BRITISH COLUMBIA AUTOMOBILE ASSOCIATION

TERMS OF SERVICE

These Terms of Service (the “Terms”) apply to your access to and use of the BCAA Task Marketplace provided via our website at http://task.marketplace.bcaa.com (the “Website”) and all other websites, applications, software, content, and services related thereto (collectively, the “Service”), owned and operated by British Columbia Automobile Association (the “BCAA”, “we”, “us”, “our”). The Service provides an online marketplace where British Columbians (both BCAA Members and non-members) seeking to obtain short-term or discrete services (“Tasks”) can connect with third-party service providers who would like to perform the Tasks. By accessing and using the Service, you accept and agree to be bound by these Terms, and all applicable laws and regulations.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Your use of the Service is subject to these Terms and any other agreements entered into between you and BCAA, as applicable. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Service.

Updates to Terms

Where permitted by applicable law, we reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before it becomes effective. We will ensure that the latest, fully-amended version of these Terms are published on the Service. You are responsible for regularly reviewing the Service to obtain timely notice of such amendments. Where applicable law requires that notice of any such revisions be provided to you, such notice will be provided in accordance with the law. If any amendment is unacceptable to you, you may terminate your agreement to these Terms as set out above. If you continue to use the Service after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms.

Updates to Service

We reserve the right, at any time and from time to time, to perform maintenance on, to add to, to remove from, to make upgrades or updates to, to suspend or withdraw, or to modify the Service or any part thereof with or without notice. You agree that we will not be liable to you or any third party in any manner for any such maintenance, addition, removal, update, update, suspension, withdrawal or modification, or if all or any part of the Service is unavailable at any time or for any period, or if such unavailability impacts the use, functionality or value of the Service. Any new features, material, information, content, products, services or tools which are added to the Service will also be subject to these Terms.

User Categories

The Service may be used in different ways by different categories of users. Through your use of the ‎Service, you will be categorized as one or more of the following:

‎“Customer” – if you use the Service to search for, request and obtain Tasks from Providers;
‎“Provider” – if you use the Service to post, offer to perform and provide Tasks for Customers; or
“Visitor” – if you simply access the Website, but do not use any other aspect of the Service;

‎ (collectively, the “Users”, or each a “User”)‎.

No Endorsement, Contract, or Offer

Providers are independent business owners or operators, providing services under their own name or business name (and not under BCAA’s name), using their own facilities, equipment, tools and supplies. Providers choose the applicable rates/fees for Tasks, without deduction by BCAA. BCAA does not set the rates/fees for Tasks. Providers are independent contractors of Customers, and Customers are therefore clients of Providers, not BCAA.

No part of the Service shall be taken to constitute an offer or solicitation from or by BCAA to seek to obtain or to offer to perform Tasks. Tasks posted on the Service are merely published by BCAA, without verification or endorsement, and any correspondence or transaction between Customers and Providers relating to Tasks posted through the Service are between such Customer and Provider. BCAA is not a party to such correspondence or transactions. BCAA is not responsible for any damages you may suffer by corresponding with or entering into transactions with other Users or any third parties, or for any terms, conditions, warranties, or representations associated with such dealings.

Any reference to a Provider being licensed, qualified, credentialed, background checked, rated, verified, vetted, or similar language indicates only that the Provider has completed the relevant user account registration process and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Providers whom the select, or interact or contract with through the Service; and (ii) is not an endorsement, certification or guarantee by BCAA of a Provider’s identity, expertise, skills, knowledge or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.

Notwithstanding any feature or aspect of the Service that a Customer may use to expedite their selection of a Provider, the Customer is responsible for determining the Task and selecting or otherwise approving their Provider and should undertake their own research prior to booking any Task to ensure they are satisfied that a particular Provider has the right expertise, skills, knowledge or qualifications.

