2757060 Ontario Inc. ("Company" or "We") respects your privacy and is committed to
protecting it by complying with this policy. This policy describes:
● The types of information we may collect or that app users ("you") may provide when you download, install, register with, access, or use the application (the "App").
● Our practices for collecting, using, maintaining, protecting, and disclosing that information.
We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.
Privacy laws in Canada generally define "personal information" as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.
This policy applies only to information we collect in this App, in email, text, and other electronic communications sent through or in connection with this App.
Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you indicate that you understand, accept, and consent to the practices described in this privacy policy. This policy may change from time to time. Your continued use of this App after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect information about you through:
● Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us.
● Automated technologies or interactions, when you use the App, for example, usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
The types of information that we collect include:
● Personal information that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, email address, telephone number, internet protocol (IP) address, user name or other similar identifier, photo identification, billing and account information, social insurance number, and any other identifier we may use to contact you ("personal information").
● Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. We may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific app feature.
● Technical information, including your login information, device type, time zone setting, and usage details.
Information You Provide to Us
When you download, register with, or use this App, we may ask you to provide:
● Information by filling in forms in the App. This includes information you provide when registering to use the App, subscribing to our service, posting material, and/or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
● Records and copies of your correspondence, including email addresses and phone numbers, if you contact us.
● Your responses to surveys that we might ask you to complete for research or other purposes.
● Details of transactions you carry out through the App and order fulfillment. We may require you to provide financial information before placing an order through the App.
● Your search queries on the App.
You may also provide information for publication or display ("posted") on public areas of the App (collectively, "User Contributions"). You post and transmit User Contributions to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we do not guarantee that unauthorized persons will not view your User Contributions.
Automatic Information Collection and Tracking Technologies
When you download, access, and use the App, it may automatically collect:
● Usage details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
● Device information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
● Stored information and files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
● Location information. This App collects real-time information about the location of your device.
The technologies we use for this automatic data collection may include:
● Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
● Web beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
We may also use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioural tracking). To learn more or to opt-out of tailored advertising please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioural tracking on or through this App and how we respond to browser signals and other mechanisms that help users exercise their choices about behavioural tracking.
The information we collect automatically is statistical information and may include personal information. We may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. This usage information helps us to improve our App and to deliver a more personalized service, including by helping us to:
● Estimate our audience size and usage patterns.
● Store information about your preferences and customize our App according to your individual interests.
● Speed up your searches.
● Recognize you when you use the App.
If you do not want us to collect this information do not download the App or delete it from your device.
Third-Party Information Collection
When you use the App or its content, certain third parties collect information about you or your device. These third parties may include:
● Advertisers, ad networks, and ad servers.
● Analytics companies.
● Your mobile device manufacturer.
● Your mobile service provider.
These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services. They may use this information to provide you with behavioural advertising or other targeted content.
You can opt-out of several third party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
We do not control these third parties' tracking technologies or how they use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
● To provide you with the App and its contents.
● To provide you with information, products or services that you request from us.
● To fulfill the purposes for which you provided it or that were described when it was collected or any other purpose for which you provide it.
● To provide notices about your account/subscription, including expiration and renewal notices.
● To carry out our obligations and enforce our rights in any contracts with you, including for billing and collection or to comply with legal requirements.
● To notify you when App updates are available, and of changes to any products or services we offer or provide though it.
● To improve our App, products or services, or customer relationships and experiences.
● For marketing purposes.
● To allow you to participate in interactive features, social media, or other features on our App.
● To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
● For any other purpose with your consent.
Usage information that we collect helps us to improve our App and to deliver a better and more personalized experience, including by enabling us to:
● Estimate our audience size and usage patterns.
● Store information about your preferences, allowing us to customize our App according to your individual interests.
● Speed up your searches.
● Recognize you when you use the App.
We use location information we collect to connect our users by geographical location.
We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you, as permitted by law.
We may use the information we have collected from you to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
● To our subsidiaries and affiliates.
● According to applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our customers and users is among the assets transferred.
● To contractors, service providers, and other third parties we use to support our business, such as analytics and search engine providers that help us optimize and improve our services. We contractually require these third parties to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process personal information following the same standards set out in this policy.
● To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature, we will transmit the contents of that email and your email address to the recipients.
● For any other purpose we disclose when you provide the information.
● With your consent.
● To comply with any court order, law, or legal process, including to respond to any government or regulatory request, according to applicable law.
● To enforce our rights arising from any contracts between you and us, including the App end user licence agreement (if any), terms of sale, and for billing and collection.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for fraud prevention and credit risk reduction.
