Terms of service

These Terms of Service outline the Knackstor Platform and your obligations and responsibilities and form the agreement between you and Knackstor. Please contact us at talktous@knackstor.com if you have any other questions. 

Knackstor operates an online platform (‘Knackstor Platform’), which allows users to connect through the Knackstor Platform with other Users who provide Services. Please read these Terms and our policies, including the Privacy Policy, carefully before using the Knackstor Platform. Our policies are incorporated into the Terms by reference.

All defined terms in the Terms have the meaning given to them in the Knackstor Glossary at the end of this page.


1. SCOPE OF SERVICES

1.1 Knackstor is the Platform that enables service providers (referred to as ‘Knackstors’) to upload a profile including their skill sets, charges for services based on the skill sets, and whether they would like to earn through their services or volunteer free of charge.

1.2 Knackstor Platform allows Customers to search for services and browse Knackstor profiles which are matched by the platform to their search. Customers are able to browse matched Knackstor profiles for cost and availability and request a booking which is then confirmed by the respective Knackstor through the Platform.

1.3 Once a Knackstor has accepted the booking, the Customer and the Knackstor are able to liaise through the Platform for further communication.

1.4 Some parts of Job details may be made publicly available, including to internet users who are not Knackstor Platform Users.

1.5 The Company reserves the right to cancel a booking at any time due to legitimate reasons. A Customer may cancel a job at least 24 hours before the session. If a Customer fails to cancel the job 24 hours before the session, then they will be charged the minimum session rate of that Job booking. 

1.6 If a Knackstor accepts a booking on the Knackstor Platform, a Job Contract is created between the Knackstor and the Customer for an Agreed Price.

1.7 Upon creation of a Job Contract: 

  1. the Customer must pay the Agreed Price; and 

  2. the Knackstor must render the Services as agreed between the Customer and the Knackstor. 

1.8 Once the Services are complete, the Customer must provide confirmation of Job completion in response to correspondence received from the Company. This confirmation must be provided by the Customer within 48 hours of Job completion. If the Company does not receive confirmation from the Customer within 48 hours then all reasonable efforts will be made via electronic and/or telephonic communication to secure the confirmation from the Customer over the following 3 working days. Failing this, the Company will release the funds to the Knackstor after the 3 working days. 

1.9 Once the Services are complete and clause 1.8 has been satisfied, the funds will be released as per the funds availability policy of the payment gateway or by the Company, whichever is effective at that date. The Company will make all efforts to release funds to the Knackstor within seven working days of receiving confirmation from the Customer or as per clause 1.8.

1.10 Where a Customer disputes a notice of completion, the Customer must notify the Company via the Knackstor platform as soon as possible, by in any event, within 48 hours of the Job completion. 

1.11 After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Knackstor Platform.

1.12 The Knackstor Platform may provide a feature enabling Customers to request Services based on specific Knackstor’s skills, reputation or attributes. 


2. KNACKSTOR PLATFORM’S ROLE AND OBLIGATIONS

2.1 The Company only provides the Knackstor Platform. 

2.2 The Knackstor Platform only permits persons who are retired and/or senior citizens to become Knackstors. For the purposes of this clause 2.2, ‘retired’ and ‘senior citizens’ means: 

(a) over the age of 55, and

(b) not contracted by a third party to provide services on the Platform and/or representing a business (not including work on the Knackstor Platform). 

2.3 At its absolute discretion, the Knackstor Platform may refuse to allow any person to register or create an account or cancel or suspend any existing account, for the reasons below but not limited to the same:

(a) the person does not, or no longer meets the criteria set out at clause 2.2 of the Terms; 

(b) the person is charged with or has been found guilty of an offence under Canadian law; or

(c) the person engages in anti-social behaviour, discriminatory conduct or hate speech on the Knackstor Platform.  

2.4 Registering and creating an account on the Knackstor Platform is free for both the Customer and the Knackstor. A Knackstor may be required to pay a fee for certain verification checks which may be a prerequisite for them to provide services through this Platform.  

