Handld
www.handld.ca
Terms of Service
Independent Contractor Agreement
Privacy Policy
Last updated: April 2019

 

  1. ACCEPTANCE OF TERMS:

These Terms of Service constitute an agreement that is legally binding between you and Handld Inc. (“Company” or “Handld”) administering your use of the Handld Platform (as defined below), Company’s website (https://www.handld.ca). The Handld Inc. Platform and all related services provided by Company, and the website, including without limitation communications and information (whether in writing, orally, or other means) provided by Company to potential and current Handld’s and Clients (both as defined below) in relation to the services, are together hereinafter collectively referred to as the “Handld Platform.”

Personal data that you submit, or that we collect about you is governed by the Handld Privacy Policy (“Privacy Policy”). By using the Handld Platform you have acknowledged that you have reviewed the Privacy Policy.

Your use of the Handld Platform constitutes your acceptance of and agreement to all

the terms and conditions in these Terms of Service, Privacy Policy, Independent Contractor Agreement and any future amendments and additions to this Agreement (as defined below) as we may update from time to time.

 

BY ENTERING INTO THIS AGREEMENT, YOU CLEARLY AND EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT.

 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE HANDLD PLATFORM.

 

You must be at least 18 years of age, and capable and competent; in entering into binding contracts, in order to use and access the Handld Platform. If you are under the age of 18, you may not use or access the Handld Platform.

 

 

  • ACKNOWLEDGMENTS

 

User hereby acknowledges that:

 

  • Your agreement that Handlr’s are not employees of the Handld Platform. Handlr’s are their own independent contractors. (See Independent Contractor Agreement)

 

  • Your acknowledgement and agreement that Clients and not Handld, supervise and monitor a Handlr’s work.
  • Your acknowledgment that it is the responsibility of Client and Handlr to notify (via the Handld Platform) when a job is completed.
  • Your acknowledgement in becoming a Handlr that you are capable and competent to meet the needs in each job you accept.
  • Your acknowledgement as a Client that it is your responsibility to ensure a safe and adequate working area for Handlr.
  • Your acknowledgement of any disputes to be resolved on a case by case basis by Handld Inc.

 

 

 

 

  • DESCRIPTION OF SERVICES

 

Handld Inc is an online communications platform which provides an avenue for Clients to connect with Handlr’s. “Clients” are individuals and/or businesses looking to hire a Handlr to pick-up, deliver, and assemble their product(s). “Handlr’s” are individuals who possess the ability and the means to pick-up, deliver, and assemble a customer’s product(s). Hereinafter, unless otherwise specified, both Clients and Handlr’s will be referred to as Users.

Once the terms of a job are accepted with another User, both Users form a Service Agreement directly between the two.

HANDLR’S ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OF THE HANDLD PLATFORM. HANDLD DOES NOT PERFORM JOBS. USERS HEREBY ACKKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR A HANDLR’S WORK, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE JOBS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES. HANDLD WILL REVIEW DISPUTES ON A CASE BY CASE BASIS.

Handld takes every precaution in ensuring Handlr’s have the skills, ability, and competence in performing the duties entailed in the jobs Handlr’s agree to perform. If a Handlr fails to meet the agreed upon expectations and requirements, Handld reserves the right release any such payments and compensation. Disputes will be resolved by Handld on a case by case basis.

 

 

  • USER VETTING AND REPRESENTATIONS

 

In the sole discretion of Handld Inc, Users may be subjected to an extensive vetting process before they can use the Handld Platform. Vetting process may include, but not limited to police background checks, employment history, and related work experience. Although Handld Inc confirms the identity of each Handlr upon registration, Handld cannot confirm that each User who responds to a job is who they claim to be. Any person who agrees to and responds to a job in the guise of registered Handlr, will be prosecuted to the fullest extent of the law. It is the sole responsibility of the Client to confirm that the Handlr is who they say they are.

 

Any interaction with other Users requires the need to exercise caution and common sense, in order to protect personal safety, data, and property.

Handld will not be liable for any false or misleading statements made by Users on the Handld Platform.

 

  1. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

 

    1. USER EXPRESSLY AGREES THAT USE OF https://www.handld.ca IS AT USER’S SOLE RISK. NEITHER HANDLD , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT https://www.handld.ca WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF https://www.handld.ca, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH https://www.handld.ca  

 

    1. https://www.handld.ca IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

    1. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT HANDLD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

 

 

  • REPRESENTATIONS AND WARRANTIES

 

User represent and acknowledge that: (1) s/he is over the age of 18. (2) s/he legally eligible to work in Canada. (3) s/he is capable of entering into binding contracts. (4) User has the capability, ability, and the means to perform the agreed upon duties and requirements in each job user accept. Users will not be inebriated by any substance when fulfilling the requirements and duties of the agreed upon job. Where user enters into this Agreement on behalf of a company or other organization, user warrants that s/he has authority to act on behalf of that entity, and to bind that entity to this Agreement.

