Woblu Terms and Conditions of Use

YOU MUST READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE WEB-BASED OR MOBILE WOBLU PLATFORMS (THE “APPLICATIONS”) PROVIDED BY WOBLU INC (“Woblu”; US; OUR; WE”).

 

1. Acceptance of Terms

1.1

You agree to access and use the Applications made available to you by Woblu solely in accordance with these terms and conditions of use agreement (the “Agreement”). By accessing and/or using the Applications, You affirm that You are entering into a legally binding agreement/contract, which consists of all terms and conditions of use of this Agreement, with Woblu, individually and on behalf of all other persons and entities for whom/which You act or purport to act (“You; Your”; “User”). Woblu and User will herein singularly be referred to as “Party” or collectively as “Parties” to this Agreement. 

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE APPLICATIONS.

1.2

The Woblu Applications provide an online marketplace platform that connects Users who are seeking to obtain short-term services (“Clients”) of a specialized User with a requisite skillset, such as a plumber, HVAC technician, carpenter, electrician, or handyman (each a “Worker”) to perform services for a specific task (“Project”).

1.3

This Agreement shall govern Your access and use of the Applications, any associated upgrades, patches, updates, as well as accounts and passwords. All terms relating to the use of the Applications included on the landing page, signup page or on any other page of the Applications are hereby incorporated into this Agreement, and in turn, all terms that are defined therein shall be ascribed, for the purpose of this Agreement, the respective meaning ascribed to them within the applicable pages, unless/except as otherwise defined herein below.

1.4

This Agreement is subject to change by Woblu in its sole discretion at any time. Please check the Woblu websites at www.woblu.net and www.woblu.uk (collectively the “Website”) regularly to view the most current version of this Agreement.

If you have any questions about this Agreement or the Applications, please contact Us at info@woblu.uk

 

2. Intellectual Property and Licenses

2.1 Definitions

2.1.1 “Intellectual Property”

Shall mean any and all intellectual property, including without limitation, works, inventions (whether patentable or not), discoveries, trade secrets, know-how, scientific formulae, data, information, reports, results, analysis, software, coding, models, research and development information, technical information, prototypes, specifications, patterns, drawings, algorithms, products, compositions, processes and protocols, methods, tests, devices, computer programs, trademarks, trade dress, goodwill, copyright  and includes any and all related rights, patents, patent rights, patent applications, trade-mark applications and registrations, and copyright registrations.

2.1.2 “Applications Content”

Shall mean all Intellectual Property and all content displayed on or otherwise relating to the Applications, including but not limited to the overall interface, images, graphics, inscriptions, audio, video, music, text, accompanying documentation, colors, the backend, meta-data, software code, source code, object code, logos, symbols, slogans, the selection and arrangement of content, and the structure and overall look and feel. The Applications Content does not include the User Content.

2.1.3 “User Content”

Shall mean all data, documents and other content that is uploaded or inputted to the Applications by a third-party user of the Applications, relating to specific Projects requested by Clients and services offered by skilled Workers, such as plumbers, carpenters, electricians, HVAC technicians, and handymen.


2.2 Rights in the Applications Content.

Woblu is the exclusive owner of the right title and interest in and to the Applications Content and is a licensee to the User Content. Other than as expressly permitted herein, Woblu does not grant you any express or implied permission to use the Applications, the Applications Content or the User Content. You shall not take any step, by act or omission, that would violate Woblu’s rights in the Applications Content, including its Intellectual Property rights. This includes, but is not limited to, any unauthorized copying, transmitting, modification, creation of derivative works based on, loaning, selling, assigning, or reverse engineering of the Applications or the Applications Content. You agree not to use any data mining, robots, or similar data and/or gathering and extraction methods in connection with the Applications. You shall not infringe or otherwise violate any Intellectual Property right associated with the Applications Content. 


2.3 Limited User License.

Subject to this Agreement, Woblu grants You a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the Applications, inclusive of the Applications Content and the User Content (the “User License”) for the strict purpose of posting and browsing Client Projects and Worker services and facilitating connections between Users (“Permitted Uses”). You shall not attempt any access or use to any part of the Applications beyond those clearly and unequivocally authorized and intended by Woblu. Your use and access to the Applications is subject to all applicable laws.


2.4 Rights in the User Content.

Subject to this Agreement and the Privacy Policy, You retain all rights in and to all User Content You upload or otherwise input to the Applications (“Uploaded User Content”).


