Terms of Service
Agreement and Acceptance
Users access individual password-protected Handzap Platform accounts (“Accounts”) that allow Users to post about services that they are seeking or that they are willing to provide, negotiate service transactions with other Users, among other features. Accounts are associated with Users’ telephone numbers. The owner of a telephone number may access the Account associated with that telephone number by providing the telephone number to effect a password change or to recall the password for that Account.
No User Vetting
Handzap may or may not (and is under no obligation to) conduct background checks. Handzap is not responsible for verifying the identity, credit worthiness, qualifications, or other background information of its Users. Handzap may conduct background checks at its discretion, including as required in compliance with government laws. Users give their consent to Handzap to conduct background checks. Users shall exercise caution and common sense to protect their personal safety and property. HANDZAP IS NOT RESPONSIBLE FOR THE CONDUCT OF ITS USERS. HANDZAP DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS.Handzap does not vet content posted by Users, including reviews and feedback provided by Users. Users shall not hold Handzap responsible for any content that other Users post or communicate. Users release Handzap and its affiliates or licensors from any liability related to Users’ conduct or any claim, injury, or damage arising in connection with the use of Handzap Platform. Users release Handzap and its affiliates (and their respective officers, directory, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of use Handzap Platform.
Agreements between Posters and Taskers
Handzap is not a party to any agreements between Posters and Taskers. Handzap shall not pay a Tasker for a Poster’s failure to pay for a Task. Handzap shall not pay a Poster for a Tasker’s failure to complete a Task. Users may enter into agreements using Handzap Platform features, including a chat feature, where Users can communicate with other Users, Handzap is not responsible for enforcing any such agreements.Taskers shall not subcontract the performance or a Task nor employ other individuals to assist them in performing a Task.Taskers are independent contractors, not employees of Handzap. Handzap does not complete Tasks or intend to complete Tasks. Handzap does not employ individuals to complete Tasks or contract with individuals to complete Tasks. Handzap does not supervise, perform, direct, control, or monitor Tasks.Agreements between Taskers and Posters shall not, under any circumstance, create employment or other service relationships between Handzap and Users. Users do not have authority to enter into agreements on behalf of Handzap.
Advertisements and Links to Other Websites
Handzap Platform may contain links to websites that Handzap does not manage. Advertisements and links do not constitute any endorsement by Handzap of the content or safety of the advertisement or the linked website. Advertisements and links are provided for Users’ convenience and information. Users assume any and all risk associated with the use of advertisements and links. Users are responsible for assessing the usefulness of advertisements or links.Users shall not hold Handzap liable for any damages incurred by Users when they access websites that Handzap does not manage using links on Handzap Platform.Users may use other websites, including social media platforms, in conjunction with Handzap Platform. Use of other websites is governed by the terms of service of those websites. Users shall not hold Handzap liable for any damages incurred by Users when they use other websites in conjunction with Handzap Platform.
Intellectual Property Rights
Handzap owns or licenses all original text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs and other content that Users see, hear, or access through Handzap Platform, including original content generated by other Users. Users grant Handzap a non-exclusive, worldwide, freely transferable, perpetual, irrevocable, royalty free, sub-licensable right to exercise all copyright, publicity rights, and another other rights in information that Users provide on Handzap Platform and information that Handzap collects from Users on Handzap Platform.
User Representations and Warranties
Each User represents and warrants that he, she, or it, as applicable:
- is at least of the minimum required age to execute and be bound by contracts in the jurisdiction in which they reside, and is otherwise capable of entering into binding contracts.
- is capable, knowledgeable, experienced, and licensed to undertake any Task that he, she, or it agrees to provide, according to the laws or other rules of the jurisdiction in which he, she, or it reside and in which the Task shall be provided, and that he, she, or it is in no event restricted for any reason from carrying out a Task that he, she, or it agrees to provide.
- has the right, authority, and capacity to enter into the Agreement and to abide by the Agreement, and that he, she, or it shall abide by the Agreement.
- has read, understand, and agree to be bound by the Agreement in order to access and use Handzap Platform.
- undertakes to protect the security of their Account, including by not disclosing his, her, or its password to another person.
- respects the privacy (including, without limitation, private, family, and home life), property, and data protection rights of Users.
Users shall not:
- record (whether video or audio or otherwise) Tasks or any interaction by or with any User and/or Handzap in connection with Handzap Platform without prior written consent of such User and Handzap;
- use another User’s account or misrepresent his, her, or its identity or qualifications;
- use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access Handzap Platform for any purpose without the prior written approval of Handzap; provided, however, that the operators of public search engines may use spiders or robots to copy materials from Handzap Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Handzap reserves the right to revoke these exceptions generally or in specific cases;
- hack or interfere with Handzap Platform, its servers, or any connected networks;
- share his, her, or its personal contact information with other Users except to the extent necessary in order to complete Tasks and provided that they recognize that such information, once conveyed, may be misused;
- infringe any copyrights, trademarks, or proprietary marks and rights owned by Handzap;
- transmit more messages on Handzap Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- defame, abuse, harass, stalk, threaten, or otherwise harm other Users. Users shall not upload content that is offensive or harmful, including content that advocates, endorses, condones or promotes bigotry, hatred, or physical harm against any individual or group;
- engage in activity that is deemed harmful, dangerous, or otherwise inappropriate by Handzap in its sole discretion; or
- use Handzap Platform to engage in fraud or to otherwise violate the law, including anti-spam laws, of the jurisdiction in which they reside and/or in which they transact.
