Terms of Use

These PickUp Terms and Conditions – Canada (“PickUp Terms”) govern the access or use by you, an individual, of any platform, applications, websites, content, products, and services (collectively, the “PickUp Services”) made available by 2326237 Alberta Ltd. operating as PickUp and any agents, affiliates, or other individuals with the capacity to contract on behalf of 2326237 Alberta Ltd. (collectively, “PickUp”).

The contractual relationship between you and PickUp extends only to the use of the PickUp application, website, and PickUp Services. Your contract for the actual services provided by the individual you hire through the Pickup Services is with that individual and not with PickUp. For greater certainty, PickUp shall not be liable in contract, tort, or otherwise for any claims of non-payment, deficient work, or any other dispute between Third Party Contractors and Requesting Parties.

The PickUp Services are made available solely for your personal use. You acknowledge that: (a) PickUp is not responsible for, nor does it offer services to facilitate payment between parties (b) PickUp does not provide any home maintenance, yard work, landscaping, or like services (collectively, “Home Services”)or function as a contractor; (c) PickUp does not request nor hire individuals or companies to perform Home Services (d) all such Home Services are provided at the request of independent third parties (“Requesting Parties”) by independent third party contractors who are not employed by PickUp (“Third Party Contractors”) (e) Third Party Contractors are solely responsible for ensuring compliance with any and all applicable consumer protection laws, building codes, or other safety guidelines or specifications required for the proper completion of the Home Services; For greater clarity, Third Party Contractors are solely responsible for the services they provide, and Requesting Parties are solely responsible for any duties owed to Third Party Contractors pursuant to common law, the Occupier’s Liability Act RSA 2000 c O- 4, and any other applicable legislation that governs relations between two contracting parties.

PickUp will provide the PickUp Services to you pursuant to these PickUp Terms. The PickUp Services are to allow you access to an application or website that enables you, as a user of PickUp’s applications or websites (collectively, an “Application”) to: (a) arrange and schedule certain services with independent third party contractors who have an agreement with PickUp or its affiliates (“Third Party Contractors”), (b) facilitate payments to Third Party Contractors for the goods and services provided to you by those parties and receive receipts from an PickUp affiliate for those payments; and (d) provide related content or services including customer support.

Subject to your compliance with these PickUp Terms, PickUp grants you a limited, non- transferable license to: (a) access and use the Application on your personal device for the sole purpose of utilizing the PickUp Services; and (b) access and use any content, information and related materials that may be made available through the PickUp Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by PickUp and PickUp’s licensors.

PickUp explicitly makes no representations as to the availability of insurance coverage for either Third Party Contractors or Requesting Parties. Users of the PickUp Services are responsible for ensuring adequate insurance coverage is in place prior to utilizing the PickUp Services, and PickUp shall not incur any liability on the basis of underinsured or uninsured individuals utilizing the PickUp Services.

Indemnity

By using the PickUp Services, you agree to indemnify and hold harmless PickUp and its officers, directors, employees and agents from all claims and/or liabilities, and expenses (including reasonable legal fees) arising in connection with or as a result of: (a) your use of the PickUp Services; (b) your breach or violation of any of these PickUp Terms; or (c) your violation of the rights of any third party (“Losses”).

Payment

You understand that PickUp does not provide any payment methods for the services provided by Third Party Contractors to Requesting Parties. Third Party Contractors and Requesting Parties are solely responsible for completing payment for the Home Services provided, on such terms as may be agreed upon between said parties (the “Transaction”). PickUp explicitly makes no representations as to the appropriateness of fees charged by Third Party Contractors or requested by Requesting Parties. Users of the PickUp Services are responsible for assessing the reasonableness of fees involved in the Transaction. PickUp does not impose any form of cancellation fee, nor fees, reimbursement, credits, or other compensation for deficient work.

DISCLAIMER

THE PICKUP SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PICKUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE PICKUP TERMS AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PICKUP SERVICES.

PICKUP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY CONTRACTORS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PICKUP SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. PICKUP DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY CONTRACTORS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF PICKUP.

LIABILITY

Limitation of Liability

PICKUP 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 PICKUP SERVICES. FOR GREATER CERTAINTY, PICKUP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PICKUP SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PICKUP SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY CONTRACTOR OR REQUESTING PARTIES.