Specific Terms for Providers

The following terms apply to Providers:

Providers may post Tasks to enable Customers to purchase their services. Providers are solely responsible for determining the rates/fees for each Task they create. All rates/fees are expressed in Canadian dollars.
As a Provider, you represent and warrant to, and agree with, BCAA that you: (a) are operating as a sole proprietor, corporation, partnership or other entity when using the Service; (b) have all rights necessary to sell, perform and complete any Tasks you post through the Service and will describe such Tasks truthfully, accurately, and completely; (c) have and will maintain (at your own expense) all insurance required to operate your business and perform Tasks; (d) will (i) respond to all requests promptly; (ii) provide timely, high-quality services for your Customers as agreed in the Chat and/or any Orders; (iii) only offer and perform Tasks for which you have the necessary expertise, skills, knowledge and/or qualifications; and (iv) perform the Tasks as agreed upon with your Customer in a safe manner; and (e) promptly disclose to BCAA in writing if you (or any of your personnel, if applicable) have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offences) that arise during your use of the Service.
BCAA’s third-party payment provider, Stripe, processes receipt of payment from Customers and payout of proceeds to Providers. Providers are required to supply “Know Your Client” (KYC) information to Stripe. Providers will be required to set up an account with Stripe, which requires registration with the Stripe, consent to Stripe’s terms of service (the “Stripe Agreement”), and completion of a vetting process and/or account validation. BCAA is not a party to any Stripe Agreement, and has no obligations, responsibility or liability to any Provider or other party under any Stripe Agreement.
To the extent required by applicable law, Providers must obtain, maintain, and comply with any licenses, permits, registrations, certifications, authorizations and all other approvals required in connection with their use of the Service (including the performance of any Tasks you post through the Service) and their User Content (each a “Registration”). Providers will, at our request, deliver to us, as soon as possible, proof of any applicable Registrations in good standing.
Providers my modify or delete posted Tasks (including service description or rates/fees) at any time, however, any changes will not apply to any Orders entered into prior to such change being posted.
Payment disputes initiated by a Customer may require a Provider to provide supporting information to resolve the dispute. In the event of any such dispute, we reserve the right to issue refunds to Customers as we deem appropriate, in our sole discretion.
Providers are solely responsible for collecting and remitting any and all applicable taxes on their services to the appropriate authorities.

Specific Terms for Customers

The following terms apply to Customers:

Providers post Tasks (including the applicable rates/fees for the Task), and Customers may request and purchase services from Providers through the Service. You are solely responsible for reading and reviewing the Task listing before requesting or purchasing any services.
You acknowledge and agree that use of the Service may result in charges to you for purchases of services from Providers. You agree to pay any fees and charges applicable to you purchases of services through the Service, including BCAA fees and any applicable transaction fees, foreign exchange fees, payment processing fees charged by our third-party payment processors, and goods and services, sales or value-added taxes, and are responsible for paying all such fees and charges incurred under your Account. All rates, fees and charges are expressed in Canadian dollars.
BCAA’s third-party payment provider, Stripe, processes receipt of payment from Customers and payout of proceeds to Providers. Customers are required to provide a payment method (such as credit card information) to Stripe in order to pay for Tasks. We reserve the right to request additional information from you to verify your payment method. If you become aware of a potential breach of security to your payment information (such as credit card loss or theft), you must notify us immediately.
By providing a payment method, you: (i) represent and warrant to us that you have the right to use such payment method; and (ii) expressly authorize us and Stripe to charge the applicable fees on said payment method, as well as taxes and other charges related thereto, all of which depend on the services you purchase.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
You acknowledge that Providers are solely responsible for the services they provide to you (including the performance of any Tasks), and that BCAA does not provide or perform Tasks.
By requesting a Task, you represent and warrant that you have the right to grant the Provider access to the premises on which the Task is to be performed in order to perform the Task, and you will be present at such premises or will have a representative who is 19 years old or older present at such premises at all times while the Task is being performed. As a Customer, you are encouraged to maintain proper insurance policies to cover your lability as the owner of the premises on which the Task is to be performed.
As a Customer, you agree that you will not assist the Provider or otherwise participate in the Task in any way, and that BCAA will have no liability to you for any damages or losses, including personal injury, death or property damage, that may arise from your participation in the Task.
You agree that if you have authorized someone other than yourself to book a Task on your behalf or to be present in your stead when the Task is performed, you are appointing that person as your agent (“Agent”), and you are deemed to have granted the Agent the authority to act as your agent in relation to the applicable Task. Agents may direct or instruct the Provider’s performance of the Task, and the Provider may follow such direction as if the direction was given by you. You, as the Customer, assume full and sole responsibility for the acts and omissions of you Agent(s).

