Terms & Conditions

2. Use of the Platform

 

A. Registration

You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your name, email address, and telephone number). You agree to immediately notify Bibber (at support@bibber.app) of any changes to your account information. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Bibber’s termination of this Agreement with you. Bibber may restrict anyone from completing registration if Bibber determines such a person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.

Bibber reserves the right to terminate or suspend your account at any time, without notice, for any reason, including violation of these terms. Your account may be suspended or terminated if it is discovered that you have engaged in direct transactions with service providers outside of the Bibber platform, circumventing our services. Your account will be terminated if we suspect that you are failing to provide a safe environment for service providers.

 

B. Account Security

You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Bibber has no control over any User’s account. You agree to notify Bibber immediately at support@bibber.app if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.

 

C. Service Provider Onboarding

(i) Background Checks. To the extent permitted by applicable law, Service Providers may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third-party services as appropriate (“Background Check(s)”). If you are a Service Provider, to the extent permitted under applicable law, you agree to undergo such Background Checks. Bibber cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.

(ii) Professional Licensing. Bibber does not independently verify that Service Providers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Services. It may be unlawful to perform certain types of Services without a license, permit, and/or registration, and performing such Services may result in law enforcement action and/or penalties or fines. Service Providers are solely responsible for avoiding such prohibited Services. If you have questions about how national, state, provincial, territorial, and/or local laws apply to your Services on the Platform, you should first seek appropriate legal guidance. Service Seekers are solely responsible for determining if a Service Provider has the skills and qualifications necessary to perform the specific Service and confirming that the Service Provider has obtained all required licenses, permits, or registrations, if any. Service Seekers may wish to consult their national, state, provincial, territorial, and/or local law requirements to determine whether certain Services are required to be performed by a licensed or otherwise registered professional.

 

D. Service Agreement

The Platform allows Users to search for and book preset Services. Bibber does not allow users to offer new services beyond the preset selection. After identifying and selecting a Service Provider to perform a Service, the Service Seeker and the Service Provider may communicate via the chat thread in the Platform (the “Chat Thread”) to understand the scope, schedule, and other details of the Service (including, without limitation, any specific hazards, obstacles, or impediments in the Service location (whether visible or concealed) that may impact the performance of the Service). Once the Service is scheduled via the Platform by the Service Provider, the Service Seeker and Service Provider form a legally binding contract for the Service, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Service Seeker and the Service Provider in the Chat Thread for the Service (the “Service Agreement”). The Service Seeker and the Service Provider each agree to comply with the Service Agreement and the Agreement during the engagement, performance, and completion of a Service. Service Providers are responsible for exercising their own business judgment in entering into Service Agreements and performing Services; and acknowledge that there is a chance for individual profit or loss. Service Seekers may request additional services from the Service Provider beyond the preset selection, but they will have to pay extra directly to the Service Provider. Bibber only collects the service fee mentioned on the platform for the offered service. Bibber is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Bibber. Bibber is not responsible for any workplace accidents or injuries. Service seekers are responsible for ensuring a safe environment for service providers.

 

E. Other Parties

(i) Service Provider Assistants. Where approved in advance by the Service Seeker in the Chat Thread for the Service, Service Providers may engage assistants, helpers, subcontractors, or other personnel (“Service Provider Assistant(s)”) to perform all or any part of a Service; provided that such Service Provider Assistants have registered through the Platform and meet all of the requirements applicable to the Service Provider as set out in the Agreement. The Service Provider assumes full and sole responsibility for the acts and omissions of all Service Provider Assistants used in its performance of Services and is fully responsible for: (a) the lawful payment of all compensation, benefits, and expenses for its Service Provider Assistants, (b) all required and applicable tax withholdings as to such Service Provider Assistants, and (c) ensuring all Service Provider Assistants are registered Service Providers on the Platform. Bibber is not responsible for the payment of compensation, benefits, expenses, or any other remuneration to Service Provider Assistants. Additionally, Bibber is not responsible for any injuries, damages, or liabilities incurred by or caused by Service Provider Assistants. The Service Provider is fully responsible for ensuring that all Service Provider Assistants comply with the terms of the Agreement and applicable laws.

 

3. Fees, Billing, Invoicing, and Payment; Cancellation

The terms relevant to fees (including Service Provider Payments and Bibber’s fees), invoicing, payment (including for Services, and any other amounts owed by Users hereunder) and cancellation, are set out in the Fees, Payments, and Cancellation Supplemental Terms, which apply to your access to and use of the Platform. Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the Service Payment and all Bibber fees) are non-refundable. Refunds will be made possible in the future after we implement a service cancellation feature into the Bibber app.