2.5 To the extent permitted by law, the Company accepts no liability for any aspect of the Customer and Knackstors interaction, including but not limited to the description, performance or delivery of Services, the creation, enforcement, implementation or alleged breach of the Job Contract.

2.6 To the extent permitted by law, the Company has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Knackstors to perform Jobs or supply items, or the honesty or accuracy of any information provided by Customers or the Customers' ability to pay for the Services requested.

2.7 Except for liability in relation to any Non-Excludable Condition, the Knackstor Service is provided on an "as is" basis, and without any warranty or condition, expressed or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.8 The Platform has no obligation to any User to assist or involve itself in any dispute between Users, although it may elect (at its sole discretion) to do so to improve User experience.


3. ALL USER OBLIGATIONS

3.1 You will at all times:

(a) comply with these Terms (including all Policies) and all applicable laws and regulations;

(b) only post accurate information on the Knackstor Platform;

(c) ensure that You are aware of any laws that apply to You as a Customer or as a Knackstor, or in relation to using the Knackstor Platform.

3.2 You agree that any content (whether provided by the Company, a User or a third party) on the Knackstor Platform may not be used on third-party sites or for other business purposes without the Company’s prior permission.

3.3 You must not use the Knackstor Platform for any illegal or immoral purpose.

3.4 You must maintain control of your Knackstor account and must not deal your account in any way, including by allowing others to use your account, or by transferring or selling your account or any of its content to another person.

3.5 You agree that any information posted on the Knackstor Platform must not, in any way whatsoever, be potentially or actually harmful to the Company or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by the Company.

3.6 Without limiting any provision of these Terms, any information you supply to the Knackstor Platform or publish in the course of a Job Contract must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

(e) be defamatory, libellous, threatening or harassing;

(f) be obscene or contain any material that, in the Company’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of Knackstor Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

3.7 Knackstor Platform may from time to time engage location-based or map-based functionality. The Knackstor Platform may display the location of Customers and Knackstors to persons browsing the Knackstor Platform. Each Customer will be asked to provide the street and suburb where the Services are to be delivered. Any personal details which an User discloses through any public communication on the Knackstor Platform will be at their own discretion and the Company will not be responsible for the same.

3.8 If you are a Knackstor, you must have the right to provide Services under a Job Contract and to work in Canada. You agree that you are responsible for compliance with tax and regulatory obligations in relation to Services performed under a Job Contract.

3.9 You must not, when supplying Services, charge a Customer any fees on top of that agreed on the Platform as part of the relevant Job Contract. However, the parties to a Job Contract may agree to amend the Job Contract, including the Agreed Price, through the Knackstor Platform.

3.10 You must not request payments outside of the Knackstor Platform from the Customer except to the extent permitted by clause 3.11 and only if the Knackstor Platform does not facilitate the reimbursement via the payment gateway of costs considered in clause 3.11.

3.11 If a Knackstor agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Knackstor is solely responsible for obtaining any reimbursement from the Customer. 

3.12 If the Company determines that you have breached any obligation under this clause 3 or that you have breached one or more Job Contracts, it reserves the rights to remove any content, bookings (including Instant Requests or Instant Claims) you have submitted to the Knackstor Platform or to cancel or suspend your account and/or any Job Contracts.


4. FEES

4.1 Upon the creation of a Job Contract, the Knackstor owes the Company the Service Fee. The Service Fee will be calculated as 12% of the Agreed Price, excluding any costs or disbursements incurred by the Knackstor. The Service Fee will automatically be deducted from the Agreed Price held in the payment gateway or in the Company’s bank account as per the existing policies.

4.2 Service Fees do not include any fees that may be due to Third Party Service providers. All Third-Party Service providers are paid pursuant to a User's separate agreement with that Third-Party Service provider.

4.3 All Fees and charges payable to the Company are Non-Refundable, subject to your rights under any Non-Excludable Conditions.

4.4 If the Company introduces a new service on the Knackstor Platform, the Fees applying to that service will be payable as from the launch of the service.