2.5 Warranty and License to Uploaded User Content.

With respect to the Uploaded User Content, You represent and warrant that: (i) You have all necessary rights to input the Uploaded User Content to the Applications and to grant the license set forth herein; (ii) Woblu will not be required to seek any additional license, permissions or pay any royalty to any third party with respect to the Uploaded User Content; (iii) the Uploaded User Content does not infringe or violate any third party’s rights, inclusive of property, intellectual property or privacy rights; and (iv) the Uploaded User Content complies with this Agreement and all applicable laws.


2.6

By uploading or otherwise inputting the Uploaded User Content to the Applications, You grant Woblu a non-exclusive, worldwide, royalty-free license to the Uploaded User Content, including the right to replicate, transmit, distribute, make derivative works from the Uploaded User Content for the purpose of making the Uploaded User Content Available to other users of the Applications (the “Uploaded User Content License”). The Uploaded User Content License will continue unless and until You remove the Uploaded User Content from the Applications, in which case the Uploaded User Content License will terminate within a commercially reasonable period of time. Without limiting the foregoing, the Uploaded User Content License shall continue indefinitely with respect to legal and archival purposes.  Other than as specified herein, Woblu shall not acquire any ownership interest in the Uploaded User Content. 


2.7 Limitation of Liability for User Content:

You acknowledge and agree that Woblu is not responsible for any User Content that is uploaded or otherwise inputted to the Applications. Woblu does not monitor, endorse, or adopt the User Content and makes no guarantee as to its accuracy, completeness, or reliability. You agree to assume all risks associated with Your use of the User Content and understand that your reliance on any User Content is at your own risk. To the maximum extent permitted by law, each User hereby releases Woblu from, and shall hold harmless against any such parties for any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of a User’s identity, physical likeness, or User Content in connection with the Application.


2.8 Reserved Rights.

Woblu reserves the right to remove any User Content that it deems inappropriate or illegal.


2.9 Violation of Applications Content Intellectual Property.

We take the protection of Our Intellectual Property rights seriously and will not hesitate to commence legal action in the case of infringement of Woblu’s Intellectual Property. If You become aware of any suspected violation of the Intellectual Property associated with the Applications by any third party, please notify Us at info@woblu.uk.


3. Restrictions and Limitations

3.1 Restrictions on Use.

You shall not use the Applications for any purpose beyond the scope of Permitted Uses. Without limiting the generality of the foregoing, You shall not at any time, directly or indirectly:

  • copy, modify, or create derivative works of any component of the Applications or the Applications Content, in whole or in part; 
  • rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Applications or any associated content; 
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Applications, in whole or in part, including any activity that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Applications; 
  • remove any proprietary notices from the Applications; 
  • use the Applications in any manner or for any purpose that infringes, misappropriates, depreciates the goodwill of any Woblu trademarks, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; 
  • use the Applications for the purpose of developing a product or service that may be competitive with the Applications;
  • engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • to advertise or offer to sell any goods or services for any commercial purpose through the Application which are not relevant to the Projects;
  • to post or complete a Project requiring another user to purchase or obtain gift cards or money orders; 
  • use or attempt to use another account without authorization from that user or Woblu;
  • use the Applications in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Applications or that could damage, disable, overburden, or impair the functioning of the Applications in any manner;
  • to impersonate another person or user or allow any other person or entity to use Your user profile to post or view comments;
  • attempt to circumvent any technological protection measure or content-filtering technique employed in the Applications or attempt to access any feature or area of the Applications that You are not authorized to access;
  • develop or use any third-party applications that interact with the Applications without Our prior written consent, including any scripts designed to scrape or extract data from the Applications; or
  • perform or attempt to perform any actions that would interfere with the proper working of the Applications;
  • prevent access to or the use of the Applications by Woblu or its users; and
  • use the Applications for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement.

 

3.2 Protecting Account Access.

To facilitate the access and use of the Applications, We shall provide You with the necessary means to register for an account with which to access the Applications. You agree to keep all account information up to date. You shall not permit or otherwise enable any other person or entity to use your username or password to access/use any part of the Applications, unless expressly authorized by Woblu.  You must promptly notify Us of any known or suspected unauthorized use of or access to Your account.