Relationship with BCAA

The Service is not an employment agency service or business, and BCAA is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of BCAA.

Users hereby acknowledge and agree that:

BCAA does not (a) perform Tasks nor employ individuals to perform Tasks, (b) supervise, scope, direct, control or monitor Providers’ work (including that BCAA does not set Providers’ work locations, work hours or terms of work), nor provide facilities, equipment, tools or supplies to, or pay any expenses of, Providers, or (c) have any responsibility for the performance of Tasks or any control over the quality, timing, legality, failure to perform, or any other aspect whatsoever of Tasks or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications or communications of Users, or the ratings or reviews provided by Users with respect to each other; and
the creation of an Order will not, under any circumstances, create any responsibility or liability for BCAA, nor any employment or other relationship between BCAA and the Users or between the Customer and the Provider.

Users do not have authority to bind, and may not act as agent for, nor make any representations on behalf of, BCAA (including that Providers may not modify all or any part of BCAA’s fees).

BCAA is neither responsible nor liable for any User’s tax compliance related to their use of the Service.

Posting, Requesting, Booking and Cancelling Tasks

Providers may use the Service to post listings for Tasks. Such listings must be clearly worded and provide a fair and accurate description of the services to be provided. Each listing is limited to one discrete Task to be performed by the Provider. If a Provider wishes to offer to perform more than one Task, the Provider must make a separate listing for each discrete Task to be offered.

Customers may search for, request and book Tasks through the Service. After identifying and selecting a Provider to perform a Task, the Customer may either (a) if offered in the Task listing, submit a request to book the Task on a strict time basis (a “Request”), or (b) contact the Provider via the chat feature in the Service (the “Chat”) to request a quote for the Task.

The Provider may then (i) accept the Request or (ii) provide the Customer with a quote for the applicable Task outlining the details of the Task (including the date, start and end time, description of the work to be performed, rates/fees for such Task (including the BCAA fees and other applicable fees) (a “Quote”) via the Chat. The Customer and the Provider may communicate via the Chat to understand and refine the scope, rates/fees, schedule and other details of the Task (including any specific hazards, obstacles or impediments in the Task location (whether visible or concealed) that may impact the performance of the Task).

Upon the Provider accepting a Request or the Customer accepting the Quote for the Task, as applicable, the Customer and the Provider form a legally binding contract for the performance of the Task, which includes the terms proposed and accepted, and any other contractual terms agreed to, by the Customer and the Provider respect to the Task (an “Order”). The Customer and the Provider each agree to comply with the Order and these Terms during the engagement, performance and completion of a Task. Providers are responsible for exercising their own business judgment in accepting Requests, submitting Quotes, entering into Orders and performing Tasks; and acknowledge that there is a chance for individual profit or loss. BCAA is not a party to any Order. The formation of an Order will not, under any circumstances, create any responsibility or liability for BCAA.

Customers may cancel a Task at any time. However, Customers will be subject to a cancellation fee of $50 if: (a) the Task was cancelled by the Customer less than 24 hours before the scheduled start time for the Task; or (b) at least one hour has transpired since the scheduled start time for the Task and the Customer has been unavailable or unresponsive, so the Task cannot be completed. The cancellation fee will be charged to the Customer’s payment method.

For Customer cancellations meeting the foregoing criteria, Providers affected by such cancellation will be eligible to receive 80% of the cancellation fee, provided they are in compliance with these Terms. We reserve the right to change, modify, increase or decrease the amount and terms of the cancellation fee in our discretion from time to time. If we choose to do so, we will notify you through the Service.

Customers will not be charged a cancellation fee if the Customer requests cancellation of the Task as a result of the Provider failing to show up within one hour after the scheduled start time of the Task and being unresponsive. If a Provider knows or anticipates that they will be unable to show up within one hour after the scheduled start time of a particular Task, the Provider must cancel that Task. In the event a Provider fails to cancel a Task as aforesaid, the Customer may contact BCAA at support.task@marketplace.bcaa.com to have that Task cancelled.

Users are encouraged to contact each other via the Chat if the other party does not show up at the scheduled start time for the Task.

