Terms & Conditions | StudentHire

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    Terms & Conditions

    TERMS AND CONDITIONS For the Homeowner (The party requesting that a job be completed)

    How StudentHire makes money

    StudentHire takes a 15% cut of every job that goes through our site. For example, if an employer posts their job for $100, the student that completes the job will be paid $85.

    1. Contractual Relationship

    These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by StudentHire.

    PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

    Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and StudentHire. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. StudentHire may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

    StudentHire may amend the Terms related to the Services from time to time. Amendments will be effective upon StudentHire’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

    Our collection and use of personal information in connection with the Services is as provided in StudentHire’s Privacy Policy. StudentHire may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

    2. The Services

    The Services constitute a technology platform that enables users of StudentHire’s website provided as part of the Services (each, an “Application”) to arrange and schedule all types of jobs and/or services with independent third party providers of such jobs and services. YOU ACKNOWLEDGE THAT STUDENTHIRE DOES NOT PROVIDE SERVICES OR FUNCTION AS AN EMPLOYER AND THAT ALL SUCH SERVICES IS PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS (each, a “Student”) WHO ARE NOT EMPLOYED BY STUDENTHIRE OR ANY OF ITS AFFILIATES.

    3. Your Use of the Services

     

    User Accounts.

    In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).

    You must be at least 18 years of age to obtain an account. Account registration requires you to submit to StudentHire certain personal information, such as you name, address, email address, mobile phone number and age as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to- date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or StudentHire’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by StudentHire in writing, you may only possess one Account.

    User Requirements and Conduct.

    The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive or perform services from Students unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

    Text Messaging.

    By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from StudentHire at any time by sending an email to support@studenthire.ca indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

    You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant StudentHire the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor StudentHire’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    4. Payment

    You understand that use of the Services may result in charges to you for the services or goods you receive from a Student (“Charges ”). After you have received services or goods obtained through your use of the Service, StudentHire will facilitate your payment of the applicable Charges on behalf of the Student as such Student’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Student. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by StudentHire.

    All Charges are due immediately and payment will be facilitated by StudentHire using the preferred payment method designated in your Account, after which StudentHire will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that StudentHire may, as the student’s limited payment collection agent, use a secondary payment method in your Account, if available.

    As between you and StudentHire, StudentHire reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in StudentHire’s sole discretion. StudentHire may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Student at any time prior to such Student’s arrival, in which case you may be charged a cancellation fee.

    This payment structure is intended to fully compensate the Student for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Student who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Student.

    5. Cancelations and Changes to Services

    Once you have posted a job you may cancel it up to 24 hours before the requested job completion time. Cancelations made within a 24-hour time period will be subject to review by StudentHire and at the sole discretion of StudentHire cancelation charges may be applied.

    If you or a student, upon undertaking the work, believes that the original job listing did not accurately reflect the work (within reason), the scope has been changed from the original posting by the homeowner, or unpredictable or unforeseen events occurred that are outside the control of the student, all at the sole discretion of StudentHire, the student, the customer, and/or StudentHire may request the price and time of the service to be re-negotiated. Such occurrences will be noted as “Changes”. If the student and homeowner cannot agree on the change(s), either party, including StudentHire, may cancel the appointment altogether. Upon cancellation initiated by the homeowner, the homeowner may be required to compensate the student for the work completed prior to the cancellation, including any direct labor, material, equipment, transportation, or other costs incurred related to that appointment; the amount of compensation can be mutually agreed upon by the student(s) and homeowner(s). In the event of a change(s) or cancellation, the student or the homeowner may request that StudentHire determine the compensation amount.

    6. Disclaimers; Limitation of Liability; Indemnity.

     

    DISCLAIMER.

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” STUDENTHIRE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, STUDENTHIRE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. STUDENTHIRE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF STUDENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    LIMITATION OF LIABILITY.

    STUDENTHIRE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF STUDENTHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STUDENTHIRE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF STUDENTHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STUDENTHIRE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STUDENTHIRE’S REASONABLE CONTROL. IN NO EVENT SHALL STUDENTHIRE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS ($500).

    STUDENTHIRES’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH STUDENTS, BUT YOU AGREE THAT STUDENTHIRE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY STUDENTS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

    THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

    Indemnity.

    You agree to indemnify and hold StudentHire and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Students.

    7. Governing Law; Arbitration.

    These User Terms are subject to the laws of Canada. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the Provincial Court of Alberta, Canada, unless you notify StudentHire within one month of the scheduled job completion date.

    For Students (Third party providers looking to complete a job)

     

    1. Contractual Relationship

    These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by StudentHire.

    PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

    Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and StudentHire. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. StudentHire may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

    StudentHire may amend the Terms related to the Services from time to time. Amendments will be effective upon StudentHire’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

    Our collection and use of personal information in connection with the Services is as provided in StudentHire’s Privacy Policy. StudentHire may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

    2. User Requirements and Conduct

    To create an account as a student certain requirements must be met. Failure to meet these requirements can result in the suspension or termination of your account. You must be at least 18 years of age, and enrolled in a valid post-secondary institution to obtain an Account. Account registration requires you to submit to StudentHire certain personal information, such as your name, address, email address, mobile phone number and age. You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to- date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or StudentHire’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by StudentHire in writing, you may only possess one Account.