 

3.3 Suspension of Use.

Notwithstanding anything to the contrary in this Agreement, We may temporarily or permanently suspend Your access to some or all of the Applications, without notice, for any reason. For greater certainty, and without limiting the foregoing, Your account will be immediately suspended if it is linked to any suspected: 

  • (a) threat or attack on any Intellectual Property related to the Applications;
  • (b) security risk; 
  • (c) fraudulent or illegal activities; 
  • (d) prohibition under applicable law; or
  • (e) breach of this Agreement.

 

3.4 Reserved Rights

3.4.1

We reserve all rights not expressly granted to You in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any Intellectual Property rights or other right, title, or interest to any of Woblu’s Intellectual Property. We reserve the right at any time to alter the price, features, specifications, capabilities, functions, terms, release dates, general availability, or other characteristics of the Applications. Updates, upgrades, patches, and modifications may be necessary to continue to use the Applications on certain hardware.

3.4.2

Woblu may replace or discontinue the Applications or any part thereof at any time, for any reason, with or without notice, at Woblu’s sole discretion.


4. Usage Data and Privacy

4.1 Usage data.

Notwithstanding anything to the contrary in this Agreement, We may monitor Your use of the Applications and collect and compile data related to such use (“Usage Data”). All rights, titles, and interests in Usage Data, and all intellectual property rights therein, belong to and are retained solely by Us. You acknowledge that We may compile Usage Data input into the Applications. You agree that We may: (i) make Usage Data publicly available in compliance with applicable law; and (ii) use Usage Data to the extent and in the manner permitted under applicable law, provided that such Usage Data do not identify Your personal information as defined in the Privacy Policy. All information We collect, including Usage Data, will be collected and used in accordance with Our Privacy Policy.


4.2 Privacy.

Your privacy is important to Us and Our privacy policy (available at [INSERT LINK TO POLICY]) (the “Privacy Policy”) forms an integral part of this Agreement. By accessing and using the Applications, You agree to accept the terms of the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Applications. You must review the Privacy Policy carefully prior to Your use and/or access of the Applications.


 4.3 Notice and Consent to Electronic Communications.

By accessing or using the Application, You consent to receive electronic communications from Woblu (e.g., responses to Your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on the Application). You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.


4.4 Consent to be Contacted by Phone Number.

By providing Your phone number and using the Applications, You hereby affirmatively and expressly consent to use of Your phone number for calls and text message notifications, as applicable, by Woblu or from other users in order to: (i) facilitate the carrying out of Projects through the Applications, and (ii) provide You with information and reminders regarding Your registration, orientation, upcoming Projects, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Projects and/or in follow up to any push notifications delivered through our mobile application. Woblu will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from Woblu by modifying Your account settings on the Websites or Applications or by emailing info@woblu.uk and specifying you want to opt-out of texts. You may opt-out of receiving calls in connection to the Applications by stating that you no longer wish to receive calls during any call with us, or by emailing info@woblu.uk and specifying you want to opt-out of calls. You understand that we may send You a text or email confirming such opt-out. Opting out of such correspondence may impact Your ability to use the Applications.


4.5 Feedback.

If You send or transmit any communications or materials to Us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Application, including without limitation, new features or functionality relating thereto, or any comments, reviews of other Users, questions, suggestions, or the like (“Feedback“), We may use any Feedback that You voluntarily provide in connection with Your use of the Applications as part of Our business operations irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to Woblu on Your behalf, all right, title, and interest in, and Woblu is free to use, without any attribution or compensation to any Party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Woblu is not required to use any Feedback.


4.6 Personal Information and Privacy.

We respect the privacy rights of any Personal Information provided by the User in accordance with applicable Canadian laws, including the Personal Information Protection and Electronic Documents Act. The specific policies and safeguards in place to protect Your Personal Information are detailed in the Privacy Policy. 


4.7 No Back up or Storage.

Woblu does not provide a backup service and You agree that You will not rely on the Applications for the purposes of backup or storage. Woblu will not be liable to You for any modification, suspension, or discontinuation of the Application, or the loss of any information stored within the Application.


 4.8 No transfer of ownership.

Except as expressly described herein, nothing in this Agreement transfers ownership in or grants any license to any Intellectual Property rights in the Applications. We retain ownership of the Applications Content, Usage Data, Feedback, and any subsequent copies thereof, regardless of form or media.


5. International Users

Although the Applications may be accessible worldwide, Woblu makes no representation that the materials and/or content made available in connection with the Applications are appropriate or available for use in locations outside of Canada and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Applications from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Applications is void where prohibited. Notwithstanding the foregoing, the Applications may be available on a localized basis to Users located in certain countries outside of Canada. 

