Last updated on July 1, 2015

These terms and conditions (“Terms of Use“) apply to your visit to and your use of the Website, the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING THE APPLICATION AND/OR USING THE SERVICE OR THE WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Melonlife

Your contracting partner is Melonlife Commerce Inc. having an address at Suite #104, 26641 Fraser Highway, Aldergrove, British Columbia, V4W 3L1, which shall be referred to in these Terms of Use as “Melonlife“, “we“, “us” or “our“.

What services does Melonlife provide?

Melonlife offers information and a means to obtain contractor/professional services offered by third party service providers (the “Contract Service Provider“), which may be requested through our website(s) (including www.useyourmelon.ca) (collectively, the “Website“) or through the use of an application supplied by Melonlife and downloaded and installed by you on your single mobile device (e.g. smart phone or tablet) (the “Application“). All services provided by Melonlife to you by means of your use of the Application or the Website are hereafter referred to as the “Service“.

How is a contract concluded between Melonlife and you?

These Terms of Use constitute a binding legal agreement between you and Melonlife. By using the Application, the Website or the Service, you enter into a contract with Melonlife and agree to be legally bound by the terms and conditions of these Terms of Use, regardless of whether or not you become a registered user of the Service.  Please also read carefully our Privacy and Cookie Notice located at www.useyourmelon.ca/legal/privacy. Failure to use the Website, Application and Service in accordance with these Terms may subject you to penalties.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, APPLICATION OR SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE AND/OR APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT MELONLIFE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CONTRACT SERVICE PROVIDERS AND USERS OF THE SERVICE, THE WEBSITE OR THE APPLICATION, NOR IS MELONLIFE AN AGENT OR INSURER.  MELONLIFE HAS NO CONTROL OVER THE CONDUCT OF CONTRACT SERVICE PROVIDERS OR OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

In order to be able to use certain features of the Application, Website or Service, you first need to register an account with Melonlife. When registering an account, you are obligated to provide Melonlife with your personal information, mobile telephone number and credit card, debit card, PayPal or other payment data, and such other information as we may request. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Upon successful completion of your registration with Melonlife, Melonlife will provide you with a personal account, accessible for you with a password of your choice. You may register only one account.

You have to be 19 years of age or older to use the Service, the Website or the Application. If you reside in a jurisdiction that restricts the use of the Service, Website or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service, the Website or the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service, the Website and the Application.

Modification

Melonlife reserves the right, at its sole discretion, to modify the Website, Application or Service or to modify these Terms of Use at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Website or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Use. By continuing to access or use the Website, Application or Service after we have posted a modification on the Website or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Website, Application and Service.

How to use the Service and the Application

The Service allows you to send a request for services (“Contract Services”) to a Contract Service Provider.  If the Service is received via the Application, the GPS receiver – which should be installed on the mobile device (smart phone) on which you have downloaded the Application – detects your location and sends your location information and your project’s details to the relevant Contract Service Provider. The Contract Service Provider has sole and complete discretion to accept or reject each request for Contract Services. The Contract Service Provider also has sole and complete discretion over whether to use the Application or Website to receive the leads generated through the Application or Website, as applicable.  If the Contract Service Provider accepts a request, the Contract Service Provider will issue you an estimate for service or request an appointment to provide you an estimate.   It is in your sole discretion whether you choose to award the Contract Service Provider the job or not based on the Contract Service Provider’s estimate and any other information they may provide to you.   If you choose to award the Contract Service Provider a job, the Service will notify the Contract Service Provider and the Service will provide you information regarding the Contract Service Provider – including their name, phone number, and customer service rating – and the ability to contact the Contract Service Provider by telephone or in Application messaging.  You should be aware that awarding a Contract Service Provider a job, or other communications you make with a Contract Service Provider, may result in a legally-binding contract being formed between you and the Contract Service Provider.  You may therefore be legally required to pay the Contract Service Provider the agreed amount and perform any other obligations you have agreed to with the Contract Service Provider.  You should therefore take care when awarding a job to a Contract Service Provider or otherwise communicating with a Contract Service Provider.

Relationship with Contract Service Providers and other third parties

For the avoidance of doubt, Melonlife itself does not provide Contract Services, and Melonlife is not a Contract Service Provider. It is up to the Contract Service Provider to offer Contract Services, which may be requested through the use of the Service.  Melonlife only acts as a facilitator between you and the Contract Service Provider, and not as an agent. The provision of the Contract Services by the Contract Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Contract Service Provider.  Melonlife shall never be a party to that agreement.   Despite this, Melonlife serves as the limited authorized payment collection agent of the Contract Service Provider for the purpose of accepting, on behalf of the Contract Service Provider, payments from you and other users.