 

4. Contests and Promotional Codes

Bibber may, from time to time, provide certain optional promotional codes, opportunities, and contests to Users. All such optional promotional opportunities will be run at the sole discretion of Bibber, will be subject to the terms and conditions governing them, and can be implemented, modified, or removed at any time by Bibber without advance notification. The liability of Bibber and Affiliates relevant to such promotional opportunities and contests shall be subject to the limitations set forth in Section 13 of these Terms.

 

5. Public Areas

The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, service postings, chat areas, news groups, forums, communities, and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum.

You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. Bibber will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas.

Fees, Payments, and Cancellation Supplemental Terms

THESE FEES, PAYMENTS, AND CANCELLATION SUPPLEMENTAL TERMS (“Fees and Payments Terms”) form part of Bibber’s Terms of Service (the “Terms”) and apply to each User’s access to and use of the Platform, and the fees and payments associated with such access and use. Capitalized terms used, but not defined, in these Fees and Payments Terms will have the definitions as set out in the Terms.

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A. Service Payment and Other Amounts Owed by the Service Seeker

All amounts owed and/or to be paid by the Service Seeker shall be set out in an invoice (“Invoice(s)”), which will include the Service-related fees and Bibber fees, each as described in more detail below in this Section A. The Service Seeker automatically authorizes the PSP to process payment upon the Service Seeker’s receipt of confirmation (whether through the Platform or via text or email) that the Service has been completed. You acknowledge and agree that Bibber may prevent you from booking future Services if any amounts remain outstanding on your account after a Service is complete. Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the Service Payment and all Bibber fees) are non-refundable.

1. Service-related fees. The Service Seeker is responsible for paying the following associated with each Service:

   • The fee for the Service, at the Bibber’s rates and as agreed-upon by the Service Seeker and the Service Provider (the “Service Payment”).

   • Any out-of-pocket expenses agreed-upon by the Service Seeker and the Service Provider and submitted by the Service Provider in connection with the Service. Bibber is not responsible for paying out-of-pocket expenses incurred by either User; the Users are responsible for coordinating any out-of-pocket expenses directly with each other.

   • A tip or gratuity, as applicable, which may be added to the Invoice by, or at the direction of, the Service Seeker (all of which shall go directly to the Service Provider).

   • Taxes or similar charges, as described in Section E below.

   • A credit card processing fee, as applicable.

Bibber reserves the right to change its fees at any time and will notify Service Seekers of any fee changes in accordance with Section 17 of the Terms. If you disagree with a Bibber fee change, you may cease using the Platform and terminate the Agreement at any time, pursuant to Section 7 of the Terms. Service Providers have no authority to, and may not, modify all or any part of Bibber’s fees.

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B. Amounts Owed by Service Providers

• Service Providers will be responsible for paying the Bibber platform fee (10% of service charge) and the PSP fee (less than 2 CAD).

• If a referred Service Provider joins the platform and begins providing services, they are required to give 2% of their earnings for a minimum of three months to the Referrer.

 

C. Payment Service Provider (“PSP”)

All amounts owed and/or to be paid by any User must be paid through the PSP. The Service Seeker will be required to provide their payment method details to Bibber and the PSP. The Service Provider will be required to set up an account with the PSP, which requires registration with the PSP, consent to the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation. Bibber is not a party to any PSP Services Agreement and has no obligations, responsibility, or liability to any Service Provider or other party under any PSP Services Agreement. The complete account registration on the PSP is mandatory to be able to use the Bibber Service apps.

 

D. Fraud

Notwithstanding anything herein to the contrary, the Service Seeker will not be held responsible for transactions that are identified by Bibber as potential or confirmed fraud, provided that the Service Seeker did not contribute to or cause (directly or indirectly, in any part) such fraud. In these instances, a transaction may be declined, frozen, or held until investigation is complete.

 

E. Sales Tax Collection and Remittance

Users of the Platform may be liable for taxes or similar charges (including VAT, if applicable in the country where the Service is performed), which are imposed on the Services performed and/or fees paid under the Agreement and must be collected and/or paid.

In certain jurisdictions, applicable rules require that we collect and/or report tax and/or revenue information about you to applicable tax authorities. You agree that Bibber may issue, on your behalf, receipts or similar documentation to facilitate accurate tax reporting, and use of your account may be paused until such documentation is provided.