4.5 Knackstor may set-off any Fees against any Knackstor Funds or other amounts held by Knackstor on behalf of a User.

4.6 Knackstor may restrict a User's account until all Fees have been paid.


5. PAYMENTS AND REFUNDS

5.1 If:

(a) the Customer cancels the Job Contract at least 24 hours prior to the scheduled Job time; or

(b) following reasonable attempts to contact a Knackstor to perform the Job Contract, the Job Contract is cancelled;

and

(c) the Company is satisfied that the Agreed Price should be returned to the Customer,

then, subject to clause 5.3, Company will pay the Funds to the Customer. 

5.2 If a Job Contract is cancelled:

(a) the Company will retain the Service Fee in accordance with clause 4.1; and

(b) the cancellation will be attributed to Knackstors unless they can provide evidence to the Company’s satisfaction that the Customer unreasonably caused the cancellation of the Job Contract.

5.3 If cancelled by the Customer (as determined by this clause 5.2), the Customer must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Knackstors under the relevant Job Contract. The platform may agree to refund the Service Fee to the Knackstors.

5.4 If the Customer and the Knackstor agree to any additional cancellation fee payable under the Job Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.5 Following resolution of a cancelled Job Contact in accordance with clause 5.1, the Knackstor Platform may take up to 21 days to return the funds to the Customer.

5.6 If, for any reason, the Knackstor Funds cannot be transferred or otherwise made to the Knackstor or returned to the Customer (as the case may be) or no claim is otherwise made for the Knackstor Funds; the Knackstor Funds will remain with the company or in the payment gateway account until paid or otherwise for up to three months from the date of completion or cancellation (as the case may be).

5.7 Following the 3 months referred to in clause 5.6 and provided there is still no dispute in respect of the Knackstor Funds, the Knackstor Funds will be refunded to the Customer or converted to Credits and credited to the Customer, by mutual agreement between the Customer and the Company.


6. KNACKSTOR CREDITS

6.1 Knackstor Credits:

(a) can be used by the credited User to pay for any new Services or outstanding debt owed to the Company via the Knackstor Platform;

(b) are not refundable or redeemable for cash;

(c) cannot be replaced, exchanged or reloaded;

(d) are valid for 12 months from the last date the Knackstor credit is topped-up, the date of issue or purchase or any expiry date applied by the Company (subject to any contrary specific jurisdictional legislative requirements);

(e) may also be subject to additional, or different, terms and conditions, as specified in relation to Knackstor Credits, such as a restriction on when and by what method the Knackstor Credit is redeemable, specify a minimum Services value, or specify a maximum credit or discount value; and

(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without the Company’s prior written permission.

6.2 To the extent permitted by law, the User credited with Knackstor Credits is solely responsible for the security of such Credit. The Company will have no liability for any loss or damage to the same and does not have any obligation to replace Knackstor Credits.

6.3 The Company will not accept, and may refuse or cancel, any Knackstor Credits, which it determines has been obtained or used in breach of these Terms or have been forged, tampered with, or are otherwise fraudulent and the Company reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. Knackstor Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

6.4 The Company is entitled to any value on Knackstor Credits which is not redeemed before they expire or are cancelled by the Knackstor Platform.


7. PAYMENT FACILITY

7.1 The Company may use a provider to operate the payment gateway.

7.2 If the Company changes its payment provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, the Company will use best endeavours to provide you with an alternative means of payment. You acknowledge and agree that alternative means of payment may not be possible in some circumstances. 


8. THIRD PARTY SERVICES

8.1 The Company may from time to time include Third Party Services on the Knackstor Platform. These Third Party Services are not provided by the Company.

8.2 Third Party Services are offered to Users pursuant to the Third Party's terms and conditions. Third Party Services may be promoted on the Knackstor Platform as a convenience to our Users.

8.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

8.4 The Company makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Knackstor Platform, Users may inform the Company of their Third Party Service experience.


9. KNACKSTOR VERIFICATIONS

9.1 The Company may use Identity Verification Services.

9.2 You agree that Identity Verification Services may not be fully accurate as such services are dependent on User-supplied information and/or information or verification services provided by third parties.

9.3 You are solely responsible for identity verification and the Company accepts no responsibility for any use that is made of an Identity Verification Service.

