These terms of use ("Terms") constitute a legal agreement between persons wishing to contract professional services ("Customers") and CasApp Inc. and between independent service providers to Users ("Professionals") and CasApp Inc. These Terms govern your use of our service platform which facilitates communications between Users and Professionals and which is offered via our website located at www.casapp.ca, under our mobile application under Google Play and our mobile application under Apple Store, as it may be modified, moved and/or redirected from time to time. Our services, platform, website and mobile applications are collectively referred to as the "CasApp Application". The terms "you", "your" or "their" refer to the user or the professional as the case may be.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the terms "included / To" and "include" mean "included, by way of example and without limitation".
Your access and use of the CasApp Application constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and CasApp Inc. If you do not agree to these Terms, you may not access or use the CasApp Application.
These Terms expressly supersede any prior agreements or understandings with you. CasApp Inc. may immediately terminate these Terms with respect to you, or cease offering or denying access to the CasApp Application or any portion thereof, at any time and for any reason.
CasApp Inc. may modify the Terms relating to the CasApp Application from time to time. Modifications will be effective upon CasApp Inc.'s posting of the updated Terms at this location, the modified policies, or the supplemental terms and conditions of the corresponding service(s). Your continued access or use of the CasApp Application after such posting constitutes your consent to be bound by the Terms and any modifications there to:
2.1 The application is only a space.
The CasApp Application is an IT marketplace where Users and Professionals can identify themselves and buy and sell services online. These specific services requested by Users, which must be performed by professionals, are hereinafter referred to as "Professional Services". In accordance with the terms of this Agreement, CasApp Inc. offers services to Users and Professionals, including hosting and maintenance of the CasApp Application, and permits the conclusion of Contracts between Users. When a User and a Professional enter into a User Agreement in accordance with sub-section B below, the User and the Professional use the CasApp Application to engage, communicate, invoice and pay online.
Unless otherwise specified by CasApp in a separate written agreement with you, the CasApp Application is made available to you solely for your personal, non-commercial use. CasApp does not provide any professional services itself. All professional services are the responsibility of the professionals.
CasApp, through the CasApp application, provides information and a method for obtaining such professional services, but does not provide or has not limited any warranties of fitness for a particular purpose or compliance with laws, regulations or codes. CasApp Inc. is not affiliated with, endorsed or sponsored by any third party provider.
2.2 Services between users (a customer and a professional)
Upon the User's assignment of a service to a Professional and the Professional's acceptance on the CasApp Application, the User and the Professional will be deemed to have entered into a contract (the "User Agreement"), under which the User agrees to purchase and the Professional agrees to provide the Professional Services. The User and the Professional may enter into an agreement with each other outside these Terms, provided that you undertake not to enter into any contractual provision contrary to these Terms.
You are solely responsible for ensuring that you fulfill your obligations to professionals. If you fail to do so, you may be liable to the professional in question. You must ensure that you are familiar with all Canadian and Quebec laws, international laws, rules, ordinances and regulations pertaining to you as a User or any other use you make of the CasApp Application.
If a Professional does not fulfill any obligation to you, or causes damage to you, your property or your rights, you are solely responsible for exercising any rights you may have. For the avoidance of doubt, we have no responsibility to exercise any rights under any contract between users or to cause any damage to your person, property or rights caused by any Professional.
2.3 Commitment of the "Professional"
2.4 User veto
Professionals may be subject to a veto process prior to their registration and during their use of the CasApp Application. Although CasApp Inc. may perform background checks on Professionals, CasApp Inc. cannot confirm that each Professional is who he or she claims to be and, therefore, CasApp Inc. cannot and does not assume any responsibility for the accuracy or truthfulness of the identity, background check information or information provided via the CasApp Application.
By using the CasApp application, you agree to release CasApp inc. from any liability or damages that may result from the professional services. CasApp Inc. is not responsible for the conduct, whether online or offline, of any user, including professionals, and will not be liable for any claims, injuries or damages arising in connection with the professional services.
2.5 License
Subject to your compliance with these Terms, CasApp Inc. grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to:
2.6 Restrictions
You may not:
2.7 Property rights
The CasApp Application and all rights therein are and shall remain the property of CasApp Inc. or CasApp's licensors. Neither these Terms nor your use of the CasApp Application will transfer or grant any rights to you: On or in connection with the CasApp Application, except for the limited license granted above. To use or refer in any way to the company names, logos, product and service names, trademarks or service marks of CasApp Inc. or CasApp Inc. licensors.
In order to use most aspects of the CasApp Application, you must register and maintain an active personal user services account ("Account"). You must be at least 18 years old, or have reached the legal age of majority, to obtain an Account. Account registration requires that you submit certain personal information to CasApp, such as your name, address, cell phone number and age, as well as at least one valid method of payment (a credit card or an accepted payment provider). You agree to keep your Account information accurate, complete and up-to-date. Failure to maintain accurate, complete and current Account information, including registering an invalid or late payment method, may result in your inability to access and use the CasApp Application or the termination of this Agreement with you by CasApp Inc.