Notwithstanding anything herein to the contrary, however:

• Service Providers remain fully responsible and liable for, and in charge of, compliance with all tax obligations applicable to the Service Provider and the Services (including performance thereof), (including, without limitation, filing their tax returns (such as, as applicable, VAT) and paying taxes (such as, as applicable, VAT)) relating to the Services performed by them for the benefit of their Service Seekers. Service Providers should consult with their own tax advisors to ensure compliance with applicable tax and reporting requirements.

• Bibber is neither responsible nor liable for ensuring Users’ compliance with applicable tax obligations. Without limitation, Bibber shall not be held responsible for any breach of a Service Provider's tax obligations, including (without limitation) that Bibber shall not be held jointly and severally liable for taxes, interest on overdue taxes, or for any penalties or fines that would be owed by the Service Provider. Bibber may (i) request the Service Provider to confirm and/or demonstrate that they are up to date with their tax obligations (including social contributions, if applicable); and (ii) deactivate a Service Provider’s account or limit their use of or remove the Service Provider from the Platform upon (1) a determination from the applicable tax authorities that such Service Provider has failed to comply with tax obligations (such as VAT), or (2) if the Service Provider is unable or unwilling to confirm and/or demonstrate their compliance with their tax obligations, upon request.

 

F. Cancellation Fees

Service Seekers cannot cancel a service for now; this feature will be added in the future. Service Providers can decline a service but cannot cancel. If they wish to cancel, they should contact Bibber, and this may result in the downgrading of their account and their ability to match in the future.

 

6. Deactivation and Suspension

In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud, or interference with the proper working of the Platform), Bibber may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach. Bibber will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by Bibber pursuant to this Section, please contact us at support@bibber.app within 14 days of receipt of such notice with the grounds for your appeal.

If Bibber suspends or deactivates your account or limits your use of the Platform pursuant to this Section 6, you may not register and/or create a new account under different usernames, identities, or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.

 

7. Termination

You may terminate the Agreement between you and Bibber at any time by ceasing all use of the Platform and deactivating your account. Bibber may terminate the Agreement between you and Bibber at any time, and cease providing access to the Platform (pursuant to Section 6 above), if you breach any part of the Agreement or violate applicable laws.

Even after your right to use the Platform is suspended, terminated, or limited, the Agreement will remain enforceable against you. Bibber reserves the right to take appropriate legal action pursuant to the Agreement.

 

8. User Generated Content; Feedback

 

A. User Generated Content

“User Generated Content” is defined as any information, content, and materials (including any videotape, film, recording, photograph, voice) you provide to Bibber, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform (including, without limitation, the information and materials posted or transmitted for use in Public Areas).

User Generated Content is not the opinion of, and has not been verified or approved by, Bibber. You acknowledge and agree that Bibber: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content (including any accuracy or results obtained by the use thereof or reliance thereon); (c) may, but has no obligation to, monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement.

You are and remain solely responsible and liable for your User Generated Content. To the extent permitted by law, you hereby grant Bibber, for the full duration of all rights that may exist in the User Generated Content (including any legal extensions thereof), a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right and license to publish, reproduce, disseminate, transmit, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, exhibit, display (in whole or in part), act on and/or otherwise use your User Generated Content, in any media, form or technology now known or later developed, including (without limitation) in connection with any advertising, marketing, and/or publicizing of the Platform, without any approval by, or compensation to, you. You acknowledge and agree that the foregoing license shall also extend to, and Bibber and its Affiliates may use (in accordance with this Section), your name, username, image, silhouette and other reproductions of your physical likeness, voice, likeness, screen name(s) and/or any biographical, professional and/or other identifying information (collectively, “Likeness”) in, and in connection with, your use of the Platform, including on websites, social media platforms and third-party digital platforms owned or controlled by us or our Affiliates.