TRANSFERRING YOUR PERSONAL INFORMATION
We may transfer personal information that we collect or that you provide us to contractors, service providers, and other third parties we use to support the App (such as analytics providers that assist us with App improvement and optimization) and who are contractually obligated to keep personal information confidential, to use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
We may process, store, and transfer your personal information in and to other countries with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information. Whenever we engage a service provider, we require that its privacy and security standards comply with this policy and applicable Canadian laws.
By submitting your personal information or engaging with the App, you consent to this transfer, storage, or processing.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
● Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies some parts of this App may not be accessible or may not function properly. For more information about tracking technologies, see Automatic Information Collection and Tracking Technologies.
● Location Information. You can choose whether to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may be inaccessible or not function properly.
We do not control third parties' collection or use of your information to serve behavioural advertising. These third parties may provide you with additional choices about how they use your information or ways to choose not to have your information collected or used in this way. You can opt out of several third party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada and/or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
DATA SECURITY
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of our App, you are responsible for keeping it confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any App privacy settings or security measures.
DATA RETENTION
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or aggregate your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
CHILDREN UNDER THE AGE OF 13
Our App is not intended for children under 13 years of age. No one under age 13 may provide any information to the App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this App or on or through any of its features/register on the App, make any purchases through the App, use any of the interactive or public comment features of this App, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@enspireopportunities.com.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
If you are concerned about our response or would like to correct the information provided, you may contact contact@enspireopportunities.com.
If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other App users.
WITHDRAWING YOUR CONSENT
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at contact@enspireopportunities.com. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you make your decision.
CHANGES TO OUR PRIVACY POLICY
We may update our privacy policy from time to time. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page.
We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting this privacy policy to check for any changes.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE
We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact us at:
contact@enspireopportunities.com and/or via our toll-free number: 800-896-2394
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information and our compliance with this policy and with applicable privacy laws. To discuss our compliance with this policy please contact our customer service using the contact information listed above.
1. GENERAL
ENSPIRE PLATFORM TERMS OF SERVICE
1.10 If you do not agree to be bound by this Agreement and abide by its terms, you may not use or access the Enspire Platform.
2. THE ENSPIRE PLATFORM CONNECTS CONTRACTORS AND CLIENTS
2.7 The Enspire Platform hosts User Content relating to reviews and ratings of specific Contractors ("Feedback"). Feedback is such User’s opinion and not the opinion of Enspire, and has not been verified or approved by Enspire. You agree that Enspire is not responsible or liable for any Feedback or other User Content. Enspire encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Enspire is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting us. Each Client should undertake their own research to be satisfied that a specific Contractor has the right qualifications to provide Services.
3. CONTRACT BETWEEN CLIENTS AND CONTRACTORS
3.1 You acknowledge and agree that a legally binding contract with another User (the "Service Agreement") is formed when you and that User agree on the terms of Services to be provided. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Enspire Platform, and any other contractual terms accepted by both the Contractor and the Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Enspire’s obligations or restrict Enspire’s rights under this Agreement. Enspire is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other relationship between Enspire and the Contractor or the Client, nor will it create an employment relationship between the Client and the Contractor. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Enspire. Enspire’s role, beyond enabling connections between Clients and Contractors via its web-based communications platform, is to act as a limited payment collection agent for the Contractor to facilitate payment for Services on behalf of the Contractor through the Enspire Platform. In acting as the limited payment collection agent for Services on the Enspire Platform, Enspire disclaims any other agency or authority to act on behalf of the Contractor, and assumes no liability or responsibility for any acts or omissions of the Contractor, either within or outside of the Enspire Platform.
3.2 The Client shall pay their Contractor(s) in full for all Services via the Payment Processor (defined below) as indicated on the Enspire Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of Services.
4. DEFINITIONS
4.1 The definitions in this clause apply to this Agreement.
“Applicable Laws” means all regional, national, and international laws, regulations and standards applying to the person or circumstances in question, including standards imposed or
notices issued by any governmental or regulatory authorities and all generally applicable industry standards, including those attributable to self-regulation.
“Content” means all information, data, test, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement.
“Data Protection Legislation” means all applicable federal or provincial privacy statutes, regulations, rules, and guidance, relating to the collection, transmission, processing, security, breach and protections of data, and privacy laws, including the Personal Information Protection and Electronic Documents Act and its corresponding regulations, or applicable provincial privacy legislation.