Fees and Payment

Amounts Owed by Customers

Customers will be responsible for paying all fees and charges for each Task in accordance with the applicable Order. BCAA reserves the right to change its fees at any time. Providers have no authority to, and may not, modify all or any part of BCAA’ fees. Unless otherwise expressly stated in these Terms, all fees (including the Provider’s rates/fees and all BCAA fees) are non-refundable.

Amounts Owed by Providers

Providers will be responsible for:

paying registration fees, including the monthly subscription fee, if applicable; and
repaying BCAA or our payment provider any erroneous payments or other amounts received by the Provider.

Changes to Fees; Fees Non-Refundable

BCAA reserves the right to change its fees at any time. Providers have no authority to, and may not, modify all or any part of BCAA’ fees.

Unless otherwise expressly stated in these Terms, all fees (including the Provider’s rates/fees and all BCAA fees, including the monthly subscription fees, if any) are non-refundable.

Payments

As a Customer, you authorize us to:

upon a Provider’s acceptance of your Request or your acceptance of a Quote, as applicable, pre-authorize a charge to your payment method for an amount equal to the fees and charges set out in the applicable Order; and
upon receipt (whether through the Service or via text or email) of confirmation that the Task has been completed, charge the fees and charges set out in the applicable Order to your payment method.

All payments will be held by us for a period of at least five days following confirmation that the Task has been completed (pending any complaints or disputes). Following such hold period we will disburse the Provider’s fees to the Provider and BCAA fees to ourself.

All amounts owed and/or to be paid by any User must be paid through our third-party payment provider, Stripe. Users may not offer or accept payments using any other method. Without limiting the foregoing, Users must:

decline invitations to make payment via a method other than through the Service or to otherwise circumvent the Service; and
immediately report any such requests to BCAA at support.task@marketplace.bcaa.com.

Disputes Between Users

The Service is only a venue for connecting Users. BCAA is not involved in the actual contact between Users or in the performance of Tasks. As such, we encourage Users to try and settle disputes amongst themselves. If for any reason this fails, Users can contact us at support.task@marketplace.bcaa.com.

License to Use

Subject to these Terms, we grant you, the User, permission to access the Service as a personal, non-exclusive, non-transferable, limited and revocable license to use the Service for the purposes of publishing content, accessing others’ content, interacting with other Users, and sending personal electronic messages (the “Purpose”), provided that with respect to any materials obtained from the Service, you may not:

modify, copy, reproduce or create derivative works of such materials, except as explicitly provided;
use the materials for any commercial purpose and for any purpose other than the Purpose;
distribute or transmit the materials;
publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
create derivative works from, transfer, or sell any materials;
attempt to decompile or reverse engineer any software or database contained in or accessed through the Service; or
remove any copyright or other proprietary notations;

without our prior written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

Privacy Policy

You acknowledge that you have read the terms of the Privacy Policy located on the Service (the “Privacy Policy”) at https://www.bcaa.com/Legal/Marketplace-Privacy, and hereby consent to the collection, use and disclosure by us and our agents/mandataries of your personal information in accordance with the Privacy Policy, which is incorporated herein by reference and forms an integral part hereof.

Your Account

You are not required to create a user account or provide any personal information in order to visit the Website, but in order to use certain features of the Service, you must register for an account. In consideration of your use of the Service, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any user registration forms on the Service (“User Account Information”); and (b) maintain and promptly update the User Account Information, and any other information you provide to us, to keep it accurate, current and complete. Upon providing User Account Information to us through the Service, you will be given access to a user account (your “Account”). You hereby agree to be fully responsible for (i) all use of your Account, (ii) any action that takes place using your Account by any person or automated process (even if not authorized by you), (iii) maintaining the confidentiality and security of your Account (including the username and password associated with your Account), and (iv) immediately notifying us upon any unauthorized use of your password or your Account, or if you know of any other breach of security in relation to the Service. For greater clarity, Visitors are not required to create an account.

You must not: (x) register for more than one Account; (y) register for an Account on behalf of any individual other than yourself; or (z) register for an Account on behalf of any organization or entity unless you are duly authorized to do so by such group or entity. You must not register an Account with a username that infringes any third-party intellectual property rights or that we deem, in our sole discretion, is offensive or otherwise in violation of these Terms, including a username which violates the “Acceptable Uses and Prohibitions” set out below.