Notwithstanding the restricted activities listed above (“Restricted Activities”), Handzap may or may not police, review, observe, penalize, condemn, or otherwise react to any activities carried out by Users. If Users engage in Restricted Activities, they are violating this Agreement, no matter whether Handzap has previously responded to Users engaging in Restricted Activities. Handzap reserves its right to react or not to react to Users’ activities at its own discretion without changing the effect of this Agreement unless Handzap expressly communicates such a change.
Termination or Suspension of a User’s Right to Use Handzap Platform
Handzap may limit, terminate or suspend a User’s access to Handzap Platform without notice for any reason it determines in its sole discretion is prudent or appropriate. The Agreement remains enforceable against a User following the termination or suspension of the User’s access to Handzap Platform. If Handzap terminates, limits, or suspends a User’s access to use Handzap Platform, the User shall not
- be entitled to any unused balance in the User’s Account;
- register, create, or access a different account under the User’s name, a fake or borrowed name, or the name of a third party; or
- use Handzap Platform, even on behalf of a third party.
Handzap may limit a User’s access to Handzap Platform at Handzap’s sole discretion. Handzap may take legal action against a User, including pursuing arbitration, or by seeking a court injunction against a future action, or to report alleged criminal activity to applicable authorities.
Disclaimer of Liability
USE OF HANDZAP PLATFORM SHALL BE SOLELY AT USERS’ RISK. HANDZAP PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HANDZAP DOES NOT WARRANT THAT HANDZAP PLATFORM WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
USERS ACKNOWLEDGE AND AGREE THAT HANDZAP IS ONLY WILLING TO PROVIDE HANDZAP PLATFORM IF USERS AGREE TO CERTAIN LIMITATIONS OF HANDZAP’S LIABILITY TO USERS AND THIRD PARTIES. HANDZAP PROVIDES HANDZAP PLATFORM ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. HANDZAP MAKES NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS AGREE NOT TO HOLD HANDZAP, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR ITS AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO USERS’ USE OF OR INABILITY TO USE HANDZAP PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OR ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY HANDZAP OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF USERS’ INFORMATION. UNDER NO CIRCUMSTANCES WILL HANDZAP, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR ITS AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECTOR, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH USERS’ USE OF OR INABILITY TO USE HANDZAP PLATFORM OR TASKS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT APPLICABLE, USERS WAIVE THE PROTECTIONS OF A LAW IN ANY JURISDICTION THAT PROVIDE THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT A PERSON DOES NOT KNOW EXIST, OR SUSPECTS TO EXIST, IN ITS FAVOUR WHEN THE USER EXECUTES THE RELEASE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so parts of the above limitations may not apply to certain Users.
USERS AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HANDZAP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUCCESSORS AND ASSIGNS, SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING LEGAL FEES AND COSTS INCURRED, IN CONNECTION WITH (I) USERS’ USE OR INABILITY TO USE HANDZAP PLATFORM OR TASKS, OR (II) USERS’ BREACH OR VIOLATION OF THE AGREEMENT; (III) USERS’ VIOLATION OF ANY LAW THE RIGHTS OF ANY USER OR THIRD PARTY (IV) ANY CONTENT SUBMITTED BY A USER OR USING SUCH USER’S ACCOUNT TO HANDZAP PLATFORM, INCLUDING, BUT NOT LIMITED TO THE EXTENT SUCH CONTENT MAY INFRINGE ON THE INTELLECTUAL RIGHTS OF A THIRD PARTY OR OTHERWISE BE ILLEGAL OR UNLAWFUL. HANDZAP RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO SUCH INDEMNIFICATION. A USER WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF HANDZAP.
Except as provided expressly otherwise, the Agreement shall be governed by the laws in force in the Province of Ontario, Canada without regard to conflict of laws principles.
Users agree to use their best efforts to settle any dispute, claim, question, or disagreement with Handzap directly by contacting Handzap. Good faith negotiations shall be a condition to Users commencing formal dispute proceedings. Any dispute, controversy, claim, question, or disagreement arising out of or relating to the Agreement including any question regarding its existence, interpretation, validity, breach, or termination shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. In such respect,
- the place of the arbitration shall be Toronto, Canada;
- there shall be one arbitrator;
- the language of the arbitration shall be English;
- the arbitrator, or panel of arbitrators, as the case may be, shall select its award from one of the final offers made by each of the Parties, in its entirety and without modification. The Arbitral Tribunal may or may not provide detailed reasons for its award;
- an oral hearing need not be held; and
- there will be no appeal of the decision of arbitrator, or panel of arbitrators, as the case may be, on questions of fact, law, or mixed fact and law.
Users and Handzap agree that dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
The Agreement constitutes the entire agreement between the Parties related to Handzap Platform. Users shall not modify the Agreement. Handzap may modify the Agreement and shall post or provide links to revised terms via its website. Users should check the current terms of the Agreement before using Handzap Platform. If any part of the Agreement is held to be unlawful, invalid, or unenforceable, that part of the Agreement shall be severed and shall not affect the validity and enforceability of the remaining parts. The failure of Handzap to enforce the Agreement or any part of the Agreement does not constitute a waiver of the Agreement or of that part of the Agreement. Users may not assign the Agreement to another person. Handzap may assign the Agreement to another person for any reason. Users may contact Handzap regarding the Agreement at [firstname.lastname@example.org].