“Intellectual Property Rights” means all rights in all intellectual and industrial property, including all patents, inventions, industrial designs, copyright, trademarks, business names, trade names, domain names, trade dress, designs, know-how, databases, confidential information (including rights of use and protection), and all other intellectual property, and all applications, registrations and common law rights for the any of the foregoing, including all divisionals, extensions, renewals, continuations, continuations in part, and reissues therefor, all goodwill and moral rights in any of the foregoing, all rights to commence passing-off, infringement or other suits or claims, and all similar or equivalent rights or protections which subsist now or in the future in any part of the world.
“Linked Sites” means links on the Enspire Platform that direct users to websites operated and maintained by third parties. For clarity, Linked Sites include social networking sites incorporating content that is partially or entirely contributed to by the Enspire Platform. The contents of each Linked Site should be used in compliance with the terms of use stated therein.
“Payment Processor” refers to any payment processors designated for use on the Enspire Platform such as e transfer, electronic funds transfer (EFT) or Stripe’s payment processing platform.
“Personal Information” has the meaning ascribed thereto it in the applicable Data Protection Legislation.“Trademarks” means all trademarks, trade names, service marks, service names, brands, trade dress, business names, logos, designs, product names, company names, and other marks recognized as trademarks in accordance with Applicable Laws.
“User Content” means all Content provided by Users to the Application or otherwise made available to the Enspire Platform.
“Writing” or “Written” in this Agreement includes all materials provided in writing, in any format, including but not limited to e-mails, texts and any other electronic communications.
“Virus” means any: (i) disabling code, scripts, instruction, device, method or token that permits any person or entity to circumvent the normal security of a computer system; (ii) virus, Trojan horse, SQL injections, time bombs, corrupt files, cancel bots, computer programing routines, backdoor, worm, software lock, bug, fault, device, effect or other contaminant that may, or may be used to, access, modify, delete, damage, disable, detrimentally interfere with, surreptitiously intercept, expropriate, or otherwise adversely affect the functionality of any internal computer systems (including hardware, software, databases or embedded control systems), data or personal information; and (iii) software or hardware which may be used to cause a deleterious effect on the operation of any computer.
5. ABOUT THE ENSPIRE PLATFORM
5.1 Enspire operates as an online marketplace that connects Clients with service providers (Contractors) who wish to perform a variety of Services. Enspire does not perform Services and does not employ people to perform Services. Contractors operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the Services performed for Clients through the Enspire Platform. Enspire does not control or direct the Contractors’ performance of their services or set their work locations or work hours. Contractors provide services under their own name or business name, and not under Enspire’s name. Contractors provide their own tools and supplies to perform their services; Enspire does not provide the tools or supplies. Contractors are free to maintain clients without any restrictions from Enspire and are free to offer and provide their services elsewhere, including through competing platforms. Enspire does not set Contractors’ hours or terms of work. Contractors are free to accept or reject Clients and contracts. Contractors are not penalized for rejecting Clients or contracts, though if Contractors accept a Client or contract through the Enspire Platform, they are expected to fulfill their contractual obligations. Contractors set their own rates for services performed in the Enspire Platform, without deduction by Enspire.
5.2 The Enspire Platform is not an employment or temporary help agency, service or business and Enspire is not an employer of any User. Users acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
5.3 We will not be liable to you for any reason if the Enspire Platform is unavailable or inaccessible to you at any time or for any period.
5.4 You must register with Enspire and create an account to use the Enspire Platform.
5.5 Users must also register with the Payment Processor (defined below).
5.6 Users Responsible for Account Security – You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Enspire for accessing the Enspire Platform. You must not disclose such information to any third party. You are responsible for all consequences arising from the use or misuse of your user account. In particular, you acknowledge and agree that instructions and actions transmitted on the Enspire Platform using your user account will be deemed to have originated from you. You will be responsible for any electronic communications and content sent from your computer or other device using your user account and log-in details, whether or not actually sent by you. You agree to immediately notify us of any unauthorized use of your user account, user name, or password. We reserve the right to refuse or disable any password or other security information for any reason.
5.7 Our right to refuse registration – Enspire reserves the right to accept or decline a User’s account registration request based on information provided in the User’s account application, or based on the findings of Enspire, including its employees or representatives, following a completed application.
5.8 Registration of user account – Failure to supply information required for user account registration, or providing inaccurate information, may result in a delay in or rejection of the processing of your registration application for which we shall not be held responsible or liable. We may request additional documentation to supplement an application if deemed necessary at our sole discretion.
