Terms and Conditions
The Company reserves the right to revise the Agreement at any time by updating this document. Your continued use Shovler after such update will constitute your acceptance of the changes.
LAST UPDATED SEPTEMBER 20, 2017
2. SHOVLER OPERATION AND FEES
- THE SHOVLER SERVICES
- Shovler is a marketplace which connects independent snow removal contractors with customers looking to obtain snow removal services from their homes, cars, or places of business (the "Services"). Users may register for a user account (each an "Account") as either a customer ("Customer") or as a third party independent contractor service provider ("Service Provider").
- By creating an Account, you agree that the Company may send you e-mail and informational text (SMS) messages as regarding Shovler, Services or the Company.
- By registering for Shovler and creating an account (the "Account"), the Company hereby grants you a revocable, non-exclusive, non-transferable license to access and use Shovler for its intended purposes. Your Account and license will be automatically terminated, without notice, for violating any provision of this Agreement. In addition, either you or the Company may terminate this Agreement, and your Account and use of Shovler, at any time.
- The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule snow removal services. You acknowledge you’re your ability to obtain snow removal services through the user of the Shovler app, does not establish Shovler as a provider of snow removal services.
- If you register for an Account, you agree that:
- You are at least 18 years old because Shovler is available only to individuals who can form legally binding contracts under applicable law. If you are under the age of 18, you can use Shovler only in conjunction with, and under the supervision of your parents or guardians and only in jurisdictions that legally allow individuals under 18 to shovel snow for compensation. Under no situation is a user under the age of 13 allowed to sign-up on Shovler.
- You understand the nature of shoveling snow and that you are qualified, in good health, and in proper physical condition to participate in such an activity.
- You fully understand that this snow removal involve risks of serious bodily injury, Including permanent disability, paralysis and death, which may be caused by your own actions, or inactions, of others, and the conditions; and that there may be other risks either not known to you or not readily foreseeable at this time; and you fully accept and assume all such risks and all responsibility for losses, costs and damages you incur as a result of removing snow.
- All information you submit to Shovler, the Company, or other users is accurate, truthful, and complete in all respects.
- You will not use Shovler or the Services for any purpose which is illegal, prohibited, offensive, or has the effect of harassing or defaming any other person.
- You will not hack, decode, decompile, reverse engineer, index, copy, or distribute Shovler.
- You will review and agree to the fees found on Shovler (the "Fees") prior to accepting any snow removal job.
- You authorize the Company, through its third party payment processors, to make charges and refunds on your behalf to Customers and for any and all Payment Processing Fees and Shovler Inc. Fees incurred.
- You authorize the Company, to refund customers in part or in full, based on the Company’s judgement.
- You will not solicit Customers or Service Providers who are or were previously registered users of Shovler for snow removal services outside of Shovler. If you breach this Section1(b)(v), you agree to pay to the Company liquidated damages in the sum of $2,000.00. You agree that these liquidated damages are not designed a punitive measure but rather as a means of calculating damages which may be uncertain. Notwithstanding this Section 1(b)(v), nothing herein shall preclude the Company from pursuing all remedies available for any breach hereof.
- If you register as a Customer, you further agree that:
- You either legally own or have the permission to order the Services for the property for which you order it. The Company may, in its sole discretion, request proof of ownership or permission.
- The property for which the Services will be provided is in a condition suitable for snow removal, will be free of dangerous conditions, and will be clearly marked.
- You will provide and maintain true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your "Payment Method") as applicable;
- You will review and agree to the fees found on Shovler (the "Fees") prior to ordering any Services.
- You authorize the Company, through its third party payment processors, to charge your Payment Method for any and all Fees incurred by your Account.
- You may have no authority to select the method through which the Services are provided.
- If you register as a Service Provider, you further agree that:
- You may legally perform the Services and work as an independent contractor.
- You are an independent contractor and not an employee, joint venturer, affiliate, or agent of the Company.
- You possess the skill, expertise, equipment, health, and ability to perform the Services.
- You have never been convicted of a felony or a crime involving sexual misconduct or violence.
- You have been cleared by a medical professional for the provision of Services and agree to immediately cease performing the Services if you feel ill or if you a medical professional instructs you to stop or limit the provision of the Services.
- As a Customer, you understand and acknowledge that snow removal may not be possible on areas blocked by vehicles or other obstructions. Neither Service Providers nor the Company will be responsible for the inability to complete Services due to such vehicles or obstructions and no refunds will be permitted in such instances.