Melonlife does not endorse, guarantee or make any representations about any Contract Service Provider or any Contract Services, and the Contract Service Provider is solely responsible for honouring any agreements in respect of Contract Services.   We therefore recommend that you always exercise due diligence and care when deciding whether to contract with or have any interactions with a Contract Service Provider, and take appropriate precautions to protect against the actions or omissions of Contract Service Providers. We are not responsible for any damage or harm resulting from your interactions with Contract Service Providers, or for the actions, omissions or behavior of Contract Service Providers.

By using the Website, Application or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Contract Service Providers, other users or other third parties will be limited to a claim against the particular Contract Service Provider, user or third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Melonlife with respect to such actions or omissions.

Your use of the Service

You warrant that any and all information you provide to Melonlife in connection with your use of the Service or registration for the Service is accurate and complete. Melonlife is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application or Website without providing reasons.

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your mobile device. Melonlife is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Melonlife reserves the right to terminate the Service and the use of the Application and Website for any reason without notice, including without limitation if you are using the Service, Website or Application with an incompatible or unauthorized device.

By using the Application, the Website or the Service, you further agree that:

  1. You will only download the Application and use the Application, the Website and the Service for your sole, personal use and will not resell it to a third party;
  2. You will not authorize others to use your account;
  3. You will not assign or otherwise transfer your account to any other person or legal entity;
  4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  5. You will not use the Service, the Website or the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  6. You will not use the Service, the Website or the Application to cause nuisance, annoyance or inconvenience;
  7. You will not impair the proper operation of the Service or Melonlife’s network;
  8. You will not try to harm, disrupt or impair the Service, the Website or the Application in any way whatsoever;
  9. You will not copy, or distribute the Application or other Melonlife Content without prior written permission from Melonlife;
  10. You will keep secure and confidential your account password and any identification we provide you which allows access to the Service, the Website or the Application;
  11. You will provide us with whatever proof of identity we may reasonably request;
  12. You will only use an access point or 3G data account (AP) which you are authorized to use;
  13. You are aware that when requesting Contract Services by SMS (if available in your area), standard messaging charges will apply;
  14. You will not use the Service, the Website or the Application with an incompatible or unauthorized device; and
  15. You will comply with all applicable laws, regulations and rules that may apply to your use of the Application, the Website or the Service.

Melonlife reserves the right to immediately terminate the Service and your use of the Application and the Website for any reason without notice, including, without limitation, should you not comply with any of the above rules.

You also acknowledge that in connection with your use of the Service, we may provide details about you to Contract Service Providers and other Users of the Service, including your name, address, phone number and email address.

Reviews.

Contract Service Providers who have offered or performed Contract Services for you may be asked by Melonlife to comment and to provide a rating (collectively, “Review”) for you. You agree that Melonlife has the right to post these Reviews on the Website and the Application, and on any other platforms that are owned, managed, controlled or used by Melonlife.  Melonlife may also request that you provide a Review of a Contract Service Provider.  Any Reviews you provide are considered to be User Content (defined below), and are subject to all of the provisions relating to User Content in these Terms of Use.

You agree that Melonlife has the right to post some, all or no Reviews, and to edit, sort and present Reviews in its sole discretion.  Melonlife shall not have and disclaims any liability and responsibility for the content and consequences of posting, not posting or editing any Reviews, and you release any and all claims that you may have against Melonlife relating to Reviews (including without limitation any claims for libel or defamation).

Melonlife also reserves the right to suspend or terminate your use of the Service, Website or Application based on Reviews of you provided by Contract Service Providers.

Payment

The use of the Application, the Website and the Service is currently free of charge. Melonlife reserves the right to introduce a fee for the use of the Application, the Website and/or the Service. If Melonlife decides to introduce such a fee, Melonlife shall inform you accordingly before any fee is charged.

The rates that apply for the Contract Services by the Contract Service Provider can be found on the Website and through the Application. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the Contract Services.