5.9 User names – Any user name chosen by you shall not be misrepresentative, vulgar, offensive, defamatory, contain any profanity, promote illegal activity, violate any Intellectual Property Rights of any third party, or misleadingly impersonate someone else.
5.10 Provision of Personal Information – To provide access to the Enspire Platform, we will require you to provide Personal Information including your real name, your home, delivery and billing addresses (if different), your GST/HST number (if applicable), bank, credit card and/or direct debit details, telephone number, and an e-mail address which you access regularly.
5.11 Handling of Personal Information – Any Personal Information and other information provided by you will be handled by us in accordance with this Agreement, our Privacy Policy and applicable laws.
5.12 Information of Clients – When registering as a Client, you may be required to provide information about your business such as the business name, your registered office address, the legal entity of the business, website domain, telephone number, and your e-mail address.
5.13 You agree to provide truthful and accurate information when requested. If your information changes, you must correct or update it as soon as practicable. You verify that any contact information provided to Enspire, our agents and affiliates, and Users, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account.
5.14 We reserve the right to reject, suspend, or remove any user account of any User at any time, without refund, and at our sole discretion.
5.15 You acknowledge that information transmitted via the internet can never be completely secure. We make our best commercial efforts to secure the information transferred to and from the Platform, but cannot guarantee that any communication by electronic means will be fully secure, or will reach its intended destination on time or at all. When you use the Enspire Platform, you accept these risks and the responsibility for choosing to use technology that does not provide absolute security or reliability.
5.16 We, or a third party appointed by us, may be required to carry out maintenance on the Enspire Platform from time to time. While we will make reasonable efforts to notify Users of any upcoming maintenance where possible, we may carry out emergency maintenance on the Enspire Platform without notice to you. We shall not be liable for any loss or damage including, but not limited to, loss of earnings or business, suffered as a result of any maintenance or work on the Application.
5.17 We reserve the right, at our sole discretion, to limit or otherwise restrict access to the Enspire Platform for any reason whatsoever.
5.18 Linked Sites – There may be links on the Enspire Platform to Linked Sites. We make no representations, guarantees, conditions, or warranties as to the accuracy or any other aspect of the information contained on such Linked Sites, including the goods or services sold or made available therein. We disclaim all liability and responsibility for the content of Linked Sites. Furthermore, any link to a Linked Site should not be construed as a suggestion, recommendation, or encouragement by us of that Linked Site, or as an endorsement of the products, services, or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between Enspire and the party running the Linked Site. Nothing in this Agreement grants you any rights or authorizations with respect to any Linked Sites. Any Personal Information about you or any other individual collected, used, or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not this Agreement.
5.19 “As is” basis – The Enspire Platform, and content, information, materials, and products (including software) related thereto are provided on 'as is' and 'as available' basis. We make no warranties, expressed or implied as to the operation of Site and Services, content, information, materials and products (including software) related thereto. We do not represent or warrant that the Enspire Platform is accurate, complete, reliable, current, error-free, or virus-free. As such, we shall not be held liable for damages as a result of using the Enspire Platform. You expressly agree that your use of the Enspire Platform is at your own risk.
6. GENERAL INFORMATION FOR CLIENTS AND CONTRACTORS
6.1 Enspire makes no warranties or guarantees as to the certification, license status, and/or membership status in any professional body of any Contractors, if applicable. We make reasonable efforts to verify the validity of a Contractor’s certifications and qualifications, if such certifications and qualifications are required, but the ultimate responsibility of verifying credentials, license status, and professional membership status of a Contractor falls solely and exclusively with the booking Client. We do not conduct criminal record checks on Contractors.
6.2 Similarly, as a Contractor, it is your responsibility to familiarize yourself and follow the policies and safety protocols of your Client. You are responsible for your own actions when at the Client’s premises and for following the Client’s policies and protocols.
6.3 You shall defend, indemnify and hold harmless Enspire and its associates, subsidiaries, representatives, and assigns from any loss, damages, liabilities, costs, expenses, claims, injury and proceedings arising out of your use of the Application, the Content, and the Services and from the use of the Application, the Content, and the Services by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party or causes injury to any other person. You understand that you are responsible for your own taxes and any applicable deductions and withholdings.
6.4 You may not use the Enspire Platform for any unlawful activity.
6.5 You must not do or omit to do anything that causes the Enspire Platform to be interrupted, damaged, or impaired.
6.6 You must not do anything that imposes or may impose, in our opinion, an unreasonable or disproportionately large load on our infrastructure or that amounts to a denial of service attack.
