disclaimer

If you choose to use the Husmates Platform or Collective Content, you do so voluntarily and at your sole risk. The Husmates Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Husmates Services, laws, rules, or regulations that may be applicable to your use of the Husmates Platform and Husmates Services you are receiving and that you are not relying upon any statement of law or fact made by Husmates, under any Listings or by another User or their Profile.

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

You agree that some Husmates Services may carry inherent risk and by participating in such services you choose to assume those risks voluntarily. For example, some Husmates Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Husmates Services. You assume full responsibility for the choices you make before, during and after your participation in a Husmates Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Husmates Platform and Collective Content, publishing your Profile details via the Husmates Platform, use or participation in any Husmates Services, participation in any payment services, or any other interaction you have with other Users whether in person or online remains with you. Neither Husmates nor any other party involved in creating, producing, or delivering the Husmates Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Husmates Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Husmates Platform, or (iv) from your publishing of any details on your Profile or chat communications with other Users, including the provision or use of Husmates Services by you, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Husmates has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Users pursuant to these Terms, in no event will Husmates’ aggregate liability arising out of or in connection with these Terms and your use of the Husmates Platform including, but not limited to, from your publishing or booking of any Listings via the Husmates Platform, or from the use of or inability to use the Husmates Platform or Collective Content and in connection with any Husmates Services, payment services, or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Husmates Platform as a User in the twelve (12) month period prior to the event giving rise to the liability or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Husmates and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect Husmates’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Husmates’ option), indemnify, and hold Husmates and its affiliates and subsidiaries, including but not limited to, Husmates’ officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Husmates Platform or any Husmates Services, (iii) your interaction with any User, participation in any Husmates Services, participation in payment services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use or participation, or (iv) your breach of any laws, regulations or third party rights.

Dispute Resolution and Arbitration

Overview of Dispute Resolution Process. Husmates is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals that bring any claim against Husmates: (1) an informal negotiation directly with Husmates, and (2) a binding arbitration administered by The ADR Institute of Canada, Inc. (“ADRIC”) using its Arbitration Rules (as modified by this Section).  

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Husmates each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Husmates by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed in accordance with the Arbitration Rules (available at www.adric.ca/rules-codes/).

Agreement to Arbitrate. You and Husmates mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, the Payment Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Husmates Platform, the Husmates Services, the Pod Payment Husmates Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Husmates agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and Husmates each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Modification to ADRIC Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Husmates agrees that any required arbitration hearing may be conducted, at your option, (a) in Toronto, Ontario; (b) in any other location to which you and Husmates both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc..

Modification of ADRIC Arbitration Rules - Legal Fees and Costs. You and Husmates agree that Husmates will be responsible for payment of the balance of any initial filing fee under the AIDRIC Arbitration Rules in excess of $200 for claims of $50,000 or less. You may be entitled to seek an award of legal fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the Arbitration Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Husmates agrees it will not seek, and hereby waives all rights it may have under applicable law or the Arbitration Rules, to recover legal fees and expenses if it prevails in arbitration.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver. You and Husmates acknowledge and agree that all arbitrable Disputes that may arise is likely to involve complicated and difficult issues and, therefore, we are each irrevocably and unconditionally waiving any right to a trial by jury as to all arbitrable Disputes. You acknowledge that you (a) have considered and understood the implications of this waiver, (b) have made this waiver knowingly and voluntarily, and (c) have been induced to enter into these Terms by, among other things, the mutual waivers and acknowledgements in this Section.

No class Actions or Representative Proceedings. You and Husmates acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Disputes. Further, unless you and Husmates both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, that waivers may be severed from this Arbitration Agreement and you and Husmates agree that any representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability. Except as provided in the No class Actions or Representative Proceedings section above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes. Notwithstanding any modifications to these Terms, if Husmates changes this Dispute Resolution and Arbitration section of the Terms (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Husmates (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Husmates.

Survival . Except as provided in the Changes section above and subject to the survival of any other sections, this Dispute Resolution and Arbitration section will survive any termination of these Terms and will continue to apply even if you stop using the Husmates Platform or terminate your Husmates Account.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Changes and amendments

Husmates reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Husmates Platform. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Husmates Platform after the date on which the Terms have changed, Husmates will treat your access to or use of the Husmates Platform as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to or use of the Husmates Platform will constitute acceptance of the revised Terms.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Husmates Platform and Husmates Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Husmates Platform and Husmates Services.

General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Husmates and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Husmates and you in relation to the access to and use of the Husmates Platform.

No joint venture, partnership, employment, or agency relationship exists between you and Husmates as a result of this Agreement or your use of the Husmates Platform.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Husmates’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Husmates' prior written consent. Husmates may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Husmates via email, Husmates Platform notification, or messaging service (including SMS).

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

info@husmates.com 

This document was last updated on May 26, 2022