User further represents and warrants that user has read, understand, and agrees to be bound by these Terms of Service, and Privacy Policy in order to register, use, and access the Handld Platform.

User hereby warrant and represent that user will respect the privacy, property, and data protection rights of Users in respect to the information provided on job detail agreements. Users will not save information of other Users.

User warrants and represents that s/he will act professionally and responsibly in user interactions with other Users. User further represents and acknowledges that when using and accessing the Handld Platform, user will act in accordance to applicable Municipal, Provincial, and Federal laws, and always in good faith.

User hereby warrants and represents that, other than as fully and promptly disclosed to Handld Inc as set forth below, users does not have any motivation, status, or interest which Handld may reasonably wish to know about in connection with the Handld Platform, including without limitation, if user are using or will or intend to use the Handld Platform for any journalistic, investigative, or unlawful purpose. User hereby warrant and represent that user will promptly disclose to Handld in writing any such motivation, status, or interest, whether existing prior to registration or as arises during user use of the Handld Platform.

In addition, user represents and warrants that user will provide timely, high-quality services to Handld Clients. User will only accept jobs that user have the availability, capability, means, skills and expertise to complete jobs in a professional, high-quality manner. User also represents and warrants that s/he will provide the services safely and in accordance with all applicable laws, including but not limited to being in a sober state of mind upon arrival, and possessing legal eligibility to work in Canada.

 

  1. LINKS TO THIRD PARTY SITES

 

THE LINKS IN THIS AREA WILL LET YOU LEAVE HANDLD ‘S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF HANDLD AND HANDLD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HANDLD IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HANDLD IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HANDLD OF THE SITE.

 

 

  • INDEMNIFICATION

 

User agrees to defend, indemnify and hold harmless HANDLD, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of HANDLD by User or User’s Account.

 

 

  • TERMINATION

 

Either HANDLD or User may terminate this Agreement at any time. Without limiting the foregoing, HANDLD shall have the right to immediately terminate User’s Account in the event of any conduct by User which HANDLD, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

 

  1. TRADEMARKS

 

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

 

Any rights not expressly granted herein are reserved.

 

 

  • MISCELLANEOUS

 


This Agreement and any operating rules for https://www.handld.ca established by HANDLD constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the province of Ontario, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

INDEPENDENT CONTRACTOR AGREEMENT

 

BY USING THE HANDLD PLATFORM YOU HEREBY AGREE TO THE FOLLOWING TERMS

 

PREAMBLE

This Independent Contractor Agreement (“Agreement”) is made and entered into by the undersigned parties: HANDLD (known as the “Company”) and NAME (known as the “Contractor”).

In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows:

 

  1. Term

The term of this Agreement shall begin upon the use of the Handld Platform by User (Client/Handlr) and end upon the completion of the agreed to job and subsequent payout.

 

  1. Services

The Contractor will provide the following services:

  • Delivery and assembly of household furniture, wares and items requiring installation.
  • The Contractor shall take direction and report to the Company’s authorized representative.  Additional services or amendments to the services described above may be agreed upon between the parties.

 

  1. Compensation

Subject to providing the services as outlined above, the Contractor will be compensated in accordance with the agreed upon payment at the acceptance of each job.

 

  1. Relationship

The Contractor will provide the Contractor’s services to the Company/Client as an independent contractor and not as an employee.   

 

Accordingly:

  • The Contractor agrees that the Company shall have no liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums or Canada Pension Plan contributions on any amounts paid by the Company to the Contractor or amounts paid by the Contractor to its employees or contractors. The Contractor also agrees to indemnify the Company from any and all claims in respect to the Company’s failure to withhold and/or remit any taxes, employment insurance premiums or Canada Pension Plan contributions.

 

  • The Contractor agrees that as an independent contractor, the Contractor will not be qualified to participate in or to receive any employee benefits that the Company may extend to its employees.

 

  • The Contractor is free to provide services to other clients, so long as such other clients are not in competition with the Company and so long as there is no interference with the Contractor’s contractual obligations to the Company.

 

  • The Contractor has no authority to and will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of the Company.

 

  1. Confidentiality and Intellectual Property

The Contractor hereby acknowledges that it has read and agrees to be bound by the terms and conditions of the Company’s confidentiality and proprietary information agreement attached hereto as Schedule “A” and which forms an integral part of this Agreement. If the Contractor retains any employees or contractors of its own who will perform services hereunder, the Contractor shall ensure that such employees or contractors execute an agreement no less protective of the Company’s intellectual property and confidential information than the attached agreement.

 

The Contractor hereby represents and warrants to the Company that it is not party to any written or oral agreement with any third party that would restrict its ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform the Contractor’s obligations hereunder and that the Contractor will not, by providing services to the Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party.