6.7 You must not link to the Enspire Platform in any way that may damage Enspire’s reputation or suggest association, approval, or endorsement by us unless we give you express written consent.
6.8 5.8 You must:
6.9 No guarantee of Client conditions – We do not give any representation, guarantee, or warranty regarding the workplace environment, policies, practices, or credentials of any Clients.
6.10 No guarantee of Contractor performance – We do not give any representations, guarantee, or warranty regarding the skills, credentials, or workplace performance of any Contractor.
6.11 Email communications – We may send you e-mails, push notifications, or other communications in the provision of the Services, or to invite feedback.
6.12 Reviews – You may upload a review to the Application in respect of a particular Client or Contractor. Any material that is uploaded to the Application must not be:
6.13 Removal of material – We reserve the right to remove any material from the Application that has been uploaded by a User, at our sole discretion.
6.14 Transaction platforms – We may use electronic web-based transaction platforms to accept, conclude, manage, and fulfill transactions, such as for payment of fees. The Application utilizes a Payment Processor to fulfill online transactions. Enspire is not responsible for the fees charged by the Payment Processor and shall not be held responsible should the Payment Processor increase fees.
6.15 Code of Conduct – It is our goal that Clients and Contractors consistently experience successful and enjoyable matches. As such, Clients and Contractors are expected to honour their commitments with consideration for the impact that confirmed arrangements have on the other party. Active registration and participation by all Users on the Application is at the sole discretion of our administration.
7. NON-COMPLIANCE WITH APPLICABLE LAWS
7.1 Non-compliance with Applicable Laws – We reserve the right to suspend, terminate, or place limitations on the user accounts of any Client that fails to comply with the Applicable Laws. If we deem, at our sole discretion, that a Client has committed a violation or otherwise acted contrary to the Applicable Laws, we may terminate the user account of that Client.
8. FEES, BILLING, AND PAYMENT
8.1 Enspire does not charge any fees to Contractors for the use of the Services.
8.2 Users of the Enspire Platform contract for Services directly with other Users. Enspire will not be a party to any contracts for Services. Payment for Services through the Enspire Platform is made directly from the Client to the Contractor via the Payment Processor, and not by Enspire. Enspire is not obligated to compensate a Contractor for a Client’s failure to pay for services.
8.3 To use the Enspire Platform, Contractors and Clients must set up an account with the Payment Processor, which may require any or all of the following: registration with the Payment Processor, agreement with the terms of service of the Payment Processor (the "Payment Processor Services Agreement"), and completion of a vetting process and/or account validation at the request of the Payment Processor. By accepting these Terms of Service, each Contractor and Client agrees that they have downloaded or printed, and reviewed and agreed to, the Payment Processor Services Agreement. Enspire is not a party to the Payment Processor Services Agreement. You, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement. Enspire has no obligations, responsibility or liability to any Contractor, Client or other party under the Payment Processor Services Agreement.
8.4 Clients will be responsible for paying the invoice(s) for each performance of Services (the "Invoice(s)"), which will include (a) the pricing terms of the Services provided by the Contractor and agreed upon by the parties ("Services Payment"), (b) any out-of-pocket expenses agreed upon by the parties and submitted by the Contractor in connection with the Services, (c) the service charge Enspire assesses to the Client as payable for the use of the Enspire Platform (the “Service Charge”), and (d) the platform fee Enspire assesses to the Client (the “Platform Charge”), or (e) cancellation charges,
if applicable. Clients may also be charged credit card processing fees. Contractors will be responsible for repayment of erroneous payments.
8.5 The Services Payment, Service Charge, and Platform Charge must be paid through the Payment Processor. Users of the Enspire Platform are required to provide their payment method details to Enspire and the Payment Processor. Contractors are responsible for accurately invoicing a Client via the Enspire Platform within 24 hours of the work being performed.
8.6 The Client agrees that upon receipt of an invoice through the Enspire Platform, the Client must confirm the accuracy of such invoice within 24 hours. If the Client fails to confirm the accuracy of such invoice within 24 hours, the Services Payment may be processed in accordance with the invoice submitted by the Contractor.
8.7 Users of the Enspire Platform are liable for any taxes required to be paid in respect of Services provided.
8.8 Fees and any other charges for the use of the Enspire Platform is described in the Application. Users are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
8.9 Cancellation Fee – A cancellation fee may be charged for any cancellation of a Services Agreement less than 48 hours before the scheduled time for performance of such Services.