THE PICKUP SERVICES MAY BE USED BY YOU TO (A) REQUEST AND SCHEDULE HOME SERVICES WITH THIRD PARTY CONTRACTORS AND (B) OFFER AND COMPLETE HOME SERVICES FOR REQUESTING PARTIES, BUT YOU AGREE THAT PICKUP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE COMPLETION OF ANY HOME SERVICES (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INJURY TO PROPERTY OR PERSON DURING THE COMPLETION OF, OR FOLLOWING THE COMPLETION OF, ANY HOME SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER SETOUT HEREIN ARE LIMITED WHERE REQUIRED BY LAW SO AS TO PROVIDE THE MINIMUM RIGHTS TO YOU REQUIRED UNDER SUCH LAW.

Governing Law

By utilizing the PickUp Services, you acknowledge attorning to the law of Alberta (or Quebec if you are a resident of Quebec) with respect to the enforceability and application of these PickUp Terms.

General

If any provision of these PickUp Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these PickUp Terms but the legality, validity and enforceability of the other provisions in these PickUp Terms shall not be affected.

These Terms shall form the entire agreement between PickUp and any party utilizing the PickUp Services and shall replace any oral or written agreement made between PickUp and such individuals and shall govern the legal relationship between PickUp and such individuals entirely.

PRIVACY NOTICE

This notice serves to inform individuals about the collection and use of date by 2326237 Alberta Ltd. operating as PickUp and any agents, affiliates, or other individuals with the capacity to contract on behalf of 2326237 Alberta Ltd. (collectively, “PickUp”) and is applicable to independent third party contractors using PickUp Services (“Third Party Contractors”), and individuals using PickUp (“Requesting Parties”). Third Party Contractors, Requesting Parties, and any other individuals utilizing PickUp Services are referred to herein as “Users”.

This Notice is expressly subject to the laws of the governing jurisdiction, and does not purport to negate or alter such laws, except where and to the extent permitted by applicable law in said governing jurisdiction.

PickUp may collect date from the following sources:

  • Data inputted by Users, which may include User demographic information, User contact information, User reviews and ratings, and User pictures and settings inputted into the PickUp app;

  • Data gathered from Users’ use of PickUp Services, which may include locations where work is completed, type of work being completed, dates and times of work being requested and completed, usage of various app pages, app and system performance, details regarding devices used to access the PickUp app, and communication between Users on the PickUp app;

  • Data from other sources outside of Users, which may include information regarding referral programs, dispute resolution, information received from PickUp business partners and affiliates, information provided in relation to fraud detection and prevention, data imported from public data bases.

PickUp uses data to enhance app performance, enhance and customize User experience, prevent fraud and unintended or unauthorized use of PickUp Services, troubleshooting and customer service, marketing/advertising, and where required for legal proceedings. PickUp uses data for the aforementioned purposes on the basis such uses are necessary to provide the services PickUp is contractually obligated to provide to Users, and necessary to ensure the safety and security of Users, the proper functioning of the PickUp app, the development and improvement of services offered by PickUp, and responding to claims or disputes regarding the provision of PickUp Services.

PickUp may use cookies and other third party data collection services on its app and website. Cookies are small files of information that a web server generates and sends to a web browser, and may be used by PickUp to store User account information, remember User setting preferences, and analyze data and User trends to optimize app performance.

PickUp may share the data it collects with other Users, subsidiaries and affiliates, or for legal reasons and dispute resolution. PickUp may also utilize User data for uses not contemplated in this Notice where consent is obtained by a User for such use.

PickUp retains data for such time as is reasonably required in order to facilitate the intended use of such data, and/or in order to comply with relevant laws and requirements. Upon a user request to delete data, PickUp shall promptly comply with the same, limiting the retention of that requesting User’s data to such uses as are necessary for security, fraud prevention, and any legal obligations PickUp may be required to fulfill.

PickUp may be required, for business or legal purposes, to transfer User data from one legal jurisdiction to another.

This Notice shall continue to apply in the event of such change in jurisdiction, modified only where and to the extent necessary to comply with the jurisdiction to which it is transferred. This Notice may be updated from time to time. Where allowable by law, continued use of the PickUp app and/or PickUp Services following such update shall be construed as acceptance of the updated Notice.