9.4 Identity Verification Services may be modified at any time.

9.5 The Knackstor Platform may also include a User-initiated feedback system to help evaluate Users.

9.6 It remains the Knackstor's responsibility to ensure that information or documentation they provide is true and accurate and must inform the Company immediately if a licence, document or certification is no longer valid or if personal details have changed.


10. INSURANCE 

10.1 The Company may offer its Users an opportunity to obtain insurance for certain Job Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be linked to or displayed on the Knackstor Platform when they are available. All insurance policies are Third Party Services and subject to further terms and conditions set out for Third Party Services.

10.2 The Company does not represent that any insurance that is offered via the Knackstor Platform is adequate or appropriate for any particular User. Each User must make its own enquiries or seek financial advice about whether any further insurance is required.

10.3 The Company may also take out other insurance itself and may elect to extend certain types of insurance coverage to Users. The Company reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. The policy details can be requested from the Company. Users are responsible for familiarising themselves with these policies.

10.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Knackstor, and insurance taken out by the Company (if any) responds to that claim (or any part thereof) then this clause applies. If a claim is made against a Knackstor, the Company may elect to make a claim under any applicable policy and if the claim is successful, the Company reserves its right to recover any excess or deductible payable in respect of the claim from the Knackstor. Where the Company makes a claim and the insurer assesses that the Knackstor is responsible, the Company is entitled to rely on that assessment. If you do not pay the excess due under this clause, the Company may also elect to set-off some or all of the excess amount against future moneys payable to you. 

10.5 The Knackstor acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Knackstor, and the insurance taken out by the Company (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. The Company may elect to pay an amount to settle the claim. To the extent that the Knackstor was or would be liable for the amount of the claim, the amount paid by Knackstor may be recovered by the Company from the Knackstor. The Company may also elect to set-off some or all of the amount owing against future moneys payable to the Knackstor. 


11. FEEDBACK

11.1 You can complain about any comment made on the Knackstor Platform by contacting us via the Knackstor Platform.

11.2 The Company is entitled to suspend or terminate your account at any time if we are concerned by any significant negative feedback about you or reasonably consider that you have a history of persistently negative feedback.


12. LIMITATION OF LIABILITY

12.1 Except for liability in relation to breach of Non-Excludable Condition, to the extent permitted by law, the Company specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Customers and Knackstors.

12.2 Except for liability in relation to a breach of any Non-Excludable Condition, to the extent permitted by law, the Company specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Knackstor Platform.

12.3 Except for liability in relation to a breach of any Non-Excludable Condition, and to the extent permitted by law, the Company is not liable for any Consequential Loss arising out of or in any way connected with the Knackstor Services.

12.4 Except for liability in relation to a breach of any Non-excludable Condition, the Company’s liability to any User is limited to the total amount of payment made by that User to Knackstor during the twelve-month period prior to any incident causing liability of Knackstor, or CA$50, whichever is greater.

12.5 The Company’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.


13. PRIVACY

13.1 Knackstor's Privacy Policy is available on the Company’s website and applies to all Users and forms part of the Terms. Use of the Knackstor Platform confirms that you consent to, and authorise, the collection, use and disclosure of your Personal Information in accordance with the Privacy Policy.

13.2 You acknowledge and agree that Third Party Service providers will provide their service pursuant to their own Privacy Policy. 

13.3 The Company will endeavour to permit you to transact anonymously or pseudonymously on the Knackstor Platform. However, in order to ensure the Company can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, the Company reserves the right to ask Users to verify themselves in order to remain a User.


14. MODIFICATIONS TO THE TERMS

14.1 The Company may modify the Terms or the Policies (and update the Knackstor Platform pages on which they are displayed) from time to time. The Company will send notification of any material modifications to the email address registered with your account or advise you the next time You login.

14.2 When you actively agree to amended Terms (for example, by clicking a button saying "I accept") or continue to use the Knackstor Platform in any manner, including engaging in any acts in connection with a Job Contract, the amended Terms will be effective immediately. In all other cases, the amended Terms will automatically be effective 30 days after they are initially notified to You.