    All students with an active account will be eligible to apply for all jobs posted by homeowners. You understand that by applying for a job you are not guaranteed to get the job, but upon application you are agreeing to complete the job on or by the scheduled date for the posted price if you are awarded the job. The homeowner that posted the job will select the student that will complete the job and said student will be notified. By applying for a job you are responsible for having transportation to the job site as well as all necessary equipment to complete the job.

    When completing a job, only persons that have created an account and agreed to these terms of use can be involved in the completion of the job.

    3. Cancelations and Changes to Services

    Once you have been given a job it is your responsibility to complete said job. In the event that you are given a job and do not show up at the appointed time, StudentHire may suspend or terminate your account. Any cancelation or rescheduling should be done a minimum of 24 hours before the appointed job time. Students are required to contact both the homeowner as well as StudentHire to notify them of the cancelation or rescheduling. All job applications may be revoked by the student with no penalty if the homeowner has not yet selected them for their job.

    If you are selected for a job and upon undertaking the work, you believe that the original job listing did not accurately reflect the work (within reason), the scope has been changed from the original posting by the customer, or unpredictable or unforeseen events occurred that are outside the control of the student, all at the sole discretion of StudentHire, the student, the customer, and/or StudentHire may request the price and time of the service to be re-negotiated. Such occurrences will be noted as “Changes”. If the student and customer cannot agree on the change(s), either party, including StudentHire, may cancel the appointment altogether. Upon cancellation initiated by the customer, the customer may be required to compensate the student for the work completed prior to the cancellation, including any direct labor, material, equipment, transportation, or other costs incurred related to that appointment; the amount of compensation can be mutually agreed upon by the student(s) and customer(s). In the event of a change(s) or cancellation, the student or the customer may request that StudentHire determine the compensation amount. As a student, you understand that your own productivity, including that of your materials, equipment, or other student(s) participating in the same service appointment, does not warrant a change in compensation or cancellation. You understand that making false claims regarding a change may result in your account or site registration being suspended or terminated by StudentHire.

    4.User Provided Content and Notifications

    You agree that StudentHire may send you informational text (SMS) messages and emails as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from StudentHire at any time by texting the word “STOP” to the sender’s number, from the mobile device receiving the messages, or by unsubscribing from emails via the link within the body of an email notification. You acknowledge that opting out of receiving text (SMS) messages or emails may impact your use of the Services.

    StudentHire collects information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, job interests, school, school program, enrolment verification documents, and other information and documents you choose to provide. By providing this information you agree to allow StudentHire to display the information to customers when you (the student) make an offer on a job listing originated by that homeowner(s).

    StudentHire collects feedback upon the completion of some jobs. You understand that when you apply for a job, this information may be shared with the customer that originated the job listing.

    You may update your account or profile information at any time by sending us an email with the changes. You may also cancel your account at any time.

     

    Liability

    You understand the risks of the services you offer to perform, and agree not to hold StudentHire liable for any losses, theft, damages, injuries, or other direct or indirect incidents as a result of performing services or using the site.

    CONTROLLING LAW AND JURISDICTION

    These User Terms are subject to the laws of Canada. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the Provincial Court of Alberta, Canada, unless you notify StudentHire within one month after StudentHire invoking its right pursuant to this provision to commence court proceedings in Alberta, Canada, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.

    DISPUTE RESOLUTION

    If a dispute occurs between the parties concerning any matter governed by this Contract, the disputing party shall promptly advise the other party in writing and the parties together shall use all reasonable efforts to resolve the dispute, including escalation to senior management of each of the Parties. If the parties are unable to resolve the dispute informally, within thirty (30) business days, then the disputing party shall provide to the other party written particulars of the complaint.

    a) A detailed description of the nature of the complaint,

    b) Identification of the relevant provision(s) of the Contract,

    c) Requested or expected resolution.

    Within thirty (30) business days of receipt of the formal notification, provided by the disputing party, the other party will respond with a written response. If the two parties agree to the written response, the two parties shall enter an amendment document to reflect the changes to the Contract.

    If the two parties do not agree to accept the formal response the two parties shall proceed to mediation with a mutually agreed upon third party being appointed as mediator. If the dispute is not resolved within thirty (30) business days of appointment of the mediator, then the parties may, if they both agree, proceed to arbitration before a single arbitrator pursuant to the International Commercial Arbitration Act.

    Nothing in the Contract shall preclude either party from having a dispute resolved in a Canadian court of competent jurisdiction (within Alberta), although no steps shall be taken by either party to initiate legal proceedings until after the process described above has been completed.

    TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENTHIRE WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE. You agree to indemnify and hold StudentHire and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) StudentHire’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.