You hereby represent and warrant to Bibber that (i) you have the lawful authority to grant the rights in your User Generated Content as set out herein, and that such rights do not negatively impact any third-party rights; and (ii) your User Generated Content will not: (1) be false, inaccurate, incomplete or misleading; (2) be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (3) infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary or intellectual property right or rights of publicity or personality (to the extent recognized by law in the country where the Service is performed); (4) violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (5) be defamatory, libelous, malicious, threatening, or harassing; (6) be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (7) contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) claim or suggest in any way that you are employed or directly engaged by or affiliated with Bibber or otherwise purport to act as a representative or agent of Bibber; or (9) create liability for Bibber or cause Bibber to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

You hereby waive (x) any “moral rights” associated with the User Generated Content (to the extent allowable by law); and (y) all claims relevant to the User Generated Content and Bibber’s use thereof and of your Likeness. You release the Bibber Parties (defined below) from, and shall hold such parties harmless from and against, any and all Liabilities (defined below), (including, without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter), based upon or relating to Bibber’s use and exploitation of such User Generated Content and your Likeness as permitted herein.

Bibber is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly. If you believe, in good faith, that any User Generated Content provided on or in connection with the Platform is objectionable or infringes any of its rights or the rights of others, you are encouraged to notify Bibber at support@bibber.app. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Bibber at support@bibber.app.

The only User Generated Content for now is the text messages and the pictures taken by the Service Provider of their job progress, etc. Users should report inappropriate content to Bibber if they see any. Inappropriate content will result in full termination of accounts and the temporary suspension of fees.

 

B. Feedback

The Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Feedback”), which enables Users to post and read other Users’ expressions of their experiences. Feedback is the opinion of the User who has posted it. Feedback is not the opinion of, and has not been verified or approved by, Bibber. Bibber does not evaluate Users. Bibber may, but is not obligated to, investigate, modify and/or remove any Feedback or other remarks posted by Users. You may request removal of a review that violates the Agreement or the Bibber Ratings and Reviews Guidelines by contacting us at support@bibber.app.

 

9. Intellectual Property Rights

The Platform, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”)), is owned by Bibber, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected, in all forms, media and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.

The service marks, logos, and trademarks of Bibber (the “Marks”), are owned by Bibber. The Marks are not available for use by Service Providers. You may not copy or use the Marks without obtaining Bibber’s express prior written consent. Any other trademarks, service marks, logos, and/or trade names appearing on the Platform are the property of their respective owners and may not be used without the prior written consent of such owner.

 

10. Links to Third-Party Websites

The Platform may contain links (such as, without limitation, hyperlinks, external websites that are framed by the Platform, and advertisements displayed in connection therewith (including as may be featured in any banner or other advertising) to third-party websites), which are maintained by parties over which Bibber exercises no control.

Such links are provided for reference and convenience only; and do not constitute Bibber’s endorsement, warranty or guarantee of, or association with, those websites, their content or their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access and use such third-party websites at your own risk.

Bibber has no obligation to monitor, review, limit or remove links to third-party websites, but reserves the right to do so, at its sole discretion. Bibber (a) expressly disclaims any responsibility or liability for any such third-party links or websites (including your access to or use thereof, and any products or services advertised or offered thereby, and any claims arising therefrom); and (b) is not and will not be a party to any transaction between you and any third-party providers of products or services.

You expressly relieve Bibber from any and all liability arising from your access to and/or use of any third-party websites.

 

​​11. Copyright Complaints and Copyright Agent

If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property right, please send the following information to Bibber’s Copyright Agent at support@bibber.app:

1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Platform where the material you claim is infringed is visible. Include enough information to allow Bibber to locate the material, and explain why you think an infringement has taken place;

2. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

3. Your name, address, telephone number, and e-mail address;

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

6. Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

12. Disclaimer of Warranties

Use Of The Platform Is Entirely At Your Own Risk

THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED.

WITHOUT LIMITING THE FOREGOING, BIBBER AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”, AND TOGETHER WITH BIBBER, THE “BIBBER PARTIES”):

• MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY SERVICE PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY SERVICE PROVIDER’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSURE);

• DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (1) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (2) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND

• DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY SERVICE PROVIDER, AND BIBBER WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

United States federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.

 

13. Limitation of Liability

You acknowledge and agree that Bibber is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties, as set out in this Section and elsewhere in the Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE BIBBER PARTIES OR THEIR CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION AND THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PLATFORM OR YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE BIBBER PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.

Nothing in the Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE BIBBER PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED: (A) IF YOU ARE A SERVICE SEEKER, THE TOTAL FEES PAID BY YOU TO BIBBER IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE; AND (B) IF YOU ARE A SERVICE PROVIDER, THE TOTAL SERVICE PAYMENTS PAID TO YOU BY SERVICE SEEKERS IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

14. Indemnification

Users’ indemnification obligations are set out below in this Section. Bibber reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Bibber.