- As a Service Provider, you agree to perform the Services diligently and in a safe, timely, professional, and workmanlike manner. You will not perform the Services under the influence of alcohol or illegal drugs. You will not perform the Services if it is unsafe to do so. You will not instruct any Customer to assist you in providing the Services.
- The Company may terminate any Account at any time and for any reason. You may also terminate your Account at any time and for any reason.
3. INTELLECTUAL PROPERTY
- The Company does not guarantee Shovler uptime or accessibility and may operate, modify, or cease to operate Shovler in its sole discretion.
- Without limitation, the Company and Shovler may:
- change, limit, or modify the service providers and services found throughout Shovler;
- modify pricing and fee structures found throughout Shovler; or
- allow or disable users’ ability to send messages or contact service providers.
- When a Customer uses Shovler to schedule Services, a Service Provider will respond based on your location and will try to provide Services at your location at the time indicated. While the Company endeavors to match Customers with qualified Service Providers, Shovler is simply a marketplace and does not screen, control, endorse, or otherwise have any relationship with any Service Provider. USERS AGREE TO PERFORM AND RECEIVE SERVICES AT THEIR OWN RISK. ANY RECOURSE FOR DISPUTES ARISING OUT OF SERVICES SHALL BE SOLELY WITH THE OTHER USER THROUGH WHICH THE SERVICES WERE CONDUCTED. The Company is not obligated to take part in any dispute among users and will only do so at its own discretion.
- The Company uses reasonable efforts to ensure that the Services will be provided in a professional and satisfactory manner. Nevertheless, you understand and agree that the Company does not guarantee that the Services will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards.
- When utilizing the Services as a Customer, you agree to pay us the applicable amount, plus applicable sales tax, up front when booking the Services. The Company will charge your Payment Method for the applicable fees and tax. In addition, the Company may charge your Payment Method to cover payment processing costs. You hereby authorize the Company to charge your Payment Method credit card for such amounts and to submit such charge to our third-party payment processor.
- As a Service Provider, you will be required to keep on file with the Company a bank account or other method of receiving payment, as the Company may allow. Payments are made directly from users to Service Providers through Stripe and all payment issues related to Stripe will be between the Service Provider and Stripe.
- No refunds or credits will be provided under any circumstance except as provided for in Section 2(c).
4. DISCLAIMERS; LIMITATION OF LIABILITY
- You acknowledge and agree that all intellectual property used on Shovler, including trademarks, copyrights, patents, source code, and scripts (collectively, the "Intellectual Property") is owned exclusively by the Company and further that no license, sub-license, transfer, assignment, or sale of Intellectual Property has been offered to you. You agree not to distribute, copy, modify, or in any other way share the Intellectual Property. The Company hereby reserves all rights to its Intellectual Property.
- You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any material you post, upload, or share to or with Shovler.
- SHOVLER IS PROVIDED AN "AS-IS" AND "WHERE-IS" BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS, OR NON-INFRINGEMENT. THE COMPANY CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANTY THE PROVISION OF ANY THIRD PARTY SERVICES THROUGH SHOVLER, INCLUDING (WITHOUT LIMITATION) SNOW REMOVAL SERVICES.
- UNDER NO CIRCUMSTANCE SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OFFICERS AND SUCCESSORS (COLLECTIVELY, "AFFILIATES") BE RESPONSIBLE FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF SHOVLER OR THE SERVICES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCE WILL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED $300.00 USD.
6. REFERRALS AND PROMOTIONAL CODES
- You agree to indemnify, defend, and hold harmless the Company and its Affiliates from and against any and all claims, losses, or liabilities arising from (i) your use of Shovler or the Services or (ii) your negligence or willful malfeasance. You agree that the Company shall reserve the right to control any litigation subject to your indemnification.
7. GENERAL TERMS
- Shovler may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Shovler establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Shovler; (iii) may be disabled by Shovler at any time for any reason without liability to Shovler; (iv) may only be used pursuant to the specific terms that Shovler establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Shovler reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Shovler determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Shovler’s Terms.
- Credits expire 6-months after being credited.
- This Agreement shall be governed by the law of the State of New York irrespective of the conflict of laws. You agree that any dispute brought hereunder, or related to your use of Shovler or the Services, shall be brought exclusively in the state or federal courts sitting in New York County, New York. You agree to the personal jurisdiction of such courts. The parties further agree to waive their rights to any group litigation or arbitration including, without limitation, class or collective actions.
- Any failure or delay of either party to enforce any rights accruing under this Agreement shall not be deemed a waiver of such rights.
- You agree that Shovler may contact you by email, telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with an Shovler account, including for marketing purposes.
- MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.