Home Trades Canada’s Terms of Service

 Last Update: October 2021

Welcome to Hometradescanada.com.

The following terms of service (these “Terms of Service”), govern your access to and use of the Home Trades Canada website and mobile application, including any content, functionality and services offered on or through www.hometradescanada.com or the Home Trades Canada mobile application (the “Site”) by Home Trades Canada (Vancouver, B.C., Canada) collectively referred hereto as “Home Trades Canada” “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Home Trades Canada services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to admin@hometradescanada.com.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Home Trades Canada makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers/Customers are users who purchase or acquire the services of a Seller on Home Trades Canada

Business Account is a collaborative Buyer account, created via Home Trades Canada Business, as detailed on Home Trades Canada Business Terms of Service.

Business Account Team Member or Team Member is any user that is invited or uses a Business Account.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Gig / Job Page is where the Seller can describe their Gig/Job and the Gig’s/Job’s terms, and the Buyer can purchase the Gig/Job and create an order.

Gig/Job / Gigs/Jobs are services offered on Home Trades Canada

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gigs/Jobs Page.

Sellers are users who offer and perform services through Gigs/Jobs Jobs on Home Trades Canada.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Home Trades Canada Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
• Sellers gain account statuses (Levels) based on their performance and reputation.
• Home Trades Canada retains the right to use all published delivered works and Logo Designs for Home Trades Canada marketing and promotion purposes.
• We care about your privacy.
• The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
• Users undertake to comply with Home Trades Canada Community Standards, which are, applicable to the Home Trades Canada community and marketplace in addition to these Terms of Service, as updated from time to time.

• Sellers create Gigs/Jobs on Home Trades Canada to allow Buyers to purchase or order their services.
• Sellers may also offer Custom Offers to Buyers in addition to their Gigs/Jobs.
• The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
• For security concerns, Home Trades Canada may temporarily disable a Seller’s account. This may come as a result of security issues, improper behavior reported by other users. Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services including WCB.
• The Seller shall under any circumstance not hold their Buyer/Customer or Home Trades Canada or its associates liable for any reason arising from any damages due to misrepresentation, injuries, poor service, and damage to property or 3^rd party claims or any illegal activity etc.

Gigs/Jobs

• Sellers are allowed to post a select amount of active Gigs/Jobs based on their Level status.
  • 7 Gigs/Jobs for Sellers without a Level status.
  • 10 Gigs/Jobs for Level 1 Sellers.
  • 20 Gigs/Jobs for Level 2 Sellers.
  • 30 Gigs/Jobs for Top Rated Sellers.
• Gigs/Jobs created on Home Trades Canada are User Generated Content.
• Gigs/Jobs and/or users may be removed by Home Trades Canada from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service is a violation
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Gigs/Jobs
  • Spam, nonsense, or violent or deceptive Gigs/Jobs
  • Gigs/Jobs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Exceedingly low quality Gigs/Jobs
  • Promoting Home Trades Canada and/or Home Trades Canada Gigs/Jobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• Gigs/Jobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
• Gigs/Jobs that are removed for violations are not eligible to be restored or edited.
• Gigs/Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
• Gigs/Jobs may include pre-approved website URLs contained within the Gig/Job description and requirements box. Gigs/Jobs containing websites promoting content, which violates Home Trades Canada Terms of Service and/or our Community Standards, will be removed.
• Gigs/Jobs are required to have an appropriate Gig/Job image related to the service offered. An option to upload two additional Gig/Job images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig/Job images. Recurring deliveries that don’t match the quality shown on the Gig/Job images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
• Gigs/Jobs may contain an approved Gig/Job Video uploaded through the Gig/Job management tools available on Home Trades Canada
• Statements on the Gig/Job Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible Gigs/Jobs in select Categories may set up Gig/Job Packages to offer their services in structured formats with multiple price points for the selected Gig/Job.
• Certain categories are available only to Pro Sellers to create Gigs/Jobs. If you are not a Pro Seller, creating a Gig/Job for services available to Pro only may result in removal of your Gig/Job.

Gig/Job Extras

• Gig/Job Extras are additional services offered on top of the Seller’s Gig/Job for an additional price defined by the Seller.
• Gig/Job Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs/Jobs section above for a list of services that violate our Terms of Service. Gigs/Jobs are subject to be removed due to violations found in Gig/Job Extras.
• The amount of Gig/Job Extras, which can be offered, and the price for each Gig/Job Extra, is based on your Seller Level.
• Services offered through Gig/Job Extras must be related to the base service and part of the deliverables on the Order.
• Gig/Job Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an Order for each Gig/Job Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Levels

Home Trades Canada is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Home Trades Canada may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Home Trades Canada Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
• Advancement in Levels are updated periodically by an automated system.
• The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
• Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
• Advanced levels provide their owners with additional benefits, including offering Gigs/Jobs for higher prices through Gig/Job Extras, or selling their Gig/Job in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Home Trades Canada editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by Home Trades Canada to ensure that the quality standards and expectations of the Top Rated selection is kept. Home Trades Canada retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