We may restrict anyone from completing registration if we determine, in our sole discretion, that such person may threaten the safety or integrity of the Service, or if such restriction is necessary to address any other reasonably business concern. We reserve the right to correct or modify your Account, in our sole discretion, at any time to ensure compliance with these Terms. Failure to provide and maintain accurate, current and complete User Account Information may result in your inability to use the Service and/or our suspension or termination of your Account.

Provider Registration

To the extent permitted by applicable law, Providers may be subject to a review process before they can register on, and during their use of, the Service, which may include, but is not limited to, identity verification and criminal background checks using third party services as appropriate (“Background Checks”). As a Provider, to the extent permitted by applicable law, you agree to undergo such Background Checks. BCAA cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users.

BCAA does not independently verify that Providers have the necessary expertise, skills, knowledge or qualifications, or have obtained any insurance or Registrations required to perform their Tasks. It may be unlawful to perform certain types of Tasks without a Registration, and performing same may result in law enforcement actions and/or penalties or fines. Providers are solely responsible for avoiding such prohibited Tasks. If you have any questions about how federal, provincial, municipal, local or other laws apply to Tasks you offer or obtain through the Service, you should first seek appropriate legal advice. Customers are solely responsible for determining if a Provider has the expertise, skills, knowledge or qualifications necessary to perform the relevant Task and confirming that the Provider has obtained all required Registrations.

Eligibility and Acceptance of Terms

The Service is intended only for users who are 19 years old and over, and any registration, use or access to the Service by anyone under 19 years old is unauthorized, unlicensed and in violation of these Terms.

By accessing or ‎using our Service, you confirm that: (a) you are at least 19 years old and can form a binding contract with ‎‎BCAA; (b) you accept these Terms; and (c) you agree to be legally bound by and comply ‎with these Terms. If you are agreeing to these Terms on behalf of a company, corporation, partnership or other entity, you represent and warrant that you are an authorized representative of that entity and have the necessary power and authority to enter into these Terms on behalf of such entity and to bind such entity to these Terms.

If you are under 19 years old, or do not possess such authority, you must cease accessing or using the Service. If we learn that someone under the relevant age, or without such authority, is using the Service, we will ‎terminate access to the Service for such User. ‎

WAIVER AND ASSUMPTION OF RISK

BY ACCEPTING THESE TERMS YOU freely accept and voluntarily agree to assume all risks of personal injury, death and property damage or loss connected with your use of the Service AND ANY CONTENT ON THE SERVICE howsoever arising, TO THE EXTENT PERMITTED BY APPLICABLE LAW, including: (a) THE CONDUCT, WHETHER ONLINE, OFFLINE OR IN-PERSON, OF ANY USER OR THIRD-PARTY, (B) conditions on or about the lands and premises, the operation or specifications of the equipment, transportation and any other operations associated with your use of the Service, (C) actions, omissions or negligence (including failure to use reasonably prudent and careful care, and failure to protect you from risks, dangers and hazards inherent in the use of the Service) of BCAA and our subsidiaries, affiliates, directors, officers, contractors, employees, agents/ MANDATARIES, insurers and other representatives (“BCAA Personnel”), the owners and lessors of the lands/premises where the Service is being used, all of their respective affiliates, successors and assigns (together with BCAA Personnel, the “Releasees”), and (c) any breach of contract, breach of statutory duty or other breach of duty of care, including any duty of care imposed by law, by equity, on the part of all or any of the Releasees.

YOU hereby waive, release and forever discharge the Releasees from and against any and all manner of liabilities, claims, demands, suits, damages (including direct, indirect, special, punitive, incidental and consequential damages), losses, interest, costs, expenses, debts, actions and causes of action of any kind, character or nature whatsoever, known or unknown, fixed or contingent, including those of loss, damage, injury or death howsoever arising, including as described in THE paragraph DIRECTLY ABOVE (“Claims”) that YOU have, may have, or have ever had resulting from or connected in any way with YOUR USE OF THE SERVICE OR ANY CONTENT ON THE SERVICE, including anything arising after the date of YOUR AGREEMENT TO THESE TERMS.

You are solely responsible for your interactions with other people, whether online, offline or in-person. BCAA is not responsible or liable for any loss or damages resulting from any interaction with other Users, persons you meet through the Service, or persons who find you because of information posted on, by or through the Service. You agree to take reasonable precautions in all interactions with other Users on the Service, and to conduct any necessary investigation before meeting another person. BCAA is under no obligation to become involved with any User dispute, but may do so at its own discretion.