You are responsible for all activities that occur under your Account, and you agree to maintain the security and confidentiality of your Account username and password at all times. Unless otherwise authorized in writing by CasApp Inc. you may have only one Account. Professional profiles must accurately reflect the professional's experience, skills and personal information.
3.1 User requirements and conduct
The Service is not available for use by persons under the age of 18. You may not authorize others to use your Account, and you may not allow anyone under the age of 18 to receive or provide any professional services unless they are in your business. You may not assign or transfer your Account to any person or entity. You agree to comply with all applicable laws when using the CasApp Application (including, but not limited to, all applicable labor laws), and you may only use the CasApp Application for lawful purposes (for example, none may be used to transport dangerous or illegal goods). When using the CasApp Application, you will not cause any problems, inconvenience or property damage, either to freelancers or to any other party. In some cases, you may be required to provide proof of your identity to access or use the CasaApp Site, and you agree that access or use of the CasaApp Site may be denied if you refuse to provide proof of your identity.
3.2 Devices and network access
You are responsible for obtaining the data network access necessary to use the CasApp Application. Your mobile network's messaging and data rates and charges may apply if you access or use the CasApp Application from a wireless device. You are responsible for acquiring and maintaining compatible devices or hardware necessary to access and use the CasApp Application and applications and any updates thereto. CasApp Inc. does not warrant that the CasApp Application, or any part thereof, will operate on any particular device or hardware. Similarly, the CasApp Application may experience malfunctions or delays inherent in the use of the Internet and electronic communications.
Users understand that use of the CasApp Application may result in charges for services or products received from a Professional ("Charges"). After a User has received Services obtained through the use of the Service, CasApp Inc. will collect payment from you of the corresponding Charges on behalf of the Professional, as the Professional's limited collection agent. Payment of the Fees so made shall be treated in the same manner as payment made directly by the User to the Professional. Fees include applicable taxes, as required by law. Fees paid by the User are final and non-refundable, unless CasApp Inc. in its sole discretion decides otherwise (see also the last paragraph of this Section 4). The User and the Professional each retain the right to request a modification of the Fees for services or products received by the User from the Professional, and such modified fees for a particular service shall become the new fees if a substantial portion of the modification is accepted by the User and the Professional.
All fees must be paid immediately and payment will be collected by CasApp Inc. via the preferred payment method indicated in the user's account, CasApp Inc. will send the user a receipt via e-mail. If it is determined that the primary payment method in the User's Account has expired, is invalid, or for any other reason cannot be used for collection, the User agrees that CasApp Inc. may, in its capacity as the Professional's limited collection agent, use a secondary payment method in the User's Account, if one exists. The Professional agrees that CasApp Inc. may act as collection agent under this Section 4. In accordance with CasApp Inc.'s rights under these Terms (including the paragraph below), CasApp Inc. will generally require payment from a User prior to the provision of the corresponding Professional Service and will remit payment to the Professional after the User has confirmed that the Professional Service has been performed; it being understood that, Notwithstanding anything to the contrary contained in these Terms, CasApp Inc. shall in no event be liable for non-payment or late payment by Users.
In accordance with sections 6 and 7 of these Terms (on limitation of liability, indemnification of CasApp Inc. and CasApp Inc.'s right to elect whether or not to litigate between Users and Freelancers), in its relationship with CasApp Inc. CasApp Inc. reserves the right to
5.1 Warning
Services purchased or offered (whether through referrals and suggestions or otherwise) via the CasApp Application (including, but not limited to, professional services) ("CasApp Services") are provided "AS IS" and without warranties of any kind from CasApp Inc. The CasApp Services are provided "as is" and are "subject to availability". Your use of the CasApp services is at your own risk. To the maximum extent permitted by applicable law, the CasApp services are provided without warranty of any kind, either express or implied, including, but not limited to. Notwithstanding the foregoing, CasApp Inc. and its licensors do not warrant that the content is accurate, true or correct; that the services will meet the needs of users; that the services will be available at a particular time or place, without interruption or in complete safety; that defects or errors will be corrected; or that the services are free from harmful components. CasApp Inc. does not warrant the quality, suitability, safety or ability of professionals. The user agrees that the entire risk arising from their use of the services and any services or products requested in connection therewith remains solely with the user's account to the maximum extent permitted by applicable law. You agree that CasApp Inc. shall not be liable for your actions or omissions or the actions or omissions of any user or integral.
