TERMS OF USE AND POLICIES

NEARBYPROS
TERMS OF USE AND POLICIES

Effective Date: 8/14/2024

Prepared By:
Lacanale Investments Corporation

Contact Information:
Address: Toronto, Ontario
Email: [email protected]
Phone: 437-777-1200

Version: 1.1
Last Updated: 8/14/2024

Confidentiality Notice:
This document contains confidential and proprietary information of Lacanale Investments Corporation. Unauthorized use, disclosure, or reproduction is strictly prohibited.

Disclaimer:
The information contained in this document is subject to change without notice and should not be construed as a commitment by Lacanale Investments Corporation. The company assumes no responsibility or liability for any errors or inaccuracies that may appear in this document.

Legal Notice:
This document outlines the terms and conditions for the use of the NEARBYPROS platform. By accessing or using the platform, you agree to be bound by the terms set forth herein.

TABLE OF CONTENTS

Introduction
- 1.1 Nature of Platform
- 1.2 Acceptance of Terms
Account Registration and Application
- 2.1 Eligibility
- 2.2 Application Process
  - Providers
- 2.3 Account Security
- 2.4 Account Suspension and Termination
Membership Fees
- 3.1 Payment Requirements
- 3.2 Late or Unsuccessful Payments
- 3.3 No Refunds
- 3.4 Fee Changes
Use of the Platform
- 4.1 Prohibited Uses
- 4.2 Content Ownership and Responsibility
- 4.3 Content Moderation
- 4.4 Third-Party Services
Provider Accountability and Penalties
- 5.1 General Conduct
- 5.2 Late Arrivals and Cancellations
- 5.3 Unprofessionalism and Damages
- 5.4 Failure to Complete Services
- 5.5 Inaccurate or Misleading Information
- 5.6 Fraudulent Activities
- 5.7 Appeals
- 5.8 User Reviews
- 5.9 Background Checks
- 5.10 Insurance Requirements
User Guidelines and Penalties
- 6.1 User Conduct
- 6.2 Review and Rating System
- 6.3 Payment and Transaction Conduct
- 6.4 Prohibited Activities
- 6.5 Reporting Violations
- 6.6 Penalties for Misconduct
- 6.7 Appeals
Limitation of Liability
- 7.1 No Liability for Services
- 7.2 Advisory to Users
- 7.3 No Liability for Damages
- 7.4 Third-Party Links
- 7.5 Force Majeure
Indemnification
Termination
Governing Law
Miscellaneous
- 11.1 Entire Agreement
- 11.2 Severability
- 11.3 Waiver
- 11.4 Assignability
Contact Information

Terms of Use and Policies

Effective Date: 8/14/2024

Welcome to NearbyPros, operated by Lacanale Investments Corporation (“Company”). By accessing or using our platform (“Platform”), you agree to comply with and be bound by these Terms of Use and Policies (“Terms”). Please read them carefully. If you do not agree to these Terms, you should not use our Platform.

1. Introduction

1.1 Nature of Platform:
Our Platform connects service providers (“Providers”) with the general public (“Users”). The Company solely facilitates these connections and does not endorse, recommend, or guarantee any services provided by Providers.

1.2 Acceptance of Terms:
By using the Platform, you agree to these Terms. The Company may modify these Terms at any time, with changes effective immediately upon posting. It is your responsibility to review these Terms periodically.

2. Account Registration and Application

2.1 Eligibility:
To use the Platform, you must be at least 18 years old and capable of entering into legally binding contracts.

2.2 Application Process:

Providers: Must complete their registration application to the best of their ability, ensuring all information is accurate and truthful.
The Company will review each application and reserves the right to approve or decline it at its sole discretion. Access to the Platform is contingent upon approval.

2.3 Account Security:
Providers are responsible for maintaining the confidentiality of their account information and password. Any unauthorized use of your account must be reported to the Company immediately. The Company is not liable for any loss or damage arising from your failure to secure your account.

2.4 Account Suspension and Termination:
The Company reserves the right to suspend or terminate any account that is found to violate these Terms or if fraudulent activity is suspected. Providers whose accounts are terminated will be prohibited from re-registering under a different name or alias.

3. Membership Fees

3.1 Payment Requirements:
All membership fees must be paid in full every month. Providers are responsible for ensuring timely and successful payments.

3.2 Late or Unsuccessful Payments:

Late payments or unsuccessful payment attempts may result in the suspension of the Provider’s account.
If payment issues are not resolved within 5 days, the Company reserves the right to terminate the account.

3.3 No Refunds:
All membership fees are non-refundable, except where required by law. Providers are encouraged to review their membership status regularly to avoid unwanted charges.

3.4 Fee Changes:
The Company reserves the right to change the membership fees at any time, with prior notice to the Providers. Continued use of the Platform after a fee change constitutes acceptance of the new fees.

4. Use of the Platform

4.1 Prohibited Uses:
Providers agree not to use the Platform for any unlawful purpose or in violation of these Terms, including but not limited to:

Impersonating another person or entity.
Posting false, misleading, or inaccurate information.
Engaging in harassment, threats, or defamatory actions.
Engaging in any activity that could interfere with, disrupt, or negatively affect the Platform’s functioning or security.
Attempting to access another user’s account without permission.

4.2 Content Ownership and Responsibility:
Providers are solely responsible for the content they post on the Platform, including profiles, reviews, and communications. By posting content, Providers grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such content on the Platform.