The Service will allow Contract Service Providers to issue invoices to you for the Contract Services.  The Service will notify you through the Website, Application or by email if an invoice has been issued to you.  You will then be invited to review and approve the invoice.  Once you approve the invoice, we, or the Payment Processor (defined below) will charge the amount of the invoice to the credit card, debit card, PayPal account or other payment account (“Your Account”) you provided when registering for the Service.  You agree that you will promptly approve all invoices validly issued by Contract Service Providers, and will ensure that Your Account contains sufficient funds to pay the invoice in full.   You are responsible for the timely payment of all validly-issued invoices and for updating the details of Your Account in our records if they change, which you will be able to do through the Website and/or the Application. Any payment made is non-refundable.  Please note that Melonlife cannot control any fees that may be charged by the provider of Your Account related to Melonlife’s collection of any payments, and Melonlife disclaims all liability in this regard.  Please note that we or the Payment Processor (defined below), may impose or deduct foreign currency processing costs on or from any payments in currencies other than Canadian dollars.

You authorize us to use a third-party payment processor (the “Payment Processor“) to link Your Account to the Service and to process payments or credits in connection with the Application, the Website and Service. The processing of payments or credits, as applicable, in connection with your use of the Application, the Website and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and the provider of Your Account in addition to these Terms of Use. Melonlife is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Melonlife will obtain certain transaction details, which Melonlife will use solely in accordance with its Privacy and Cookie Notice.

License Grant, Restrictions and Copyright Policy

For the purpose of these Terms of Use, the following definitions apply:

Content” means all content of every kind and nature, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, videos, sound, illustrations, music, software (excluding the Application), opinions, remarks, reviews, ratings, comments, artwork, links, questions, suggestions, information and other materials.
Melonlife Content” means Content owned or used by Melonlife, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
User” means you, and any other person who accesses or uses the Service, Website or Application, including a Contract Service Provider.
User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
Collective Content” means, collectively, Melonlife Content and User Content.

Subject to your compliance with these Terms of Use, Melonlife grants you a limited, revocable, non-exclusive, non-transferable license:

    1. to view, download and print any Melonlife Content, solely for your personal, non-commercial purposes; and
    2. to view any User Content to which you are permitted access, solely for your personal, non-commercial purposes.

You have no right to sublicense the license rights granted in this section.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these Terms of Use. You may not reuse any Collective Content without first obtaining the written consent of Melonlife. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Melonlife or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit (collectively, “Provide”) User Content on or to the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Melonlife shall have, and you hereby grant to Melonlife, the non-exclusive, perpetual, irrevocable, royalty-free, right to use, copy, adapt, modify, create derivative works from, distribute, disclose, sub-license, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit any User Content you Provide for any purpose, in any medium and throughout the world.

You acknowledge that Melonlife only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Melonlife shall not be continuously monitoring User Content you or other Users Provide or moderating between Users, nor shall Melonlife be under an obligation to do so. Without limiting the above, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Melonlife.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content you Provide is original to you and (a) does not copy the work of any third party, (b) does not otherwise infringe, misappropriate or violate any intellectual property rights, rights of privacy or personality rights, (c) does not contain any obscene, threatening, defamatory, disparaging, offensive, crude or objectionable Content, and (d) complies with all applicable laws. Furthermore, you represent and warrant that you have the capacity to grant the above license in respect of the User Content.

You agree to defend, indemnify and hold the Melonlife Indemnified Parties (defined below) harmless against all Damages (defined below) incurred or suffered by them related to any User Content you Provide.

Melonlife reserves the right at its sole discretion and without notice to block or remove (in whole or in part) any User Content you Provide, including without limitation any User Content which Melonlife believes is not in accordance with these Terms of Use (including materials which Melonlife believes infringe, misappropriate or otherwise violate any intellectual property rights, rights of privacy or personality rights).

You may notify Melonlife in writing of any User Content which breaches these Terms of Use, in which case you will provide to Melonlife sufficient information to enable Melonlife to investigate whether the User Content breaches these Terms of Use. Melonlife will perform such investigation and take such action as Melonlife in its sole discretion decides. However, Melonlife does not warrant or represent that it will block or remove (in whole or in part) any User Content.

Application License

Subject to your compliance with these Terms of Use, Melonlife grants you a limited non-exclusive, non-transferable, revocable license to (a) download and install a copy of the Application on a single mobile device that you own or control, (b) run that copy of the Application, (c) access and use the Website, and (d) receive the Service, in each case solely for your own personal, non-commercial use.

You shall not

    1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Website or Application in any way;
    2. modify or make derivative works based upon the Service, the Website or Application;
    3. create Internet “links” to the Service or Website, or “frame” or “mirror” the Website or Application on any other server or wireless or Internet-based device;
    4. reverse engineer or access the Application, Service or Website in order to
      1. design or build a competitive product or service,
      2. design or build a product or service using similar ideas, features, functions or graphics as the Service, Website or Application, or
      3. copy any ideas, features, functions or Content of the Service, Website or Application, or
    5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service, the Website or the Application.