Proprietary Rights

In these Terms, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.

Our Content

Except where expressly stated otherwise, all right, title and interest in and to the Service and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Service (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Service or these Terms grants you any right, title, or interest in or to Our Content except the limited right to use the Service as set out herein.

User Content

The Service may contain interactive functionality, such as applications, features, promotion, chat functionality, e-mail, comments, reviews, ratings, profiles, blogs, message boards, Task posting, and other such functions (collectively, “Interactive Functions”), allowing Content you submit, post, publish, upload, display, transmit or otherwise share (collectively, “submit”) to or through the Service to be viewed or used by us, our business partners or other Users or persons. You may only use such Interactive Functions to send and receive messages and materials that relevant and proper to the purposes of the Service.

All Content that Users submit to or through the Service (collectively, “User Content”) remains fully vested in such User or their licensors. By using the Service or submitting User Content, you are deemed to grant us a non-exclusive, perpetual, irrevocable, transferable, sublicenseable (including through multiple tiers of sublicensing), royalty free, fully paid up, and worldwide license to use, access, host, store, download, distribute, transmit, broadcast, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, ‎perform, display, publish and create derivative works from such User Content, including your trademarks, trade names, logos, slogans and copy, for the purposes of operating, marketing, promoting and/or improving the Service or any other BCAA products or services. By submitting any User Content you will also be deemed to have waived any moral rights or other rights of authorship you may have in or to such User Content in favour of BCAA.

You understand that none of the User Content (defined below) you submit to or through the Service will be confidential. BCAA will not be responsible for the actions of any User with respect to information or materials posted or disclosed via Interactive Functions.

Third Party Content

Content accessed or available through the Service or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Service or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Service as set out herein.

Responsibility for Content

You represent, warrant, and covenant that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any User Content, Feedback (defined below) and any other content, information or material received, transmitted or sent by you using the Service. By submitting or providing User Content or Feedback, you further represent and warrant that you have or own all necessary legal rights to submit such User Content or Feedback (including all rights required to grant the foregoing license to us or to assign such Feedback to us) and that such User Content or Feedback does not and will not violate any law or rights of any third party (including intellectual property, privacy, personality or other personal or proprietary rights). You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content or Feedback.

User Content is not the opinion of, and has not been verified or approved by, BCAA. You acknowledge and agree that BCAA: (a) is not involved in the creation or development of User Content and does not control any User Content; (b) is not responsible or liable for any User Content (including the accuracy, or results obtained from the use, thereof or reliance thereon); (c) may, but has not obligation to, monitor or review User Content; and (d) reserves the right to limit or remove User Content if it is not compliant with these Terms.

Objectionable Content

You will not, and we strictly prohibit, the uploading and display of any Content portraying explicit ‎nudity, adult content, or that is unacceptable for viewing by minors, libelous, defamatory, threatening, abusive, discriminatory, derogatory, unlawful or otherwise obscene or objectionable, in our sole ‎discretion. For example, prohibited Content would include material that promotes hatred or violence or User Content that would only be ‎appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the ‎sole discretion of whether Content is suitable belongs to us, and we reserve the right (but have ‎no obligation) to (a) delete any Content we deem to violate these Terms, or (b) to suspend or deactivate the Account and/or terminate or restrict access to any corresponding Service from which such User Content was made ‎available on the Service without providing you with advance warning.‎

Public Transmission and Caching

You acknowledge and agree that the technical processing and transmission of the Service, including Content, may involve transmission over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

Feedback

All right, title and interest in and to comments, ideas, suggestions and impressions of the Service and our products or services given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign all right, title and interest in and to such Feedback to us.

Compliance and Complaints

We do not have any obligation to censor or review any User Content or Third-Party Content or to monitor use of the Service. However, you agree that we may, without notice or liability, disclose to third parties any of your information, monitor use of the Service and monitor, review and retain any Content (including communications between Users via the Chat or other Interactive Functions) if we believe in good faith that such activity is reasonably necessary to provide the Service to customers, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Service by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Service, including your Account.