8.10 Users’ obligation to pay fees due to Enspire survives any termination of a User’s account or this Agreement.
8.11 Where a Client and a Contractor have been introduced via the Enspire Platform, applicable Service Charges and Platform Charges for the performance of Services apply whether or not the agreement to provide Services is arranged through the Application. If you are a Client and you arrange to provide such Services outside of the Application, you hereby authorize us to charge the applicable amounts to your usual method of payment. Clients are asked to report all Service Agreements to Enspire so that Enspire can process invoices accordingly. As a Contractor, please ensure that any Services arranged outside of the Application are reported. This allows Enspire to facilitate the Contractor’s invoicing of the Client for the Services, and allows Users to maintain their invoicing records accurately for tax purposes. Both the Contractor and the Client are required to promptly notify Enspire of any such Services arranged through means other than the Application, and failure to do so may result in termination of your account. For clarity, the obligation to pay any applicable amounts to Enspire survives any such termination.
8.12 Changes in fees and charges – Fees and charges, including the Service Charge and the Platform Charge, may change from time to time. Enspire will provide least 30 days’ notice of such change. Your continued use of the Enspire Platform after such change indicates your agreement with the new fees and charges. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
8.13 Provision of payment methods – To enable us to process payments, you must provide valid, up-to-date credit card or direct debit details. By providing these details, you authorize us to bill your credit card or direct debit account whenever fees become due.
8.14 Penalty for non-payment – If you fail to make any payment when due, or if payment is declined, we will be entitled to suspend or limit your access to the Enspire Platform. If you fail to make any payment within 14 days of its due date, we shall be entitled to delete your user account and any profile on the Application, together with any other actions or remedies set out in this Agreement.
8.15 Fees are non-refundable – All amounts and fees referred to in this section shall be non-refundable and payable in Canadian dollars (CAD).
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership of Content – Subject to this section, all Intellectual Property Rights in, or arising out of, or in connection with Content within or accessible via the Enspire Platform, other than User Content, are owned or licensed by Enspire. Nothing in these Terms of Service shall be interpreted as transferring any ownership therein.
9.2 Ownership of Trademarks– All Trademarks displayed or otherwise embedded in the Enspire Platform are the property of their respective owners. Reference to any products, services, processes of any third party, or any supplier, manufacturer, or other entity, or any product or service of such supplier, manufacturer or other entity, including if such reference is by use of any Trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Enspire.
9.3 Your License of Your User Content to Enspire – By submitting, distributing or otherwise providing User Content to or through the Application and/or Services, or having User Content submitted, distributed or otherwise provided to or through the Application and/or Services by a third party on your behalf, you hereby grant to us a worldwide, non-exclusive, ongoing, irrevocable, sublicenable, royalty-free licence to display, perform, reproduce, distribute, publish, modify, adapt, translate, create derivative works from, and otherwise use such User Content for the purpose of operating the Application and providing the Services, and you warrant that:
9.4 Our Limited License of Content to You – Enspire grants to you a limited, revocable, non-exclusive, non-sublicensable license to access the Enspire Platform and to view, copy, and print the portions of the Content made ordinarily available to you through the Enspire Platform while these Terms of Service are subsisting and you are fully in compliance with these Terms of Service, subject to this Agreement and the specific conditions below:
a) you may only view, copy, and print such portions of the Content for your own personal and non-commercial use;
b) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute, or display the Content (except for page caching) except as expressly permitted in this Agreement;
c) you may not remove or modify any Intellectual Property Right or other proprietary notices that have been placed in the Content;
d) you may not use any data mining, robots or similar data gathering or extraction methods; and
e) you may not use the Application, Services, or Content other than for their intended purpose.
9.5 Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, our agreement with you under this Agreement, and your user account with us. Any such unauthorized use may also violate Applicable Laws.
9.6 Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license or other rights to Intellectual Property Rights, Content, the Application, or Services, whether by estoppel, implication or otherwise. The license in this section is revocable by Enspire at any time. You represent and warrant that your use of the Application, Services, and Content and any Intellectual Property Rights licensed or owned by us, will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Enspire at the address set out at the beginning of this Agreement.