 

The Contractor hereby agrees that, during the term of this Agreement and for one (1) year following the termination hereof, the Contractor will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of any Company employee or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer/client or supplier of the Company in a manner that conflicts with or interferes in the business of the Company as conducted with such customer or supplier.

 

  1. Termination

 

The Contractor agrees that the Company may terminate this Agreement at any time without notice or any further payment if the Contractor is in breach of any of the terms of this Agreement.

 

The Company may terminate this Agreement at any time at its sole discretion, upon providing to the Contractor ten (10) calendar days advance written notice of its intention to do so or payment of fees in lieu thereof.  

  

The Contractor may terminate this Agreement at any time at its sole discretion upon providing to the Company ten (10) calendar days’ notice of Contractor’s intention to do so. Upon receipt of such notice the Company may waive notice in which event this Agreement shall terminate immediately.

  1. Obligations Surviving Termination of this Agreement  

All obligations to preserve the Company’s Confidential Information, Intellectual Property and other warranties and representations set forth herein shall survive the termination of this Agreement.

 

  1. Entire Agreement

This Agreement, together with the Confidentiality and Proprietary Information Agreement, represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the party.

 

  1. Assignment

This Agreement shall inure to the benefit of and shall be binding upon each party’s successors and assigns. Neither party shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party.

 

  1. Governing Law and Principles of Construction.  

This Agreement shall be governed and construed in accordance with Ontario law. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.  

 

Schedule “A”

 

CONFIDENTIALITY AND PROPRIETARY INFORMATION AGREEMENT

 

In consideration of your engagement as an independent contractor or contractor with Handld (the “Company”), the undersigned (the “Contractor”) agrees and covenants as follows:

 

  1. Engagement with the Company as an independent contractor or contractor (“Engagement”) will give the Contractor access to proprietary and confidential information belonging to the Company, its customers, its suppliers and others (the proprietary and confidential information is collectively referred to in this Agreement as “Confidential Information”). Confidential Information includes but is not limited to customer lists, marketing plans, proposals, contracts, technical and/or financial information, databases, software and know-how. All Confidential Information remains the confidential and proprietary information of the Company.

 

  1. As referred to herein, the “Business of the Company” shall relate to the business of the Company as the same is determined by the Board of Directors and/or CEO of the Company from time to time.  

 

  1. The Contractor may in the course of the Contractor’s Engagement with the Company conceive, develop or contribute to material or information related to the Business of the Company, including, without limitation, software, technical documentation, ideas, inventions (whether or not patentable), hardware, know-how, marketing plans, designs, techniques, documentation and records, regardless of the form or media, if any, on which such is stored (referred to in this Agreement as “Proprietary Property”). The Company shall exclusively own, and the Contractor does hereby assign to the Company, all Proprietary Property which the Contractor conceives, develops or contributes to in the course of the Contractor’s Engagement with the Company and all intellectual and industrial property and other rights of any kind in or relating to the Proprietary Property, including but not limited to all copyright, patent, trade secret and trade-mark rights in or relating to the Proprietary Property. Material or information conceived, developed or contributed to by the Contractor outside work hours on the Company’s premises or through the use of the Company’s property and/or assets shall also be Proprietary Property and be governed by this Agreement if such material or information relates to the Business of the Company. The Contractor shall keep full and accurate records accessible at all times to the Company relating to all Proprietary Property and shall promptly disclose and deliver to the Company all Proprietary Property.  

 

  1. The Contractor shall, both during and after the Contractor’s Engagement with the Company, keep all Confidential Information and Proprietary Property confidential and shall not use any of it except for the purpose of carrying out authorized activities on behalf of the Company. The Contractor may, however, use or disclose Confidential Information which:

 

(i) is or becomes public other than through a breach of this Agreement;

(ii) is known to the Contractor prior to the date of this Agreement and with respect to which the Contractor does not have any obligation of confidentiality; or

(iii) is required to be disclosed by law, whether under an order of a court or government tribunal or other legal process, provided that Contractor informs the Company of such requirement in sufficient time to allow the Company to avoid such disclosure by the Contractor.

 

The Contractor shall return or destroy, as directed by the Company, Confidential Information, Proprietary Property and any other Company property to the Company upon request by the Company at any time. The Contractor shall certify, by way of affidavit or statutory declaration, that all such Confidential Information, Proprietary Property or Company property has been returned or destroyed, as applicable.

 

  1. The Contractor covenants and agrees not to make any unauthorized use whatsoever of or to bring onto the Company’s premises for the purpose of making any unauthorized use whatsoever of any trade secrets, confidential information or proprietary property of any third party, including without limitation any trade-marks or copyrighted materials, during the course of the Contractor’s Engagement with the Company.

