Terms and Conditions

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 are hereinafter called “You, Users.” As used in this Agreement, “www.ezi-app.com," "ezi.services", “we,” “us,” and “our” shall mean Ezi App and its subsidiaries and affiliates. These Terms do not alter the terms or conditions of any other agreement you may have with Ezi App for its services or otherwise.

Service Providers must review the Customer's T&Cs and Privacy policy to be well-informed about the Customer’s rights.

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 concerning your use of the App and/or the Services and apply to all users of the Services, whether registered or not, on the App.

At our sole discretion, we may 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 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.

Ezi App may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms, or threatens the safety of Users of Ezi App. The Ezi App reserves the right to expel Users and prevent their further access to the Ezi App for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content that violates the Terms of Use, abusive, illegal, or disruptive.

The Service Provider hereby agrees that the Ezi App shall be in active mode during the performance of the Service without any exceptions whatsoever.

Account shall mean the account created by the User on the Application.

Booking shall mean the accepted and allotted Service Request.

Customer shall mean the person who places a Service Request on the Portal and has accepted the Portals' Terms of Use and Privacy Policy (as applicable).

Applicable Laws shall include all relevant 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 court of Canada.

App shall mean the mobile application “Ezi App“, as updated by Ezi App occasionally.

A representative is an entity, its affiliate(s), and any director, officer, employee, consultant, contractor, agent, and attorney associated with the Ezi App.

Content means report text, web chat, graphics, emojis, images, music, software, audio, video, information or other materials.

Ezi App Content means all Content that Ezi App makes available through the App, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, excluding Service Provider Content.

Collective Content means User Content and Ezi App’s Content.

Scope of Service

The Ezi App platform allows users who need help completing various Service Requests such as home cleaning, assembly, lawn care, moving, and other general Service Requests. Ezi App is a passive platform that 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 the authority to enter into written or oral — whether implied or express — contracts on behalf of the Ezi App.

While using the Ezi App Platform, Customers, at their sole discretion, determine whether they will be present 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 Provider's work product or behaviour on the job site, Service Providers are required, as a condition of being part of our community, to adhere to specific primary conduct standards such as professional conduct, reliability, honesty and good workmanship. Service providers are not permitted to represent themselves as our employees, nor do they have the ability to bind us to specific actions. If any Service Provider does so, we encourage the Customers to 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 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 or 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 any Service Providers' qualifications, skills or licenses, nor will we be responsible for their performance, actions, or inactions. Therefore, you should ensure that you conduct your searches and ask questions of service providers and/or their employees and other personnel to satisfy yourself with their credentials and ability to perform the services you need before engaging any service provider for service provider services.

Account Registration

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 application version 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 associated with your provided registration data.

You acknowledge 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.

Users may be subject to a review process before they can register for and during their use of the Ezi App Platform, including but not limited to identity verification, right-to-work checks, criminal background checks, and 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. Ezi App cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

Service Requests

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 or telephonic calls of any changes/deviations to the Booking that may affect the provision of the Service.

If the Service Provider requires assistance with the Portal, Service Requests, Service, etc., he/she should contact the Ezi App. If the aid pertains specifically to the App or anything therein, then such an issue may be directed to the Ezi App support.

Once a booking is allotted, the Ezi App will provide the service provider with the necessary customer information to enable the service provider to provide the service satisfactorily. Such information shall be treated as confidential in the Clause below.

The Service Provider may check in up to fifteen (15) 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 the 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 the Service Request turns out to be more than the estimated cost, the Service Provider can request an extension. The Customer must accept the extension request within thirty (30) minutes of any such request being made. If the Customer fails to accept the extension request within (30) 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 also be charged a payment processing fee (if any).

Obligations Of The Service Provider

The Service Provider shall ensure and confirm that he/she understands the Customer's language and shall choose the language that he/she best understands from among 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 the Ezi App. The Service Provider shall be liable for any loss caused to Ezi App and/or the Customer due to the Service Provider's negligence in performing the Service.

The Service Provider shall provide the Service to the Customers courteously, effectively and timely.

The Service Provider shall not undertake or assist in any unlawful or illegal activity while performing Services.