9.7 Indemnity – You agree to and hereby indemnify and hold Enspire harmless against any and all damages, liabilities, costs, expenses, and/or losses arising out of, or relating to, the breach of any clause under this Section in respect of any claim or action arising out of the normal operation, possession, or use of those Intellectual Property Rights by Enspire that does or threatens to violate, misappropriate, diminish or infringe a third party's rights, or any use by you or on your behalf of the Services, Application, Content or Intellectual Property Rights licensed or owned by us that does or threatens to violate, misappropriate, diminish or infringe a third party’s rights. You will be liable for the consequences arising from any User Content that you upload, submit, distribute or otherwise provide to the Enspire Platform or Application, including but not limited to consequences arising from any actual or threatened violation, misappropriation, diminishment or infringement of a third party’s rights. Neither we, nor our employees, board, officers, consultants or affiliates shall be liable for any loss or damage that may arise from or in connection with any of the liabilities set out herein. You agree to indemnify us for all claims brought by third parties against Enspire arising out of or in connection with any User Content that is uploaded, submitted, distributed or otherwise provided by you or on your behalf that does or threatens to violate, misappropriate, diminish or infringe another party’s Intellectual Property Rights.
9.8 You hereby represent and warrant to Enspire that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or Intellectual Property Rights or rights of publicity or personality; (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, incitement of hatred or false or misleading advertising, anti-spam, Data Protection Legislation, or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any Viruses; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Enspire or otherwise purport to act as a representative or agent of Enspire, or endorsed by Enspire; and (i) will not create liability for Enspire or cause Enspire to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
9.9 You agree not to access, attempt to access, request access or use of any Content, Services, any of our Intellectual Property Rights, or any of our data (collectively the “Data”), without our prior written authorization. This means that you agree not to download, upload, post, license, disclose, modify, translate, decompile, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Data, in whole or in part, in any form or by any means, unless expressly permitted herein or you have our prior written authorization to do so. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, digital rights management, mechanism, protocol, or procedure implemented by the us for use of the Data, Content or the Services.
10. TERMINATION
10.1 Your Right to Cancel your Account – You may terminate your user account at any time by giving us written notice or using the means provided through the Application. Any amount due for the balance of the billing period in which you cancel your account will still be owing (if your billing period is monthly, we will prorate your account balance to the last day of the billing period after cancellation).
10.2 Our Right to Suspend/Cancel your Account – We reserve the right to deactivate your user account or limit your use of the Enspire Platform immediately and without notice if, in our sole opinion, you are in breach of this Agreement. Without affecting any other right or remedy available to us, we may suspend your access to the Enspire Platform, disable your account, and/or terminate this Agreement with immediate effect by giving written notice to you if:
f) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enters into any compromise or arrangement with your creditors;
g) you are the subject of a bankruptcy order;
h) a creditor or encumbrancer of a User attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
i) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the User;
j) a floating charge holder over the assets of the User has become entitled to appoint or has appointed an administrative receiver;
k) a person becomes entitled to appoint a receiver over the assets of the User or a receiver is appointed over the assets of such;
l) any event occurs, or proceeding is taken, with respect to the User in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in this section;
m) the User suspends or threatens to suspend, or ceases or threatens to cease to carry on, all or a substantial part of its business; or
n) the User dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing their own affairs.
10.3 If Enspire suspends or deactivates your account or limits your use of the Enspire Platform, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
10.4 Enspire reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Enspire Platform at its sole discretion. Enspire will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Enspire shall not be liable to you for any modification or discontinuance of all or any portion of the Enspire Platform. Enspire has the right to restrict anyone from completing registration as a Contractor if such person may threaten the safety and integrity of the Enspire Platform, or if such restriction is necessary to address any other reasonable business concern.
11. EFFECT OF TERMINATION
11.1 Even after your right to use the Enspire Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Enspire reserves the right to take appropriate legal action pursuant to the Agreement.
11.2 Any provision of this Agreement that is intended to come into or continue in force on or after termination or expiry of the Agreement, whether such intention is express or implied, shall remain in full force and effect.
11.3 Termination of the contract shall not affect any rights, remedies, obligations, or liabilities that Enspire has acquired up to the date of termination, including the right to receive payment for any amounts due to us or claim damages in respect of any breach which existed at or before the date of termination.