You shall not:

    1. use the Service, the Website or the Application to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
    2. use the Service, the Website or the Application to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
    3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
    4. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained in them; or
    5. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.

Melonlife will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Melonlife may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Melonlife has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Melonlife reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content for any reason, including without limitation if Melonlife, at its sole discretion, considers any Collective Content to be in violation of these Terms of Use or otherwise harmful to the Website, the Service or Application.

Copyright Policy

Melonlife respects copyright law and expects its users to do the same. It is Melonlife’s policy to, and Melonlife reserves the right to, terminate in appropriate circumstances Users or other account holders who infringe or are believed to be infringing the rights of copyright holders. Please see Melonlife’s Copyright Policy at https://www.melonlife.com/legal/copyright, for further information.

Intellectual Property Ownership

Melonlife alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service.  You will retain ownership of any User Content you Provide (subject to the license granted to Melonlife in these Terms of Use); provided that and any suggestions, ideas, enhancement requests, feedback and recommendations you provide relating to the Website, Application or the Service, including any and all intellectual property rights in them, will be owned by Melonlife, and you assign and agree to assign all of your right, title and interest in them to Melonlife.

These Terms of Use do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Melonlife. Melonlife’s name, logo, and the product names associated with the Application, Website and Service are trademarks of Melonlife, its affiliated companies or third parties, and no right or license is granted to use them.

App Store Sourced Application

With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“), you will use the App Store Sourced Application only (a) on an Apple branded product that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.  Furthermore:

    1. You acknowledge that these Terms of Use are concluded between you and Melonlife, and not with Apple, and Apple is not responsible for the App Store Sourced Application and the content thereof.
    2. The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the App Store Sourced Application on any Apple mobile device that you own or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, and Melonlife shall be solely responsible for any maintenance and support services, to the extent they are required by applicable law.
    4. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application (if any).  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (whether express or implied by law, to the extent not effectively disclaimed) will, as between Apple and Melonlife, be Melonlife’s sole responsibility.
    5. You and Melonlife acknowledge that, as between Melonlife and Apple, Melonlife, not Apple, is responsible for addressing any claims you or any third party may bring relating to the App Store Sourced Application or your possession and/or use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    6. You and Melonlife acknowledge that, in the event of any third party claim that the App Store Sourced Application or the end-user’s possession and use of the App Store Sourced Application infringes that third party’s intellectual property rights, as between Apple and Melonlife, Melonlife, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
    7. You and Melonlife acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a U.S.or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

Third Party Interactions

During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time for various purposes. These links take you off the Website, the Application and the Service and are beyond Melonlife’s control.  The websites you can link to may have their own separate terms and conditions as well as a privacy policy. Melonlife is not responsible and cannot be held liable for the availability, content, accuracy or activities of these websites, and links to such websites do not imply any endorsement by Melonlife of such websites or their content or services. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Some portions of the Website, the Application and the Service may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at: http://www.google.com/intl/en_us/help/terms_maps.html

Disclaimers

IF YOU CHOOSE TO USE THE WEBSITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT YOU DO SO AT YOUR SOLE RISK. THE WEBSITE, APPLICATION, SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MELONLIFE EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MELONLIFE MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT THE WEBSITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MELONLIFE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE QUALITY OF THE SERVICE OR THE CONTRACT SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED OR MADE AVAILABLE THROUGH THE WEBSITE, APPLICATION OR SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MELONLIFE OR THROUGH THE WEBSITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION NOT EXPRESSLY MADE IN THESE TERMS OF USE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH CONTRACT SERVICE PROVIDERS AND OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SERVICE. YOU UNDERSTAND THAT MELONLIFE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF CONTRACT SERVICE PROVIDERS OR USERS OF THE WEBSITE, APPLICATION OR SERVICES.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH CONTRACT SERVICE PROVIDERS AND OTHER USERS OF THE WEBSITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. MELONLIFE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CONTRACT SERVICE PROVIDER, USER OR OTHER THIRD PARTY.