 

  1. Regardless of any changes in position, fees or otherwise, including, without limitation, termination of the Contractor’s Engagement with the Company, unless otherwise stipulated pursuant to the terms hereof, the Contractor will continue to be subject to each of the terms and conditions of this Agreement and any other(s) executed pursuant to the preceding paragraph.  

 

  1. The Contractor agrees that the Contractor’s sole and exclusive remedy for any breach by the Company of this Agreement will be limited to monetary damages and in case of any breach by the Company of this Agreement or any other Agreement between the Contractor and the Company, the Contractor will not make any claim in respect of any rights to or interest in any Confidential Information or Proprietary Property.

 

  1. Non-solicitation. During the term of agreement, and for a period of two (2) years immediately thereafter, the Contractor shall not to solicit any employee or independent contractor of the Company on behalf of any other business enterprise, nor shall the Contractor induce any employee or independent contractor associated with the Company to terminate or breach an employment, contractual or other relationship with the Company.  

 

  1. Covenant Not to Compete.  During agreement, the Contractor agrees not to work for or provide any services to any competitor of the Company.  Neither shall the Contractor engage in any competitive activity with respect to the Company. Competitive activity includes, but is not limited to, forming or making plans to form a business entity to directly compete with any business of the Company.  This provision does not prevent the Contractor from seeking or obtaining employment or other forms of business relationships with a competitor after termination of agreement with the Company so long as such competitor was in existence prior to the termination of your relationship with the Company and the Contractor was in no way involved with the organization or formation of such competitor.

 

  1. This Agreement is governed by the laws of the Province of Ontario and the parties agree to the non-exclusive jurisdiction of the courts of the Province of Ontario in relation to this Agreement.

 

  1. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted and the other provisions shall remain in effect.

 

 

SCHEDULE B- Handld Workplace Harassment Policy

Handld is committed to providing a work environment in which all users are treated with respect and dignity. Client/Handlr (herein referred to as User or workplace) harassment will not be tolerated from any person in the workplace including customers, clients, independent contractors, and other employers.

User harassment means engaging in a course of vexatious comment or conduct against a worker on a job that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment. Workplace sexual harassment means:

  1. engaging in a course of vexatious comment or conduct against a worker on a job because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
  2. making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome;

Reasonable action taken by user relating to the management and direction of users or the workplace is not harassment.

Workers are encouraged to report any incidents of harassment to the appropriate manager.

Handld will investigate and deal with all complaints or incidents of User harassment in a fair, respectful and timely manner. Information provided about an incident or about a complaint will not be disclosed except as necessary to protect Users, to investigate the complaint or incident, to take corrective action or as otherwise required by law.

All users are expected to adhere to this policy and will be held responsible by Handld and governing laws for not following it. Users are not to be penalized or disciplined for reporting an incident or for participating in an investigation involving job harassment.

If a user needs further assistance, he or she may contact Handld.

 

SCHEDULE “C” – PRIVACY POLICY

 

Introduction

This Privacy Policy describes how Handld will gather, use, and maintain your personal information.

By using the Handld Platform, you confirm that you have read and understand this Privacy Policy, and our Terms of Service (together referred to herein as the “Agreement”). Handld will gather, use, and maintain information consistent with the Agreement.

 

Information Collected by Handld

Handld collects select identifiable information about you such as your name, address, telephone number, email address and bank account and other financial information, and other various types of information such as your work availability and the type of vehicle you have access to; which is pertinent to the functionality of connecting you with Clients and obtaining jobs. It is a requirement of the registration process that you complete this information for Handld to administer your account.

You may also voluntarily choose to send Handld personal information via phone or email message containing inquiries about Handld, and we will use this information to respond to your inquiry.

For Handlr’s, we may collect personal information, such as date of birth, social insurance number, and address to validate your identity or conduct background checks. Providing your social insurance number, helps us to verify your identity.

Financial Information

We collect financial information such as, name address, credit card number, banking numbers, tax information, in order to set up payment accounts for customers to provide payment, and Handlr’s to receive payment.

 

Personal Identity and Financial Information you provide to Handld are used for the following purposes:

 

  • To give you access to the Handld Platform. We use the information you provide to connect you with Clients, in order to receive/accept/reject jobs, completion of jobs, and payment to Handlr’s, and payment for jobs.
  • Invoicing and fraud prevention. Helps to ensure a safe and secure environment in which Clients/customers can connect with Handlr’s for the purpose of conducting business.
  • Conduct identification, authentication, and background checks on Handlr’s.
  • Analytics to help improve the user experience for both Handlr’s and Clients.
  • To provide customer support.
  • Market research.
  • To assist users with resolution of complaints and disputes.
  • To enforce Terms of Service.
  • As otherwise set forth in this Privacy Policy or as required or permitted by applicable law.