The Service Provider understands that creating a business on the Ezi App 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 attention 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 or damage to life or property.

The Service Provider agrees that any breach of the Service Provider T&Cs by him/her is likely to cause Ezi App substantial and irreparable damage. Therefore, in the event of any such breach, in addition to such other remedies as 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.

The 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 the 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 the allotted Booking. Further, the Service Provider hereby agrees that such cancellation or refusal to provide Service may lead to a deduction in the form of withholding part or whole of the Service Provider's Proceeds.

The Service Provider shall not either directly or indirectly:

1. engage in any conduct that damages the reputation or causes inconvenience in any manner to Ezi App; or

2. be the reason for Ezi App to be a part of any negative publicity.

Service Providers shall:

1. Behave respectfully to Customers;

2. Identify yourself to the Customer upon arrival at a job site;

3. Arrive at the agreed time and no later than 30 minutes of the start of the appointments with the Customer;

4. Treat Customer property with respect, skill and care and leave the physical site where its Services are performed in a neat condition and not damage or disfigure such premises or Customer property in any way; and

5. Carry out the Service Provider Services in a good, workmanlike, and professional manner by reasonable industry standards. Any Services not performed to this standard will be re-performed by the Service Provider at no cost or expense to Ezi App and the Customer.

The Service Provider hereby agrees that any complaint/s by Customers regarding the Service Provider will be considered 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 the 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 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 no court in Canada has convicted The Service Provider of any cognizable offence or an offence 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:

• You will use your real name or business name and an up-to-date photo on your profile;

• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service Request or any interaction by or with any User and/or Ezi App in connection with the Ezi App Platform without the prior written consent of Ezi App and/or the relevant User, as applicable;

• You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Service Provider or Customer as the case may be;

• You will act professionally and responsibly in your interactions with other Users;

• You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;

• You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;

• When using or accessing the Ezi App Platform, you will act by all applicable local, provincial, national, or international law or customs and in good faith;

• You will not use the Ezi App Platform for the purchase or delivery of alcohol or any other controlled or illegal substances or services;

• Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement; and

• Other than as fully and promptly disclosed in writing to Ezi App, you do not have any motivation, status, or interest that Ezi App may reasonably wish to know about in connection with the Ezi App Platform, including without limitation if you are using or will or intend to use the Ezi App Platform for any journalistic, academic, investigative, or unlawful purpose.

Service Providers additionally represent and warrant that:

• You have the unrestricted right to work in the jurisdiction in which you will be performing Service Requests;

• If the Service Request is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;

• You are responsible for identifying and obtaining any required licenses, permits;

• You have any insurance required to operate your business and provide your services;

• You will not engage in pornographic or obscene services, including sexual and escort services, offers and solicitations of prostitution, and pornography.

• You will not provide or seek any services that would harm children or minors.

• You will honour your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Service Request(s) as agreed upon with your Customer; and providing timely, high-quality services to your Customers; and

• You will only offer and provide services for which you have the necessary skills and expertise, and you will do so safely and in accordance with all applicable laws.

• Shall not engage subcontractors to perform any part of any contract with Us. The Ezi App policies do not cover subcontractors; you are responsible for any help you retain.

For any of the following purposes, the list is illustrative, not exhaustive, the Ezi App platform may not be used:

• To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;

• To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;

• To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Ezi App staff;

• To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Ezi App; and

• To advertise or offer to sell any goods or services for any commercial purpose through the Ezi App Platform which are not relevant to the Service Request services.

Payment

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 made only using Credit or debit cards or Stripe. The Service Request Fee is exclusive of taxes.

Ezi App reserves the right to change the Service Fee or occasionally implement charges for other Service features as indicated to Users. Any revised fees will take effect 7 days after they are posted on the Website or notified 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. Customers should notify the Ezi App if any Service Provider requests cash payments for the Service Provider's Services. All Service Requests are dealt with as credit Service Requests, i.e., the estimated cost is pre-approved when posting the Service Request. Ezi App has the right to withhold payments from Service Providers if there are 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 final and cannot be challenged. Service Providers are NOT allowed to contact Customers directly in the event of a dispute.