A. Service Seeker Indemnification

If you are a Service Seeker, you shall indemnify, defend, and hold harmless Bibber and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of the Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) any User Generated Content and/or Feedback submitted by you or using your account to the 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; and (vi) the acts or omissions of any Service Seeker Agents.

B. Service Provider Indemnification

If you are a Service Provider, you shall indemnify, defend, and hold harmless Bibber and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your participation in Services, or your ability or inability to perform Services or to receive payment therefor; (iii) your breach or violation of the Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) any User Generated Content and/or Feedback submitted by or about you or using your account to the 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; and (vi) the acts or omissions of any Service Provider Assistants.

 

15. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy, or claim related to, arising from, or regarding your use of the Platform, your relationship with Bibber, Services, or the Agreement (including previous versions) (“Dispute”), you can try to find an amicable solution with Bibber before initiating any out-of-court settlement (such as mediation or arbitration) or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Bibber. Bibber’s address for such notice is support@bibber.app.

 

16. App Store-Sourced Apps. 

If you access or download any App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and will comply therewith in your access to and use of the App(s). If you access or download any App from the Google Play Store, you agree to Google Play Terms of Serviceand will comply therewith in your access to and use of the App(s).

 

17. Changes to the Agreement, the Platform, and the App

 

A. Changes to the Agreement

Bibber reserves the right, for justifiable and proportionate reasons, at any time, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of the Agreement (including the Terms of Service, Privacy Policy, and Acceptable Use Policy).

Notice of such amendments may be given by posting such updates or modifications (or notice thereof) on the Platform, on the online location of the relevant terms, policies, or supplemental terms, by e-mail, or in any other reasonable manner; and the amendments will be effective upon such posting. Your continued use of the Platform after such posting constitutes your consent to be bound by the Agreement, as amended.

Notwithstanding the foregoing, if such modifications and/or updates are material, you will be informed in advance (in the manner set out in this Section) for your acceptance or rejection. If any changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement, the previous Terms will apply to your current Services, but you will not be able to use the Platform or contract new Services, and you must deactivate your account and immediately stop using the Platform. After notifying you of any material changes, your continued use of the Platform following any revision to the Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

To the extent permitted by law, Bibber shall not be liable to you for any modification to all or any portion of the Agreement.

 

B. Changes to the Platform

Bibber reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), effective with prior notice (where possible) and without any liability to Bibber. To the extent permitted by law, Bibber shall not be liable to you for any updates, upgrades, modifications to, or discontinuance of all or any portion of the Platform.

 

C. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Bibber’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and/or (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

 

18. No Rights of Third Parties

Except as expressly set out herein and/or as otherwise required by applicable laws, the Agreement is for the sole benefit of Bibber and the User, and their permitted successors and assigns, and there are no other third-party beneficiaries under the Agreement. None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement; provided, however, that Bibber may enforce any such provisions on behalf of its Affiliates.

 

19. Notices and Consent to Receive Notices Electronically

Unless otherwise specified in the Agreement, all agreements, notices, disclosures, and other communications (collectively, “Notices”) under the Agreement will be sent electronically and will be deemed to have been duly given when received, if transmitted by email, or by posting Notices on the Platform. You consent to receive Notices in this manner. All notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have any questions about these Terms of Service or about the Platform, please contact us at support@bibber.app.

 

20. Consent to Electronic Signatures

By using the Platform, you agree (a) to transact electronically through the Platform; (b) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature; (c) your use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes your signature as if actually signed by you in writing; and (d) no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

All electronically signed documents should be submitted to support@bibber.app.

 

21. Governing Law

Except for Sections 15 (Dispute Resolution) and/or jurisdiction-specific provisions hereof, the Agreement and your use of the Platform will be governed by, and will be construed under, the laws as set out in this Section (without regard to choice of law principles):

• For Users within Canada: The laws of the province in which the service takes place.

• For Users outside of Canada: The laws applicable in the user's jurisdiction, and any dispute regarding the Agreement or the use of the Platform will be dealt with by the courts of that jurisdiction.

The choices of law set out in this Section shall apply unless and to the extent federal, state, provincial, local, and international laws, rules, regulations, directives, judgments, and/or orders binding on or applicable to you or your performance hereunder, require that the Agreement or your use of the Platform be governed by the laws of the country in which the Service is performed. This provision is intended only to designate the governing laws to interpret the Agreement and is not intended to create any substantive right to non-residents of the designated country/province/state to assert claims under such law whether by statute, common law, or otherwise. Nothing shall prevent Bibber from bringing proceedings to protect our intellectual property rights before any competent court.