Disclosure of Information

In case of a complaint, dispute or conflict between you and a Contract Service Provider or in other appropriate instances where a legitimate reason for disclosure exists (for example, receipt by Melonlife of a subpoena or warrant requesting information), Melonlife may, but shall not be required to – to the extent permitted by applicable laws and regulations – provide the Contract Service Provider and/or the relevant authorities with your relevant data (including personal data), without any obligation to notify you.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR INTERACTIONS WITH CONTRACT SERVICE PROVIDERS AND THE PERFORMANCE (OR NON-PERFORMANCE) OF THE CONTRACT SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER THIRD PARTIES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.  NEITHER MELONLIFE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, PROPERTY DAMAGE, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE, (B) THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT, (C) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH CONTRACT SERVICE PROVIDERS OR OTHER USERS OF THE WEBSITE, APPLICATION, OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, OR (D) FROM THE CONTRACT SERVICES OR THE CONTRACT SERVICE PROVIDERS’ PERFORMANCE (OR FAILURE TO PERFORM) THE CONTRACT SERVICES, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MELONLIFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL MELONLIFE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND YOUR USE OF THE WEBSITE, APPLICATION AND SERVICE INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, SERVICE, OR COLLECTIVE CONTENT AND IN CONNECTION WITH THE CONTRACT SERVICES AND ANY INTERACTIONS WITH ANY CONTRACT SERVICE PROVIDERS OR OTHER THIRD PARTIES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR CONTRACT SERVICES VIA THE WEBSITE, APPLICATION AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED CANADIAN DOLLARS (CAD$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MELONLIFE AND YOU.

THE QUALITY OF THE CONTRACT SERVICES REQUESTED THROUGH THE USE OF THE APPLICATION, THE WEBSITE OR THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE CONTRACT SERVICE PROVIDER WHO ULTIMATELY PROVIDES THE CONTRACT SERVICES TO YOU. MELONLIFE UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM THE CONTRACT SERVICES PROVIDED (OR NOT PROVIDED) BY THE CONTRACT SERVICE PROVIDER OR ANY ACTS, ACTIONS, BEHAVIOUR, CONDUCT, OMISSIONS AND/OR NEGLIGENCE ON THE PART OF THE CONTRACT SERVICE PROVIDER. ANY COMPLAINTS ABOUT THE CONTRACT SERVICES PROVIDED (OR NOT PROVIDED) BY THE CONTRACT SERVICE PROVIDER SHOULD THEREFORE BE SUBMITTED TO THE CONTRACT SERVICE PROVIDER AND NOT TO MELONLIFE.

Indemnification

By accepting these Terms of Use and using the Application, the Website or Service, you agree to release, defend, indemnify and hold Melonlife, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents (the “Melonlife Indemnified Parties”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) (“Damages”) arising out of or in connection with:

    1. your violation or breach of any term of these Terms of Use or any applicable law or regulation, whether or not referenced herein;
    2. your violation of any rights of any third party, including without limitation Contract Service Providers arranged via the Service;
    3. your User Content;
    4. your access to or use or misuse of the Application, the Website or the Service; or
    5. your failure to make full payment of fees for Contract Services when due.

Invalidity of one or more provisions

The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use.  If and to the extent that any provision of these Terms of Use is invalid, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these Terms of Use.

Modification of the Service, cancellations of accounts

Melonlife reserves the right, at its sole discretion, at any time and without prior notice, to (a) modify, change, suspend, or discontinue the Website, Application or Service (including without limitation, the availability of any feature, database, or content) and (b) to limit, suspend, deactivate or cancel your account or your access to the Website, Application or Service. Melonlife may also impose limits on certain features and services or restrict your access to parts or all of the Website, Application or Service without notice or liability.

Notice

Melonlife may give notice to you by means of a general notice on the Service, Website or Application, or by electronic mail to your email address on record in Melonlife’s account information, or by written communication sent by regular mail to your address on record in Melonlife’s account information.

You should direct any questions, complaints or claims relating to the Application, the Website or the Service to:

Melonlife Commerce Inc.

Suite #104

26641 Fraser Highway

Aldergrove, BC  V4W 3L1

 

Email: feedback@useyourmelon.ca

Assignment

You may not assign or transfer any of your rights under these Terms of Use, by operation of law or otherwise, without prior written approval of Melonlife, which may be granted or withheld in its sole discretion. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect.  Melonlife may assign or transfer these Terms, in its sole discretion, without restriction.  Subject to the above, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Waiver, non-exclusive remedies

The failure of Melonlife to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Melonlife.  Except as expressly set forth in these Terms of Use, the exercise of either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Privacy and Cookie Notice

Melonlife collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice located at www.useyourmelon.ca/legal/privacy.

Applicable law and Dispute Resolution

These Terms of Use are subject to the laws of the province of British Columbia, Canada, without giving effect to conflicts of laws principles. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes“) will be settled exclusively by the competent court in Vancouver, British Columbia, Canada, and you irrevocably waive any right to seek redress in any other forum.

Final provision

The English text of these Terms of Use constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

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