Refunds:

Subject to the cancellation policy below, 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. This means 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.

Cancellations:

1. There is no fee if the Service Request has been assigned to a Service Provider and the Customer cancels 24 hours before the scheduled start time.

2. Ezi App will charge a 20% cancellation fee from the Service Request Fee Deposit if the Service Request has been assigned and the Customer cancels it within twenty-four (24) hours of the start time.

3. Ezi App shall charge a 50% cancellation fee from the Service Request Fee Deposit if the Service Request has been assigned and the Customer cancels it between two (2) and six (6) hours of the Service Request start time.

4. Ezi App will charge a 100% cancellation fee from the Service Request Fee Deposit if the Service Request has been assigned and the Customer cancels it between zero (0) and two (2) hours before the Service Request start time.

Re-scheduling:

1. There is no fee for rescheduling a Service Request if the Customer cancels it 24 hours before the Service Request start time.

2. A 20% re-scheduling fee shall be charged by Ezi App from the Service Request Fee Deposit for every booking if the Customer reschedules the Service Request within 24 hours of the start time.

3. A 50% re-scheduling fee shall be charged by Ezi App from the Service Request Fee Deposit for every booking if the Customer reschedules the Service Request between two (2) and six (6) hours of the Service Request start time.

4. A 100% re-scheduling fee shall be charged by Ezi App from the Service Request Fee Deposit for every booking if the Customer reschedules the Service Request between zero (0) and two (2) hours of the Service Request start time.

Confidentiality

The term “Confidential Information” shall mean any 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 under this Agreement, the Service Provider will have access to confidential information of Ezi App and its affiliates, which Ezi App has provided. The Service Provider undertakes to keep all data and other confidential information of the Ezi App confidential 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, Confidential Information can never be disclosed to any party in the same or similar business as Ezi App (“Competitor”). If 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.

Indemnification

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 be 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 paying all applicable taxes to which he may be subject as an independent contractor.

As you are not an employee of Ezi App, you are responsible for your own statutory remittances, such as income taxes, employment Insurance, and certain other insurance coverages.

If You determine that the working conditions are unsafe, you should notify Ezi App and may withdraw from the situation without breaching 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 provided in this Agreement shall be deemed unauthorized and 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 to fulfill 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 any ratings or reviews provided by Users concerning 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.

Electronic Communications

When you send an email 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 email, 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 the license granted in these Terms will be terminated. No licenses or rights are granted to you by implication or otherwise except those expressly granted to you.

Ezi App will not be liable for any inaccuracy of information on its App. It is the user's responsibility to research the information on the App. The user undertakes not to duplicate, download, publish, modify, or 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/websites (“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 entirely at your own risk, and Ezi App disclaims all liability thereto.

Any contents and services (including advertising) within Ezi App that Ezi App does not own are “third party content and services.” Ezi App is an intermediary service provider and accepts no responsibility or liability for third-party content and services. In addition, 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 it, including, without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos, and trademarks, are protected by Canada's copyright, trade mark, and other intellectual property laws. 

You acknowledge and agree that Ezi App owns, controls or is licensed all legal rights, titles and interests in and related to the App, including all intellectual property rights. You may not:

• modify or copy the idea of trade, layout or appearance of the App or any computer software or code contained in the App; and/or

• decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the App.

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.services/contact/

Reliance on Information Posted

The information presented on or through the App is available solely for general purposes. We do not warrant its accuracy, completeness, or usefulness. 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 anyone who may be informed 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 OF 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 CONCERNING 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. THE 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

These Terms and Conditions incorporate our Privacy Policy, which constitutes the entire agreement between You and Ezi App concerning Your use of the App and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding that supersedes all prior agreements between you and Ezi App relating to this subject matter and cannot be changed or terminated orally. 

Assignment

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.

Non-waiver

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.

Force Majeure

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 regarding this Agreement, or any Services delivered according 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. The internal substantive laws of Canada shall govern this Agreement 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.

Arbitration Procedures:

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 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. 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 another 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 defence.

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. Conferences with the arbitrator will occur via telephone or email to the extent practicable. 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.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please get in touch with us through the support portal at https://ezi.services/contact/