Proprietary Notices

The Service and all of Our Content is owned and copyrighted by BCAA or its licensors, and is licensed to you in accordance with these Terms only.

The trademarks, logos, and service marks displayed on or through the Service are the property (whether registered or unregistered) of BCAA, its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior written consent. Except as expressly indicated on the Service, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

The CAA and BCAA name and logo displayed on or through the Service are the property of the Canadian Automobile Association (“CAA”). BCAA is a licensed user of these marks.

We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property rights. We may also, at our sole discretion, limit access to the Service or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

Acceptable Use and Prohibitions

In addition to any other terms or conditions regarding your use of the Service in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Service from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms.

Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:

you only use the Service for lawful purposes and only for the Purpose;
you respect the privacy (including privacy, family and home life), property, and data protection rights of other Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any other User and/or BCAA without obtaining the prior written consent of the such other User and/or BCAA, as applicable;
act professionally and responsibly in your interactions with, and fulfill commitments you make to, other Users (including communicating clearly and promptly through the Chat, and being present and/or available at the time you agree upon with other Users);
only use our third party payment provider, Stripe, to make or receive payment for Tasks;
use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
all communications regarding Tasks (including scoping and payments and any questions relevant to Tasks) remain on the Service, before, during and after the Task; and
if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Service, directly or indirectly do or permit any of the following:

request or provide email addresses, third-party messaging applications, telephone numbers or any other personal contact details to communicate outside of the Service in order to circumvent or abuse the Chat or the Service (any necessary exchange of personal information required to facilitate a Task may be exchange via the Chat);
recruit or otherwise solicit any person or User to join third-party services or websites that are competitive to BCAA or to use the Service to obtain work or Tasks outside the provision of our Service;
use the Service for the purchase or delivery of alcohol or any other controlled or illegal substances or services;
alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Our Content or any Third Party Content;
reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service, Our Content or any Third Party Content, or any part thereof;
make the Service or Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with these Terms;
except as expressly permitted by BCAA in writing, republish any Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be;
use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Content;
sell anything you don’t have a right to sell under applicable law;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your User Account Information, Account or otherwise;
upload, post, transmit, share or otherwise make available on the Service any Content that:

(a) consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that is prohibited by law;

(b) contains any private information of any third party, including addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information;

(c) we determine, in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; or

(d) contains Trojan Horses, worms, time bombs, or software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Content;
remove any copyright or other proprietary notices on or in the Service, Content or any part thereof;
solicit personal information from anyone under 19 years of age or solicit passwords or personally identifying information from any person for unlawful purposes;
use the Service or any Content to “stalk”, intimidate, harm or otherwise harass another User or another person;
intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority;
access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Content;
utilize the Service in any way except as expressly permitted by these Terms, including by developing or using any software tool or other application that interfaces with the Service or the Website except for standard web browsers;
interfere with or disrupt the Service or Content (including the servers, networks or technology connected to the Service); or
use or attempt to use another's Account or the Service without express authorization from us or the applicable User.

Termination, Deactivation and Suspension

We may, in our sole discretion, suspend, restrict, deactivate or terminate your use of the Service, including your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Service or our or any third party’s equipment or network is impaired by your use of the Service, we have received a third party complaint which relates to your use or misuse of the Service, or you have been or are in breach of any term or condition of these Terms. If we suspend or deactivate your Account or restrict your use of the Service, you may not register and/or create a new Account under different usernames, identities or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.

Users may also deactivate their Account at any time from their Account settings. Users that deactivate their Account will still be responsible for any outstanding payment obligations. Any provisions of these Terms that relate to the relation between a Customer and a Provider regarding Tasks or Orders will remain in effect even after you deactivate your Account.

Disclaimers, Limits of Liability, and Indemnities

Internet-Based Limitations

Your use of the Service may depend on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

Customer Acknowledgement

You acknowledge and agree that (i) all use of the Service provided by us is at your own risk, (ii) the Content that you may access while using the Service may contain links to other websites or applications, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such websites or applications or the information contained therein, and (iii) all products and services provided under these Terms are provided on an “as is” and “as available” basis.