4.3 Content Moderation:
The Company reserves the right, but has no obligation, to monitor and remove any content that violates these Terms, is reported by other Users or Providers, or is deemed inappropriate at the Company’s sole discretion.

4.4 Third-Party Services:
Providers are prohibited from using the Platform to promote or engage in the sale of third-party services that are not offered through NearbyPros without prior written consent from the Company.

5. Provider Accountability and Penalties

5.1 General Conduct:
Providers are expected to maintain professionalism, reliability, and a high standard of service at all times.

5.2 Late Arrivals and Cancellations:

Providers will receive warnings for the first two complaints related to late arrivals or last-minute cancellations.
Upon a third complaint, the Provider’s account will be suspended for 7 days.

5.3 Unprofessionalism and Damages:

Providers receiving complaints related to unprofessional conduct or damages will face a 10-day account suspension pending investigation.
Multiple complaints (five or more) may result in permanent account termination.

5.4 Failure to Complete Services:

Providers who fail to complete accepted jobs without a valid reason will face a 14-day account suspension.
Repeated failures (five or more) may result in permanent termination.

5.5 Inaccurate or Misleading Information:

Providers posting inaccurate or misleading information will face a 10-day suspension.
Repeated offenses may lead to permanent banning from the Platform.

5.6 Fraudulent Activities:

Providers engaging in fraudulent activities, such as accepting payments without providing services, will have their accounts permanently terminated and may be reported to legal authorities.

5.7 Appeals:

Providers can appeal suspensions or terminations within 10 days of the penalty by contacting the Company. The Company’s decision on the appeal will be final.

5.8 User Reviews:

Users’ reviews are subject to inspection if reported by a service provider. If a review is found to be defamatory, misleading, or posted with bad intent, it will be removed from the service provider’s review section.

5.9 Background Checks:

The Company may conduct background checks on Providers as part of the application process or at any time during their use of the Platform. Providers who fail to pass the background check may have their accounts suspended or terminated.

5.10 Insurance:

NEARBYPROS strongly recommends that PROVIDERS maintain adequate insurance coverage for any services they offer through the Platform. The Company may, at its discretion, request proof of such insurance at any time. Failure to provide proof of insurance may result in suspending or terminating the PROVIDER’s account.

6. User Responsibilities

6.1 General Conduct:
Users are expected to act in good faith and be transparent when leaving reviews for service providers. Users should also conduct proper research when selecting a service provider.

6.2 Payment:
NearbyPros advises Users not to make payments before meeting with the service provider in person. Users should respect the service provider and commit to payment after the job is done.

6.3 No Involvement in Disputes:
NearbyPros does not get involved in disputes between Users and Providers regarding job performance. Users are encouraged to ensure they have their insurance in place for any potential damages or issues.

6.4 Accurate Information:
Users are responsible for providing accurate and truthful information when using the Platform. False information may result in account suspension or termination.

6.5 Prohibited Uses:
Users agree not to engage in any activity that could harm the Platform, including but not limited to:

Misrepresenting facts or creating fake accounts.
Attempting to circumvent Platform processes or fees.
Engaging in any illegal activities through the Platform.

6.6 Penalties for Violations:
Although the Platform is free for Users, the following penalties may apply if Users violate these Terms:

Warnings: For minor violations, Users may receive a warning.
Temporary Suspension: Accounts may be temporarily suspended for repeated or significant violations.
Permanent Termination: Accounts may be permanently terminated for severe or repeated violations.
Legal Action: The Company reserves the right to pursue legal action against Users for any illegal activities or actions that cause harm to the Company or other Users.

6.7 Appeals:
Users can appeal any penalties within 5 days of the action by contacting the Company. The Company’s decision on the appeal will be final.

7. Limitation of Liability

7.1 No Liability for Services:
The Company is not liable for any damages, losses, or injuries arising out of or related to the services provided by Providers, including breach of contract, negligence, or misconduct.

7.2 Advisory to Users:

The Company advises Users that it is not responsible for any damages, wrongdoing, missed payments, or any other unfavourable events that may occur between a User and a Provider. All transactions are strictly between the User and the Provider.
However, the Company will take appropriate actions to hold Providers accountable for their actions based on verified complaints and investigations.

7.3 No Liability for Damages:
To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, even if the Company has been advised of the possibility of such damages.

7.4 Third-Party Links:
The Platform may contain links to third-party websites or services that are not owned or controlled by the Company. The Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

7.5 Force Majeure:
The Company is not liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, pandemics, or internet outages.

8. Indemnification

Providers and Users agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to their use of the Platform, violation of these Terms, or infringement of any intellectual property or other rights.

9. Termination

The Company reserves the right to suspend or terminate a Provider’s or User’s account and access to the Platform at its sole discretion, without notice, for any reason, including but not limited to violations of these Terms.

10. Governing Law

These Terms shall be governed by and construed by the laws of [Insert Jurisdiction], without regard to its conflict of law principles. Providers and Users agree to submit to the exclusive jurisdiction of the courts located in [Insert Jurisdiction] for the resolution of any disputes arising out of or related to these Terms or use of the Platform.

11. Miscellaneous

11.1 Entire Agreement:
These Terms constitute the entire agreement between the Provider/User and the Company regarding the use of the Platform and supersede any prior agreements.

11.2 Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 Waiver:
The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4 Assignability:
Providers and Users may not assign or transfer their rights or obligations under these Terms without prior written consent from the Company.

12. Contact Information

If you have any questions or concerns about these Terms, please contact us at: