The Ezi App Platform is a Mobile-based platform that enables connections between Service Providers and Customers. “Customers” are individuals and/or businesses seeking to obtain short-term services (“Service Request”) from Service Providers and are therefore Customers of Service Providers, and “Service Providers” are businesses seeking to perform Service Requests for Customers. Customers and Service Providers together are hereinafter referred to as “You, Users.” As used in this Agreement, “www.ezi-app.com “, “we,” “us,” and “our” shall mean Ezi App and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Ezi App for its services or otherwise.
By using any of the Services and the App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the App and the Services. The terms form a legally binding agreement between you and www.ezi-app.com in relation to your use of the App and/or the Services and apply to all users of the Services, whether registered or not, on the App.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our App and/or through the Services, and you agree to be bound by such modifications or revisions. Although Ezi App may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access and use of our App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
The Service Provider hereby agrees that Ezi App shall be in active mode during the performance of the Service without being any exceptions whatsoever.
Account shall mean the account created by the User on the Application.
Booking shall mean the accepted and allotted Service Request.
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.
App shall mean the mobile application “Ezi App “, as updated by Ezi App from time to time.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Ezi App.
Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
Ezi App Content means all Content that Ezi App make available through the App, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Service Provider Content.
Collective Content means User Content and Ezi App’s Content.
Scope of Service
Ezi App platform allows users who need help completing a variety of Service Requests such as home cleaning assembly, lawncare, moving, and other general Service Requests. Ezi App is passive platform will not, under any circumstances, create an employment or other service relationship between Ezi App and the Service Provider, nor will it create an employment relationship between the Customer and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Ezi App.
While using the Ezi App Platform, Customers, in their sole discretion, determine whether they will be present or not when a Service Request is performed. Customers who elect not to be present when a Service Request is performed agree that if someone other than them books the Service Request on their behalf or is present when the Service Request is performed, they are appointing that person as their agent and the Service Provider may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him or herself. If you are a Customer’s Agent and accessing and using the Ezi App Platform on behalf of a Customer, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents.
Although we do not control Service Providers work product or behaviour on the job site, Service Providers are required, as a condition of being part of our community to adhere to certain basic conduct standards such as professional conduct, reliability, honesty and good workmanship. Service Providers are not permitted to represent themselves as our employees or that they have the ability to bind us to certain actions. If any Service Provider does so, we encourage the Customers to please inform us promptly. Service Providers are solely responsible for determining the means and manner of performing the Service Provider Services to Customers, and you understand that we do not have any control over or any oversight of how Service Providers deliver the Service Provider Services. We are not responsible for delivering on or completing any Service Requests and we are not responsible for and will not be liable in any way for any acts or omissions of Service Providers and/or their employees or personnel. We do not endorse, validate or verify the qualifications, skills or licenses of any Service Providers nor will we be responsible for the performance, actions or inactions of any Service Providers. You should therefore ensure that you carry out your own searches and ask questions of Service Providers and/or their employees, and other personnel, to satisfy yourself of their credentials and ability to perform the services you need performed, prior to engaging any Service Provider for Service Provider Services.
By creating an account, you agree to: (i) provide accurate, current, and complete account information; (ii) maintain the security of your password, not share your password with any other person, and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to Ezi App if you discover or otherwise suspect any security breaches related to the Services.
It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
We allow You to open only one Account in association with the Registration Data provided by You.
You acknowledged and agree that any Content you place on the Service may be viewed by other Customers/Service Providers and may be viewed by any person visiting or participating in the Service which may result in forming an opinion about you. However, visitors shall be able to view only limited information about your profile such as your Customer Reviews, Hourly Rate, Profile Picture and any other non-private data.
You agree and accept that all of the information you provide to Ezi App when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
Users may be subject to a review process before they can register for and during their use of the Ezi App Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Ezi App may perform Background Checks, Ezi App cannot confirm that each User is who they claim to be, and Ezi App cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
On receipt of a Service Request, Booking will be allotted to the Service Provider on the Device or in such other manner as may be agreed between the Service Provider and Ezi App from time to time.
The Service Provider shall duly complete all Bookings allotted in connection with the Services and promptly notify Ezi App immediately by means of short message service / telephonic calls of any changes/deviations to the Booking, which may affect the provision of the Service.
In the event the Service Provider requires any assistance in connection with the Portal, Service Requests, Service, etc. therein, he/she should contact the Ezi App. If the assistance pertains specifically to the App or anything therein, then such issue may be directed to the Ezi App support.
Once a Booking is allotted, Ezi App will provide the Service Provider with the necessary Customer information to enable the Service Provider to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of the Clause below.
The Service Provider may check-in up to five (5) minutes before the start of the appointments with the Customer.
If a Service Provider fails to show up on time or late for more than fifteen (15) minutes to perform a Service Request assigned to him/her, Ezi App has the right to suspend the Service Provider and charge up to 100% of the Service Request value from the Service Provider’s earnings or recover this from him/her. Ezi App’s decision will be final.
After the arrival of the Service Provider for the set appointment, the Customer shall ensure the commencement of the Service Request task by no later than fifteen (15) minutes. In the event, Customer fails to do the same he/she shall be charged with a penalty of up to 100%
The customer shall deposit the estimated cost of the Service Request before choosing the Service Provider. If the cost of Service Request turns out to be more than the estimated cost, the Service Provider can request for the extension. The extension request must be accepted by the Customer within ten (10) minutes from any such request made. In the event Customer fails to accept the extension request within (10) minutes the job shall be considered completed. The Customer will be charged the final amount of the Services to the Customer’s payment card that we have on file. The Customer will be charged a payment processing fee as well (if any).
Obligations Of The Service Provider
The Service Provider shall ensure and confirm that he/she understands the language of the Customer and shall ensure that he/she chooses the language that he/she best understands from amongst the languages that the Ezi App supports.
The Service provided through the Portal by the Service Provider shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of Ezi App. The Service Provider shall be liable for any loss caused to Ezi App and/or the Customer due to negligence of the Service Provider in the performance of the Service.
The Service Provider shall provide the Service to the Customers in a courteous, effective and timely manner.
The Service Provider shall not undertake or assist in any unlawful or illegal activity while performing Services.
The Service Provider understands the creation of a business on Ezi App simply refers to a group of individuals and not the creation of legal business registration.
The Service Provider or any Service Provider shall ensure the safety and security of the Customers, his own self at all times.
The Service Provider shall immediately bring to the notice of Ezi App any deviation from the provision of the Service/s as required under the terms of these Service Provider T&C, including but not limited to any accidents, damage to life or property.
The Service Provider agrees that any breach of the Service Provider T&C’s by him/her is likely to cause Ezi App substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available Ezi App shall have the right to specific performance and injunctive relief.
The Service Provider will have a functioning mobile number and have the ability to read text messages sent by Ezi App, regarding the Customer details and to convey Customer feedback.
Service Provider hereby acknowledges and agrees that Ezi App shall alone be responsible for settling any payment related issues between Customer and Service Provider. In case of any conflict, the Service Provider shall seek instructions from Ezi App. The Service Provider agrees that the decision taken by Ezi App shall be final and binding on the Service Provider in the aforesaid case.
Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Service Provider. The Service Provider shall immediately inform Ezi App in case of any cancellation or refusal of allotted Booking. Further, the Service Provider hereby agrees such cancellation or refusal to provide Service may, lead to a deduction in form of withholding of part or whole of the Service Provider Proceeds.
The Service Provider, shall not either directly or indirectly:
Service Providers shall:
The Service Provider hereby agrees that any complaint/s by Customers regarding Service Provider will be considered to be a breach of the obligations by the Service Provider hereunder for which Ezi App shall not be responsible in any manner. If there is any serious complaint regarding any particular Service Provider, Ezi App may, in its sole discretion, immediately terminate the Account of such Service Provider, by providing written notice to Service Provider to this effect.
Representations and Warranties of Users
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Ezi App will not be liable for any false or misleading statements made by Users of the Ezi App Platform.
The Service Provider represents and warrants that the Service Provider has not been convicted by any court in Canada for any cognizable offense or an offense punishable with imprisonment for more than 3 years, under the laws of Canada.
NEITHER EZI APP, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE EZI APP PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EZI APP AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EZI APP PLATFORM.
All Users represent and warrant that:
Service Providers additionally represent and warrant that:
For any of the following purposes, the list is illustrative not exhaustive, the Ezi App platform may not be used:
By posting a Service Request, the Customer agrees to pay the Service Request fee when selecting the Service Provider for that Specific Request. Payments are done only using Credit, Debit cards or Stripe. The Service Request Fee is exclusive of taxes.
Ezi App reserves the right to change the Service Fee or implement charges for other features of the Service as indicated to Users from time to time. Any revised fees will take effect 7 days from the date of posting on the Website or notification to your account.
Service Providers are not allowed to take cash from Customers for any Service Requests completed in connection with the Website or Service, and Customers should notify Ezi App if any Service Provider requests cash payments for the Service Provider Services. All Service Requests are dealt as credit Service Requests, i.e. the estimated cost is pre-approved at the time of posting of the Service Request. Ezi App has the right to withhold payments from Service Providers if there are any complaints or disputes between the Service Provider and Customer. Ezi App will mediate all disputes between Customers and Service Providers and Ezi App’s decision will be deemed as final and cannot be challenged. Service Providers are NOT allowed to contact Customers directly in the event of a dispute.
Subject to the cancellation policy below the Service Request bookings shall be considered final. In the event that a Customer is entitled to a refund, the Service Provider will be liable for the same, meaning that if a Customer is entitled to a refund and initiates a chargeback or refund, the Ezi App will charge the Service Provider the complete amount of the chargeback for the applicable transaction.