12. INDEMNIFICATION BY YOU
12.1 You agree to indemnify and hold harmless Enspire and Enspire’s subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any and all claims or demands, liabilities, damages, demands, losses, or expenses, including reasonable legal fees, that may be suffered or incurred by Enspire, or made by any third party, due to or arising out of:
12.2 The provisions of this section shall survive termination of the Contract.
13. LIMITATION OF OUR LIABILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
13.1 Subject to this section, in no event shall Enspire be liable to you for any indirect, consequential, incidental, special, compensatory, general, aggravated, exemplary, or punitive damages; damages for economic loss, loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property, or failure to realize expected revenues, savings or other results of any kind; claims of third parties; or other pecuniary loss, arising out of or related to this Agreement, the Privacy Policy, the Site, or any Linked Site. Nonetheless, in no event will the cumulative liability of Enspire arising out of or related to these Terms of Use exceed the lesser of ten dollars ($10) CAD or the total fees paid to us by you in the previous three months. As a Client, you understand that Contractors will be coming onto your premises, using your equipment, and interacting with your clients/customers/patients and that any liability arising from damage done to your equipment or injury to your clients/customers/patients shall be between you and the Contractor.
13.2 Liability Insurance – Clients and Contractors are responsible for obtaining their own liability insurance.
14. OUR HANDLING OF YOUR PERSONAL INFORMATION
14.1 We will use the Personal Information that you provide to us:
a) to administer the Enspire Platform;
b) to process payment in accordance with this Agreement;
c) to enable a Client or a Contractor to contact you as permitted under this Agreement; or
d) as may be otherwise agreed by you.
14.2 We will only give your Personal Information to third parties where required by law.
14.3 Preferences and Saved Data – To provide a tailored and relevant experience for our Users, you may be asked to provide, from time to time, your language preferences, currency preferences, categories of interest and information regarding your geographical location. For example, such information may be used in order to display to a Client search results for Contractors located close to their geographical location, or to display information regarding commute routes and times to a Client. We may also store these preferences in order to provide the best user experience to Users. Any Personal Information collected from Users will be handled in accordance with Data Protection Legislation.
14.4 Sharing of Data with Clients – As a Contractor, you acknowledge and agree that we may pass your personal details and data to Clients to enable them to contact you. We are not responsible for the content of any communication that you receive from Clients.
14.5 We will not be liable to you if a Client handles or otherwise deals with your Personal Information in any way that is in breach of Data Protection Legislation or is otherwise unlawful.
14.6 Please review our Privacy Policy for further information on how we handle your Personal Information.
15. EDITORIAL CONTENT
15.1 Inaccuracies – We aim to ensure all written content published by Enspire on the Application is truthful, accurate, and error free. We take inaccuracies seriously. Enspire does not aim to mislead or misinform its Users. Upon discovery by Enspire that content on the Application does not represent the truth, edits shall be made within a reasonable timeframe after discovery if deemed required at our sole opinion and discretion. You agree that Enspire has no liability or responsibility for any inaccuracies on the Enspire Platform.
15.2 Opinions – It should be noted that User Content uploaded by any User or contributor to any part of the Application is the opinion of that User only and does not represent the opinions of Enspire.
16. MISCELLANEOUS
16.1 Assignment of this Contract – You may not assign, transfer, mortgage, charge, declare a trust over, or deal in any other manner with any or all of your rights and obligations under the Contract without our prior written consent, such consent not to be unreasonably
withheld. We may assign, transfer, mortgage, charge, declare a trust over, or deal with this Contract or any part of it to or with any person.
16.2 No partnership or agency – Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
16.3 Entire agreement – This Agreement constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.4 Rights of third parties – No one other than Enspire and you shall have any right to enforce this Agreement.
16.5 Waiver – a delay in enforcing this Agreement, does not constitute a waiver of our rights or your obligations under this Agreement and will not prevent us from enforcing it at a later date.
16.6 Events outside of our control – If the performance of any of Enspire’s obligations under this Agreement is delayed by an event outside of our control, we will contact you to let you know, where possible. We will not be liable for delays, damages or losses caused by such an event.
16.7 Severance – If, in any jurisdiction, any part of this Agreement is held to be unenforceable by a court of competent jurisdiction, such part of this Agreement shall be modified, restricted, or eliminated to the minimum extent necessary and the remaining provisions shall otherwise remain in full force and effect.
16.8 Applicable laws and jurisdiction – The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Enspire Platform and the interpretation of this Agreement. The courts of the Province of Ontario, without regard to their conflicts of law provisions, shall have exclusive jurisdiction over any dispute arising out of your use of the Site. Regardless of your physical location, residence, or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Ontario.
17. INDEMNITY AGREEMENT
17.1 You hereby agree to indemnify, defend, and hold harmless Enspire from and against any and all liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Enspire Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) any content submitted by you or using your account to the Enspire Platform, including but not limited to the extent that such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any agents of a Client. Enspire reserves the right, in its sole discretion, to assume the exclusive defense and control at its own expense of any
matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Enspire.
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