14.3 If you do not agree with any changes to the Terms (or any of our Policies), you must either terminate your account or notify the Company as soon as practicable so that the Company may terminate your account.



15. NO AGENCY

15.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by the Terms. In particular You have no authority to bind the Company, its related entities or affiliates in any way whatsoever. The Company confirms that all Third Party Services that may be promoted on the Knackstor Platform are provided solely by such Third Party Service providers. To the extent permitted by law, the Company specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Third Party Service.


16. NOTICES

16.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, to the Company’s contact address as displayed on the Knackstor Platform. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and

(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Canada.

16.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.


17. MEDIATION AND DISPUTE RESOLUTION

17.1 The Company encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. 

17.2 If a dispute arises with another User, you agree to co-operate with the other User and make a genuine and reasonable attempt to resolve the dispute.

17.3 The Company may elect to assist Users resolve disputes referred by a User to the Company. You agree to co-operate with any investigation undertaken by the Company. The Company reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the payment provider, where applicable, to make payment accordingly. You may raise your dispute with the other User or the Company’s determination in an applicable court or tribunal.

17.4 The Company has the right to hold any Agreed Price that is the subject of a dispute in the payment gateway account, until the dispute has been resolved.

17.5 The Company may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

17.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

18.7 If You have any complaint about the Knackstor Service please contact us via the Platform.


18. TERMINATION

18.1 Either You or the Company may terminate your account and these Terms at any time for any reason.

18.2 Termination of the Terms terminates all Job Contracts formed between Users. Any funds held will be refunded to the Customer. 

18.3 Third Party Services are subject to Third Party Service provider terms and conditions. You acknowledge that you may remain bound by Third Party Services even if the Terms are terminated. You are responsible for contacting Third Party Service providers to terminate your agreement with them.

18.4 Sections 4 (Fees), 12 (Limitation of Liability) and 17 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of the Terms.

18.5 If Your account or the Terms are terminated for any reason then you may not without the Company’s consent (in its absolute discretion) create any further accounts with the Company and we may terminate any other accounts you create or operate.


19. GENERAL

19.1 These Terms is governed by the laws of Canada. You and the Company submit to the exclusive jurisdiction of the courts of Canada.

19.2 The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

19.3 These Terms may be assigned or novated by Knackstor to a Third Party without your consent. In the event of an assignment or novation the User will remain bound by the Terms.

19.4 The Terms sets out the entire understanding and agreement between the User and Knackstor with respect to its subject matter.








APPENDIX A:

JOB CONTRACT

The terms used in this Job Contract have the meaning set out in the Knackstor Glossary. A Job Contract is created in accordance with the Terms. To the extent of any inconsistency, the Terms shall prevail. Unless otherwise agreed, the Customer and the Knackstor enter into a Job Contract on the following terms:

1 COMMENCEMENT DATE AND TERM

1.1 The Job Contract is created when the Knackstor accepts the Customer’s booking. 

1.2 The Contract will continue until terminated in accordance with clause 7 of this Appendix A.

2 SERVICES

2.1 The Knackstor will perform Services in a proper and professional manner. 

2.2 The Knackstor must perform the Services at the time and location agreed.

2.3 Both parties must perform their obligations in accordance with the Job Contract and any further variations agreed to by the parties subsequent to the creation of the Job Contract.

3 WARRANTIES

3.1 Each party warrants that the information provided in the creation of the Job Contract is true and accurate.

3.2 The Knackstor warrants that he/she has the right to work and provide Services and hold all licences required to perform the Services in Canada.

3.3 The parties incorporate the Consumer Guarantees into the Job Contract, even if they are not already incorporated by law.

4 PAYMENT OR CANCELLATION

4.1 Upon the creation of the Job Contract, the Customer must pay the Agreed Price via the payment gateway.

4.2 Upon the Services being completed, the Customer will provide notice of completion on the Knackstor Platform.

4.3 The Customer will be prompted to confirm the Services are complete. If the Knackstor has completed the Services in accordance with clause 2, the Customer must use the Knackstor Platform to release the Knackstor Funds. If no response is received from the Customer, the funds will be released in accordance with the Terms. 