 

22. Notices

The Bibber Platform, websites, and Apps are owned and operated by Bibber, Inc. If you have any questions about the Agreement or the Platform, please contact us at support@bibber.app.

 

23. General Provisions

 

a. Relationship of the Parties

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship exists, is intended, or created between you and Bibber by the Agreement or your use of the Platform. Users do not have authority to act as agent for, nor to bind or make any representations on behalf of, Bibber.

 

b. Entire Agreement

The Agreement (including any terms linked to in, and incorporated by reference into, these Terms) constitutes the complete and exclusive agreement between you and Bibber with respect to your use of the Platform, and supersedes any and all prior or contemporaneous agreements, proposals, or communications, except as otherwise specified in the Arbitration Agreement. The provisions of the Agreement are intended to be interpreted in a manner that makes them valid, legal, and enforceable.

 

c. Severability; Waiver

In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable, or (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions. Failure by Bibber to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right.

You hereby acknowledge and agree that we may assign or transfer the Agreement without your consent. In any case, this assignment will be notified to the User who, in the event legally foreseen, may terminate the Agreement and cease use of the Platform. Upon the effective date of the assignment of the Agreement (a) Bibber shall be relieved of all rights, obligations, and/or liabilities to you arising in respect of events postdating the effective date of the assignment, and (b) the assignee entity shall replace Bibber for the performance of the Agreement. You may not assign or transfer the Agreement without our prior written approval. Any assignment in violation of this Section 23 shall be null and void. The Agreement will inure to the benefit of Bibber, its successors, and assigns. All parts of the Agreement which, by their nature, should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to, and notwithstanding, the expiration or termination of the Agreement or your use of the Platform.

The Agreement, in whole and in part, is drawn up in English. In case of discrepancies between the English text version of the Agreement (in whole or in part) and any translation of the Agreement, the English version shall prevail.

 

d. Liability for Property Damage

The Service Provider is not responsible for damage done to the property of the Service Seeker if the property was intended for use in the service, provided the Service Provider used it properly. For instance, the Service Provider may not necessarily be responsible for damage done to a lawn mower at the time of the work given that they used it properly. However, Bibber may (although not required to) perform an investigation and may charge the Service Provider and compensate the Service Seeker based on the findings.

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24. Jurisdiction-specific Provisions, including Dispute Resolution

The terms in this Section apply to Users in the noted jurisdictions. To the extent that there are any discrepancies or inconsistencies between these Global Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern, and control with respect to Users in those jurisdictions.

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A. Residents of Canada

Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND BIBBER CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND BIBBER TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THE AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

Agreement to Binding Arbitration

Except where prohibited by law (which may include the Province of Quebec), any controversy, claim, or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties, or obligations of any party, or the rights, duties, or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules, a current copy of which is available here. In accepting these Terms of Service, you acknowledge receipt of and a reasonable opportunity to review the ADR Rules. The parties agree and acknowledge that under the ADR Rules, there is a fee associated with submitting a Dispute; applicable filing fees will be as set out in the ADR Rules.

The arbitration will be determined by a single arbitrator, to be appointed in accordance with the ADR Rules. For greater certainty, neither Service Providers nor Service Seekers shall commence or participate in a class proceeding or other group or similar action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.

The seat of the arbitration shall be the province in which the Service Provider performs the majority of the service and the applicable arbitration legislation in the seat shall apply to the Dispute. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory, or partial.

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims, and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought; however, it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts. The arbitration will be conducted in English, except in Quebec, where the arbitration shall be conducted in either English or French at the election of the Service Provider.

A party to the Agreement may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

Notwithstanding anything to the contrary in this Section, nothing in this Section prevents a Service Provider from making a report to or filing a claim, application, or charge with the applicable governmental or administrative agency or tribunal, including, as applicable, the applicable Ministry of Labour, human rights commission or tribunal, and labour relations board (cumulatively, “administrative agencies”) if the terms of applicable legislation entitle you to do so and preclude exclusive pre-dispute recourse to arbitration. For the avoidance of any doubt, administrative agencies do not include provincial or federal courts.

 

25. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, THE ACCEPTABLE USE POLICY, AND ALL OTHER TERMS INCORPORATED HEREIN AND THEREIN BY REFERENCE, AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.