The term “Confidential Information” shall mean any and all of Ezi App’s trade secrets, confidential and proprietary information, and all other information and data of Ezi App that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Ezi App or Ezi App’s business, operations or properties, including information about Ezi App’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
The Service Provider acknowledges that pursuant to this Agreement, the Service Provider will have access to confidential information of Ezi App and its affiliates, which has been provided by Ezi App. The Service Provider undertakes to keep confidential all data and other confidential information of Ezi App and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Service Provider by Ezi App or Portal users, as the case may be, but not be limited to App users details (i.e., Personal Information and sensitive personal information as defined under the PIPEDA phone numbers, market information, all work products and documents related thereto, the contents of the App / Portal or any other information, whether provided orally or in writing, received or to be received by the Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of Ezi App (“Competitor”). In the event, Ezi App becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, Ezi App can claim such direct and indirect damages as it may suffer due to such losses.
The Service Provider agrees and undertake to indemnify and to hold harmless Ezi App and other parties determined by Ezi App, Ezi App affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Service Provider of the Service Provider’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Service Provider T&C; (ii) any infringement or unauthorized use of intellectual property rights of Ezi App including but not limited to infringement of intellectual property rights of Ezi App in the App (iii) any breach of the confidentiality obligations of the Service Provider under this Agreement or Service Provider T&C; (iv) any violation of Ezi App policies by the Service Provider; (v) any harm to the reputation and goodwill of Ezi App directly attributable to the Service Provider; and (vi) damage, unauthorized use or loss of the App.
Relationship between Service Provider and Ezi App
During the Term of this Agreement, the Service Provider shall operate as and have the status of an independent contractor and shall not act as, be, or construed to be an agent or employee of Ezi App. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Service Provider and Ezi App at any time, under any circumstances, or for any purpose. Therefore, the Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by Ezi App. The Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
You are responsible for your own statutory remittances, such as income taxes and Employment Insurance and certain other insurance coverages, as you are not an employee of Ezi App.
If You determine that the working conditions are unsafe, you should notify Ezi App and may withdraw from the situation without breaching of the Agreement. You are responsible for Your own safety.
The Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of Ezi App. The Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between Ezi App and any third party or act for or bind Ezi App in any respect. Any act of the Service Provider on behalf of Ezi App which may be regarded as over and above the duties and responsibilities as provided in this Agreement shall be deemed to be unauthorized, unlawful and the Service Provider shall be personally liable for the same.
USERS HEREBY ACKNOWLEDGE THAT EZI APP DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICE REQUESTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Ezi App Platform to a Service Provider being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Ezi App of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they contact or interact with via the Ezi App Platform.
The Ezi App Platform enables connections between Users for the fulfillment of Service Requests. Ezi App is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Service Requests, Service Providers, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Ezi App makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Service Requests requested or services provided by, or the communications of or between, Users identified through the Ezi App Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
When you send an e-mail or chat electronically with Ezi App, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures, and other communications that Ezi App provides to you electronically satisfy legal requirements that such communications be in writing.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Ezi App or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Ezi App will not be liable on account of any inaccuracy of information on its App. It is the responsibility of the User to further research the information on the App. The user undertakes not to duplicate, download publish, modify and distribute material on Ezi App unless specifically authorized by Ezi App in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Third Party App/website Links, Content And Services
The App and Content available through the App may contain links to other third-party Apps/website (“Third Party Apps“) such as third-party payment processors. If you link to Third Party Apps, you may be subjected to those Third-Party Apps’ terms and conditions and other policies. Ezi App makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party App, and your linking to any other App is completely at your own risk and Ezi App disclaims all liability thereto.
Any and all contents and services (including advertising) within Ezi App that are not owned by Ezi App are “third party content and services.” Ezi App acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Ezi App may include links to Apps operated by third parties, including advertisers and other content providers. Those Apps may collect data or solicit personal information from you. Ezi App does not control such Apps, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Apps may collect.
Ownership and Intellectual Property
This App and all content forming part of the App, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada.
You acknowledge and agree that Ezi App owns, controls or is licensed all legal right, title and interest in and related to the App, including all intellectual property rights. You may not:
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at https://ezi-app.com/contact/
Reliance on Information Posted
The information presented on or through the App is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
Limitation of Liability
EZI APP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EZI APP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT EZI APP SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY EZI APP FROM ITS FACILITIES IN CANADA. EZI APP MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EZI APP IS TO STOP USING THE EZI APP PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR EZI APP ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE EZI APP NOR ANY PERSON ASSOCIATED WITH THE EZI APP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE APP WITHOUT LIMITING THE FOREGOING, NEITHER THE EZI APP NOR ANYONE ASSOCIATED WITH THE EZI APP REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR SERVICE PROVIDERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF EZI APP. AND EZI APP CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE EZI APP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Ezi App, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Ezi App or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Ezi App shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Ottawa, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at https://ezi-app.com/contact/