4.4 If the parties agree to cancel the Job Contract, or either party is unable to contact the other party to cancel the Job Contract, the Knackstor Funds will be dealt with in accordance with the Terms.

5 LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Job Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute in good faith and reasonably within 14 days by informal negotiation (by phone, email or otherwise).

6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to the Company and act in accordance with clause 18 of the Terms.

7 TERMINATION OF CONTRACT

The Job Contract will terminate when:

(a) the Services have been completed and the Agreed Price is released from the payment gateway;

(b) a party is terminated or suspended from the Knackstor Platform; or

(c) otherwise agreed by the parties or the Third-Party Dispute Service. 

8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

The Job Contract is governed by the laws of Canada. The parties submit to the exclusive jurisdiction of Canada.


Knackstor Glossary

"Agreed Price" means agreed price for Services (including any variation) paid via the payment gateway by the Customer but does not include any costs incurred by the Knackstor when completing Services which the Customer agrees to reimburse.

"Business Day" means a day on which banks are open for general business in cities and provinces of Canada where Knackstor operations are in force, other than a Saturday, Sunday or public holiday.

"Cancellation Admin Fee" means the Fee payable by a Customer or a Knackstor for cancelling a Job Contract.

"Company" "we" "us" "our" means Blue Hour Sky Technologies Inc., incorporated under Canada Business Corporations Act, having its Corporation Number as 1172997-7.

"Consequential Loss" means any loss, damage or expense recoverable at law:

(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or

(b) which is a loss of:

    • a. opportunity or goodwill;

    • b. profits, anticipated savings or business;

    • c. data; or

    • d. value of any equipment,

and any costs or expenses incurred in connection with the foregoing.

"Consumer Guarantees" means the consumer guarantees contained in the Consumer Protection Act of the relevant province of Canada.

"Fees" means all fees payable to the Company by Users including the Service Fee.

"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, references, integration with social media and Verification Icons.

"Customer" means a User that books a Knackstor on the Platform from time to time.

"Marketing Material" means any updates, news and special offers in relation to the Company or its Third-Party Services.

"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

"Personal Information" has the same meaning as described in the Privacy Policy.

"Policies" means the policies posted by the Company on the Knackstor Platform, including but not limited to the Privacy Policy.

"Privacy Policy" means the privacy policy which is available at https://knackstor.com.

"Reference" means a feature allowing a User to request other Users to post a reference on the Knackstor Platform endorsing that User.

"Service Fee" means the fee payable by the Knackstor to the Company as consideration for the Knackstor Services (and comprised as part of the Agreed Price) displayed to a Knackstor prior to entering into each Job Contract.

"Services" means the services to be rendered as described in the Posted Job, including any variations or amendments agreed before or subsequent to the creation of a Job Contract.

"Site" means the website at https://www.knackstor.com

"Job Contract" means the separate contract which is formed between a Customer and a Knackstor for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Job Contracts.

"Knackstor" means an individual professional who provides Services to the Customers.

"Knackstor Credits" means virtual card, coupon, voucher or code containing credit or a discount for use on the Knackstor Platform.

"Knackstor Funds" means the Agreed Price less the Service Fee.

"Knackstor Platform" means the Knackstor website at http://www.Knackstor.com/, whether accessed via a web browser or a smartphone app, and any other affiliated platform that may be introduced from time to time.

"Knackstor Service" means the service of providing and maintaining the Knackstor Platform.

"Knackstor Verifications" means a confirmation that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Knackstor.

"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes between Users.

"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Knackstor Platform from time to time.

"User" or "You" means the person who has signed up to use the Knackstor Platform, whether as the Customer, Knackstor, or otherwise.

"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Knackstor Platform to confirm details such as a User's qualification, license, certificate or other skill.

Rules of Interpretation:

In the Terms, including all Policies, except where the context otherwise requires:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(d) a reference to C$, $C, dollar or $ is to Canadian currency;

(e) a reference to time is to the time in the relevant province of Canada;

(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

(i) headings are for ease of reference only and do not affect interpretation;

(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and

(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.



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