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Welcome to happyant.ca (the "Website"), a website owned by Happyant ("Happyant" and sometimes referred to as "we", "us" or "our"). These terms and conditions constitute an agreement between you (“you”, “user”) and Happyant (the "Agreement"). This Website is a service that offers a free Canadian Online Job Auction site that helps the user find trusted trades and businesses. This Agreement, among other things, describes your access and use of the Website and related services offered by Happyant on or through the Website (the "Services"), including various terms, conditions and restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use. By accessing, browsing, and/or using this Website, you are signifying your consent to be bound by this Agreement. If you do not agree to be bound by this Agreement, exit the Website and do not use any of the Services or Website resources.
Happyant is an Internet platform for auctioning Jobs services by the Businesses/trades. The user enters a job search and obtains quotes by various contractors or service providers and accepts one of the offers. The customer or user can then choose between the quotes or bids.
User: an individual who has registered with Happyant by setting up a membership account and by entering into a Membership Agreement, posts a Job search on Happyant and a bid procedure begins. The search or bidding ends when the User accepts a bid from a tradesman/service provider. The term User can also be referenced herein as a Customer.
Job Search: the whole of the information entered by the User about a Job to be placed by means of the Quotation Procedure, in particular the description of the Job content and the User’s forum entries adding to or amending this description, and further criteria and requirements concerning performance of the Job;
Job: the whole of the trade service or other services for which a Quotation is requested by means of an Enquiry on Happyant including where applicable any supplementary supplies or services such as the delivery of materials to be provided by the Bidder and used to carry out the Job;
Bid: the amount required by a Bidder and posted on Happyant as the price for carrying out a Job, including any additional information entered by the Bidder using the functions provided on Happyant.
Bidder: A trade or business who is a Member who has submitted one or more bids in response to a job search enquiry placed on Happyant.
Fees for Use: The fees charged by Happyant for using this service.
Access and use of our Services is restricted to Users and Bidders who have registered through the Website and created an account for the Website (an “Account”).
A trade or business may only create one Account per business/trade. You agree to:
(a) provide true, accurate, current and complete information about your business or trade, and as otherwise prompted by the Website’s (or relevant Service's) registration form (such information being referred to as the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it accurate, current and complete.
For clarity, the provision of Registration Data is required to create an Account while the provision of other Registration Data is optional.
If the Registration Data is inaccurate, not current, or incomplete in any respect, we reserve the right to terminate this Agreement.
Password and Security: You will receive a password and designation for your Account upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your Account, user name and/or through the use of your password.
You shall (a) immediately notify Happyant if you have reasonable grounds to believe someone has obtained access to your password or someone has made unauthorized use of your Account.
3.1 You shall not use our Services in any way that is unlawful, or harms Happyant.ca its service Providers or any other user.
3.2 You shall not use our Services in any way that breaches the Terms and Conditions.
3.3 You shall not distribute or post spam, chain letters, pyramid schemes, or similar Communications through the Services.
3.4 You shall not impersonate another person or entity or misrepresent your affiliation with another person or entity.
3.5 The Terms and Conditions do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
3.6 You shall not be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane or depict pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion.
3.7 You shall not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or Content available through our Services.
3.8 Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from our Services) are strictly prohibited, unless you have received express written permission.
4.1 For purposes of these Terms and Conditions, the term "Content" includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our Services. And all Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted and the User Content is the sole responsibility of the person who originated such User Content. All User Content provided shall be accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations and is provided at your own risk and you are solely responsible for any damage or loss to you or any other party resulting therefrom. Happyant does not guarantee that any Content you access on or through the Services is or will be accurate.
4.3 The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our Services.
5.1Subject to these Terms of Service, we grant each user of our Services nonexclusive, revocable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using our Services. Use, reproduction, modification, distribution or storage of any Content for other other purposes is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial or other use.
5.2 By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby grant us the right and license to use and otherwise fully exploit such User Content in connection with the Website, our Services and our businesses as deemed advisable.
5.3 You grant each user of the Website and our Services a nonexclusive license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, display such User Content, including after your termination of your Account or the Services. By submitting any User Content you hereby do and shall grant us a non-exclusive and perpetual, license to use, reproduce, distribute, display, and perform such User Content solely for the purpose of providing the Services.
5.4 For clarity you represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party or proprietary rights.
6.1 Advertising Data Collected by Third Party Vendors: The advertisements you see on the Happyant.ca Service are served by us or by third-party vendors and these third party services may collect IP address, and phone software and hardware data.
6.2 Third Party Disclaimers: Users to our website may find advertising or other content that link to the sites and services of our vendor third parties. We cannot control the content that appears on these sites and are not liable for the practices performed by websites linked to or from our Site. We cannot warrant that these locations are virus-free and please be aware and take precaution and we encourage you to read the privacy statements of all such sites as their policies may be different.
Happyant.ca provides Our Services "as is”, "with all faults" and "as available”, and the entire risk as to satisfactory quality, performance, accuracy, and effort are with you and to the maximum extent permitted by applicable law, Happyant.ca makes no representations, warranties, or conditions, express or implied and expressly disclaims any and all warranties or conditions, express, statutory and implied.
IN NO EVENT SHALL HAPPYANT.CA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HAPPYANT.CA WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You shall defend and hold Happyant.ca its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use and your use of the Services.
Happyant.ca reserves the right to change these Terms of Use at any time in its sole discretion. Any changes shall be effective immediately upon posting the revised version of these Terms of Use to Happyant.ca properties. Your continued use of the Services after the posting of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Happyant.ca may also alter, suspend, or discontinue the Services at any time to you and/or to others, without notice.
The laws of the Province of Alberta govern these Terms of Use, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the City of Lethbridge in the Province of Alberta for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use.
You acknowledge and agree that the Website and any software provided by Happyant or its licensors used in connection with the access and use of the Website contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. Except as expressly authorized by Happyant or its licensors, you shall not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and non-commercial use provided that:
(i) your account is in good standing and you are in compliance with this Agreement;
(ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials;
(iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available may not be redistributed or provided to any third party. The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are transferred to you or otherwise provided to you on an exclusive basis and Happyant reserves all rights not expressly granted herein.
You hereby grant to Happyant a perpetual right and license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, broadcast, translate, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available to HAPPYANT in conjunction with your use of the Website and/or Services (collectively, "Your Posted Content"). You hereby waive any and all rights you may have in Your Posted Content. You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws.
"Happyant ", "happyant.ca" and the Happyant Logo are trademarks of Happyant. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
Happyant reserves the right to monitor any Content and edit submissions by contributors to ensure compliance with this Agreement and any applicable laws. Happyant further reserves the right to paraphrase or otherwise edit any Content.
While no app can promise complete security, we have incorporated the latest, technical, and physical security procedures designed to protect your personal data. We secure data of users on our website by using SSL 2048 encryption which is the high-security industry standard. We employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. Our firewalls endeavour to protect your information from unauthorized access, use, or disclosure.
You recognize and agree that although Happyant's security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not possible over the Internet, and therefore cannot be guaranteed. As a result, Happyant shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website and/or any Service.
You agree that Happyant, in its sole discretion, may at any time suspend your Account (including, without limitation, any membership) or suspend your access to and use of the Website and/or of any Service, in the event it determines, in its sole discretion, that you have breached this Agreement or have otherwise acted inconsistently with the letter or spirit of this Agreement. Any reinstatement of your Account (including, without limitation, any membership) or above mentioned privileges will be in Happyant’s sole discretion.
This Agreement shall remain in full force and effect until terminated.
Happyant may terminate this Agreement at any time, for any reason, with or without explanation, effective upon Happyant sending written or email notice to you.
Upon termination of this Agreement, your Account will be forthwith terminated and all licenses granted to you herein shall forthwith expire. You shall not be entitled to receive any refund for any fees you have paid to Happyant nor will Happyant be in any other way or manner liable to you with respect to any prepaid Services or with respect to termination generally.
All licenses and rights you have granted to Happyant shall survive termination of this Agreement. For clarity, Happyant may continue to publish and display any comments, reviews, anecdotes, ratings, endorsements, and other feedback that you have submitted.
Your obligations confidential and/or proprietary information and/or materials, and your obligations to indemnify and hold Happyant harmless shall also survive termination of this Agreement.
Happyant is based in Canada, and, regardless of where you use our Services; the data provided may be transmitted to and maintained on servers located in Canada or other countries. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in Canada and other countries.
We adhere to the Canada Child Protection Laws. We will endeavour not market our services or products in any way that exploits children, nor collect information from children under 12 without first obtaining the permission of a parent or guardian.
For United States Users to our website, we adhere to the Children's Online Privacy Protection Act of 1998 (COPPA). This applies to commercial websites that are directed at children under 13 or, even if not so directed, knowingly collect information from children under the age of 13.
The parties have requested that this Agreement and all documents contemplated hereby only be drawn up in English.
Payment of Fees: Businesses and trades will be charged 6%-3% percentage of the job quotation. The Businesses and trades will pay Happyant using the Stripe payment system. The Contractor will have ten (10) days to pay the required fees.
You acknowledge and agree that you Registration Data will be used to create a business profile for you and your business (a “Profile”) with respect to which other users may post comments, anecdotes, feedback, reviews, ratings, rankings, testimonials, recommendations, referrals, rebuttals, and other information (collectively, “Feedback”).