• Pro Sellers are pre-verified professionals who undergo a vetting process by Home Trades Canada editors. Applying for Home Trades Canada Pro is open to everyone: professional freelancers who are new to Home Trades Canada, as well as existing Home Trades Canada Sellers.
• Pro Sellers eligibility is constantly evaluated by Home Trades Canada to ensure that the quality standards and expectations of the Pro Seller selection is kept. Home Trades Canada retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Home Trades Canada Business Catalog

Home Trades Canada Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Home Trades Canada Business catalog are required to comply with certain professional standards. Eligible Sellers who’s Gigs/Jobs are included in the Home Trades Canada Business catalog will be regularly evaluated by Home Trades Canada to ensure their high-quality professionalism is kept. Home Trades Canada reserves the right to remove Sellers and Gigs/Jobs from the Home Trades Canada Business catalog.

Seller Features

Home Trades Canada Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Home Trades Canada Terms of Service and/or our Community Standards.

• Home Trades Canada does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

Buyers

Basics

• Home Trades Canada communication platform, is only for the purpose of contacting or communicating with the Seller a service that has been offered by the Seller on the Home Trades Canada platform, and shall not hold Home Trades Canada liable for any misrepresentation or communication or any work or service performed by the Seller, and between the Seller and Buyer.
• Home Trades Canada retains the right to use all publicly published delivered works for Home Trades Canada marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on Home Trades Canada must be an allowed service on Home Trades Canada.

Reviews

• Feedback reviews provided by Buyers while completing an Order are an essential part of Home Trades Canada rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Home Trades Canada platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Home Trades Canada platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Seller’s Gig/Job page.
• Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig/Job page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the Gig’s/Job’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
• Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
• Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this stage, Sellers cannot see the Buyer’s review.
• Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public.
• Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Gig/Job page, beneath the Buyer’s feedback.

User Conduct and Protection

Home Trades Canada enables people around the world to create, share, sell and purchase nearly any service they need. Services offered on Home Trades Canada reflect the diversity of an expanding Gig/Job economy. Members of the Home Trades Canada community communicate and engage through orders, social media, and on Home Trades Canada Community Forums.

Home Trades Canada maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Home Trades Canada. This section relates to the expected conduct users should adhere to while interacting with each other on Home Trades Canada

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team admin@hometradescanada.com.

Basics

• Home Trades Canada does not provide any guarantee of the level of service offered to Buyers.
• Home Trades Canada does not provide protection for users on the Home Trades Canada platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• Home Trades Canada is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

Gigs/Jobs

• Users may report Gigs/Jobs to Customer Support that may be in violation of Home Trades Canada  Terms of Service based on the reported Gig’s/Job’s replicated similarity to pre-existing services (copycat Gigs/Jobs).
• Sellers warrant that any content included in their Gigs/Jobs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs/Jobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs/Jobs.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Home Trades Canada does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Home Trades Canada should be friendly, constructive, and professional. Home Trades Canada condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs/Jobs or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Home Trades Canada will not be protected by our Terms of Service.

Authentic Home Trades Canada Profile – You may not create a false identity on Home Trades Canada, misrepresent your identity, create a Home Trades Canada profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Home Trades Canada reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Home Trades Canada will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You may not use Home Trades Canada for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active Home Trades Canada account and one active Home Trades Canada Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Home Trades Canada community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Home Trades Canada. Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Home Trades Canada. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Home Trades Canada accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Home Trades Canada and protected by copyright, trademark, and other intellectual property laws. Home Trades Canada, Gig/Job and Gigs/Jobs are all registered trademarks owned exclusively by Home Trades Canada  Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Home Trades Canada owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Home Trades Canada with any comments, suggestions or other feedback regarding the Home Trades Canada platform or the Site as a whole, as well as other Home Trades Canada products or services (collective, the “Feedback”), you will be deemed to have granted Home Trades Canada an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Home Trades Canada is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

• Home Trades Canada reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
• Violation of Home Trades Canada Terms of Service and/or our Community Standards may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Home Trades Canada
• Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Home Trades Canada may make changes to its Terms of Service from time to time. When these changes are made, Home Trades Canada will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Home Trades Canada after the date on which the Terms of Service have changed, Home Trades Canada will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Home Trades Canada by our users (Buyers and Sellers) is User Generated Content. Home Trades Canada does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Home Trades Canada platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Home Trades Canada is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs/Jobs or otherwise). We provide no warranty with respect to the Gigs/Jobs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Home Trades Canada. Sellers advertising online their Gig/Job or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig/Job, as applicable, and may lead to the suspension of Seller’s account.

Ownership

Ownership and limitations:

Users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Home Trades Canada, including Gig/Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Home Trades Canada for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOME TRADES CANADA NOR ANY PERSON ASSOCIATED WITH HOME TRADES CANADA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL HOME TRADES CANADA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Home Trades Canada, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.