Disclaimer of Warranties

We make no conditions, warranties or representations about (a) the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness, accuracy, safety or health risks of the Service or any User Content or Third Party Content, (b) the results that may be obtained from the use of the Service or any Task or service provided on, through or in connection with the use of the Service, or (c) the Tasks or services provided by, or the interactions or communications of or between, Users (whether online or offline or otherwise) (including any Provider’s ability, professional accreditation, registration or licensure). We do not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third-party through the Service or any hyperlinked website o service, including by any Provider, and we will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services. We do not control or direct what Users do or say on the Service, and we are not responsible for the actions or conduct of our Users (whether online or offline) or any Content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER, IN CONNECTION WITH THE SERVICE OR ANY USER CONTENT.

NO LIABILITY

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS OR DISTRIBUTORS (COLLECTIVELY IN THESE DISCLAIMERS AND LIMITATIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE SERVICE, OR ANY CONTENT OR SOFTWARE IN CONNECTION THEREWITH, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IF SUCH DAMAGES OR LOSSES WOULD BE REASONABLY FORESEEABLE, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:

SENDING, RECEIVING, NOT SENDING, NOT RECEIVING, LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS, DATA OR TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICE;
ANY SUSPENSION, CURTAILMENT, RESTRICTION, TERMINATION OR OTHER LIMITATION PLACED ON YOUR USE OF THE SERVICE, OR YOUR ACCOUNT;
ANY ACT OR OMISSION OF YOU, ANY OTHER USER OR ANY THIRD PARTY, INCLUDING ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS;
THE PERFORMANCE OF THE SERVICE;
THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THESE TERMS OR VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED USING, OVER OR THROUGH THE SERVICE, INCLUDING MATERIAL THAT INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS; AND
DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES, TROJAN HORSES, SPYWARE, SPAM OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH OUR SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED $100.

THE LIMITATION OF LIABILITY PROVISIONS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

Applicability

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

Indemnity By You

To the fullest extent permitted by applicable law, you agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (a) access to or use, by you or permitted by you, of the Service or your Account, (b) your User Content or Feedback; or (c) any of your acts or omissions, including, as applicable, (i) your participation in Tasks, or your ability or inability to perform Tasks or receive payment therefor, (ii) the acts or omissions of your Agent(s), (iii) your breach or non-performance of these Terms, and (iii) any violation of any applicable law or third party rights, including the infringement of third party intellectual property rights in relation to User Content.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ‎OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE ‎DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ‎ADDITIONAL RIGHTS. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY ‎CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.‎

Copyright

If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification to our designated agent for copyright and other complaints:

by e-mail: support.task@marketplace.bcaa.com;
by regular mail: The General Manager, BCAA, Task Marketplace, 4567 Canada Way, Burnaby, BC, V9N 2K6; or
by making use of the “flagging” or other such notification functionality available within the Service.

The notification must be a written communication that includes the following (as applicable):

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
if the complaint is about objectionable content, the reasons for the objection;
identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the information in the notification is accurate; and
if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.

General Provisions

Interpretation

In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to Service shall also include any successor or replacement applications containing substantially similar information as the referenced Service(s), and (iv) any monetary amounts expressed are in Canadian dollars.

Waiver of Rights and Remedies

Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including the right to suspend, restrict or terminate your access to any portion of the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability

If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Notifications

Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Service, as we may determine in our sole discretion.

Governing Law and Jurisdiction

These Terms and the rights of the parties hereto are governed by and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.

Assignment and Inurement

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Survival

All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Relationship

You agree that no joint venture, partnership, employment, or agency or mandate relationship exists between us and you as a result of these Terms or your use of the Service.

No Third-Party Beneficiaries

These Terms are solely between, and for the sole benefit of, BCAA and the applicable User, and nothing herein, express or implied, is intended to or will confer upon any other person, including any other User, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

Language

By agreeing to these Terms, you acknowledge that you have expressly selected the English version of ‎same and agreed to transact with BCAA in English. En acceptant les présentes Conditions, ‎vous reconnaissez avoir expressément sélectionné la version anglaise desdites Conditions et convenu de ‎faire affaires avec BCAA en anglais.

Entire Agreement

These Terms, as amended from time to time, including any and all documents, applications, rules, terms and policies referenced herein and any other agreements entered into between us and you, as applicable, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and the Service, and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

Questions and Concerns

If you have any questions or concerns about these Service terms, please contact us at support.task@marketplace.bcaa.com.