5.2 Limitation of liability
CasApp Inc. shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of revenue, loss of data, personal injury or damage to property or proprietary relationships. Of the possibility of such damages. CasApp Inc. shall not be liable for any damages, losses or casualties arising:
CasApp services may be used to order and schedule logistics services with professionals, but you agree that CasApp Inc. has no liability to you with respect to services offered to users by professionals (including non-payment) more than expressly stated in these terms.
The limitations and disclaimer set forth in this Section 5 are not intended to limit liability or modify any rights of the user as a consumer that may not be excluded under applicable law.
CasApp Inc. does not guarantee the proper functioning of its casapp.ca site and its mobile applications. Indeed, it is possible that errors, bugs, server shutdowns, or other technical problems occur beyond its control. In such a case, CasApp Inc. will make all necessary efforts to restore its service quickly, but no guarantee can be given on the time frame for resolving this problem, as well as on our ability to resolve the problem(s) in question.
The user understands and accepts that CasApp offers a web and mobile service which is limited to connecting professionals and clients, according to an obligation of means and not of result. Regardless of whether he is a client and/or professional (expert), the user acknowledges and accepts that he himself is entirely responsible for his interpersonal and/or commercial relations with other users. The member acknowledges that use of the casapp.ca site and its mobile applications is at his own risk, and that CasApp Inc. offers no guarantee at any level whatsoever.
Under no circumstances will CasApp Inc. nor any of its shareholders, officers, affiliates or representatives be liable for any direct or indirect damage resulting from the services offered on www.casapp.ca or on our mobile applications, or from the failure to provide or correct one or more of the service(s) of www.casapp.ca or our mobile applications.
The liability of CasApp Inc. for any damage that may result from the use of its platforms is expressly limited to the amount of fees paid by the member on casapp.ca or on our mobile applications, and this, strictly for the period of default of the service. Technologies CasApp inc will not be held responsible under any circumstances for loss of profits, loss of data or any other direct or indirect damage that may result from the use of casapp.ca and our mobile applications by the user.
The professional undertakes to indemnify CasApp inc and to hold harmless CasApp inc, its shareholders, its managers, affiliates or representatives, from any complaint, action, or claim for damages brought by a third party, client or another user and relating to the services offered on casapp.ca and its mobile applications, as well as for any direct or indirect damage which could result from non-compliance with the law or a regulation, a contravention of these terms and conditions, or dissatisfaction of any kind on the part of a customer.
CasApp inc does not offer any guarantee to the professional as to the exact or complete nature of the information coming from third parties or included on third party sites to which access or a link exists on the CasApp inc website, nor about the security or terms of protection of personal information offered by such external sites. The use of third party applications such as the Stripe payment platform on the website is subject to the terms of use of these applications.
5.3 Compensation
The member agrees that in no case will CasApp inc be considered as the agent of a professional, and that neither CasApp inc, nor any of its shareholders, officers, affiliates or representatives will be responsible for any loss or damage resulting from any delay in providing or failure to provide goods or services obtained through the casapp.ca site or our mobile applications, or in connection with the quality of these goods or services or having been caused in the context of execution of any transaction between an expert professional and a client member. Any complaint relating to these subjects must be directed against the professional expert in question. In the case of such claims, CasApp inc reserves the right to withhold the sums deposited or paid on behalf of the professional member, and to release these sums only upon agreement between the parties or upon order of a court or a competent arbitrator.
Your interactions with organizations and/or individuals found on or through the CasApp Application, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such communications are solely between you and such organizations and/or people. You should make whatever investigation you consider necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that CasApp Inc. will not be responsible for any loss or damage of any kind incurred as the result of any such communications.
In the event of a dispute between Users and/or Professionals, or between Users and/or Professionals and any third party, you agree that CasApp Inc., in its sole discretion, may determine the amount of Fees and to whom to pay them in accordance with to Article 4, it being understood that CasApp Inc. will under no circumstances be obliged to intervene in these disputes. With respect to disputes with other users or professionals, you hereby agree to hold CasApp Inc. harmless from any claims, demands and damages, actual and consequential, of any nature, known and unknown, relating to any such dispute or our decisions in this regard.
These terms and conditions as well as the website and its mobile applications may be modified or suspended by CasApp inc at its sole discretion and without notice.
These terms and conditions and the content of the website, as well as any transaction between a professional and CasApp inc or another user, are governed by the laws of the province of Quebec, and any conflict that may arise therefrom will be submitted on an exclusive basis to the courts of Quebec (Judicial District of Quebec). Also, at the sole discretion of CasApp inc, any claim or conflict arising from the interpretation, application, execution, validity, termination or effects of these terms and conditions or which may be related to these, as well as any conflict between a user and CasApp inc or another user, can also be settled by arbitration in accordance with the law of the province of Quebec (Canada).
In case of problem or dissatisfaction, you can write to info@casapp.ca. Your request will be analyzed and you will receive a response as soon as possible.