BY ACCESSING OR USING THE APPLICATIONS YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATIONS. 

6. Woblu Application User Relationships and Guidelines 

6.1 Woblu Applications as a Marketplace.

The Woblu Applications function as an online marketplace used to connect Clients with Workers for specific Projects. Woblu is not an employment agency service or business and Woblu is not an employer of any user. Workers acknowledge and agree that they are solely responsible for exercising their own business judgment in agreeing to perform Projects for Clients and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss. Woblu will not be a party to or in any way be responsible for monitoring any transaction between You and other users, or You and third-party providers of products or services.


6.2 Relationship between Woblu and Workers.

6.2.1 Worker Status and Tax Responsibilities.

Woblu does not employ Workers and is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal or provincial withholdings in connection with User’s use of the Applications. User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

 

6.2.2 Workers as Independent Contractors.

Woblu does not participate in any Projects and does not employ people to perform Projects. Workers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the Project services performed for Clients through the Application. Woblu does not control or direct the Workers’ performance of their services or set their work locations or work hours. Workers provide services under their own name or business name, and not under Woblu’s name. Workers provide their own tools and supplies to perform their services, are free to maintain a clientele without any restrictions from Woblu and to offer and provide their services elsewhere, including through competing platforms. Woblu does not set Worker’ hours or terms of work. Workers are free to accept or reject Clients and contracts. Workers are not penalized for rejecting Clients or contracts, though if Workers accept a Client or contract through the Applications, they are expected to fulfill their contractual obligations. Workers set their own rates for services performed in the Woblu Applications, without deduction by Woblu.

 

6.2.3 Verification and Screening.

Woblu’s platform connects users for the completion of Projects. References to a Worker’s status, such as “licensed,” “vetted,” or similar terms, merely indicate the completion of certain account processes and are not endorsements of a Worker’s qualifications or suitability. Woblu is not responsible for other users’ performance, communications, or the quality or timing of Projects. Woblu makes no guarantees about the suitability or reliability of Projects or services requested or provided by users, or their interactions or communications, whether online or offline. You must promptly disclose any relevant criminal convictions in writing to Woblu that arise during Your use of the Applications.

 

6.3 Service Provider Credentials.

Workers are solely responsible for identifying and obtaining any requisite licenses, permits, certifications, or registrations before offering services and undertaking Projects. Certain Projects may be prohibited altogether and may include fines or other law enforcement. It is the responsibility of Workers to avoid such prohibited Projects and consult appropriate professional guidance.

Woblu does not supervise, scope, direct, control, or monitor a Worker’s work quality or performance of the Projects. Clients must use their own discretion when determining whether a Worker is qualified to perform a specific Project. Clients may wish to consult their provincial/territorial or local requirements to determine whether certain Projects are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss any specific hazards, obstacles, or impediments regarding the Project that may impact the performance of the Project with a prospective or selected Worker.


6.4 Project Service Agreement between Users

6.4.1 When you and another user agree on a Project’s terms via Woblu, you form a binding agreement (the “Project Service Agreement”) that includes the Woblu terms, the agreed-upon Project details, and any additional terms both parties accept, provided they do not conflict with this Agreement or alter Woblu’s role. Woblu is not part of the Project Service Agreement and does not have an employment relationship with either Clients or Workers. Woblu’s role is limited to connecting Clients and Workers and acting as a payment agent for Workers. As such, Woblu disclaims any other agency or authority to act on behalf of the Worker, and assumes no liability or responsibility for any acts or omissions of the Worker, either within or outside of the Applications.

6.4.2 Clients can choose whether to be present during a Project, and if not present, someone acting on their behalf will be considered the Client’s agent, with the authority to direct the Worker.

6.4.3 Clients must pay Workers in full through the Payment Provider in the Applications as per the rates in the Project Service Agreement. All Users must adhere to the terms of both the Project Service Agreement and this Agreement during the Project’s engagement, performance, and completion.


6.5  Payment

6.5.1 Payment Provider.

Payment for Projects performed through the Woblu Applications shall be facilitated through a third-party Payment Provider selected by Woblu. By using the Applications, you agree to comply with the terms and conditions of the Payment Provider, including any fees or charges associated with the payment processing. Woblu shall not be responsible for any issues or disputes arising from the use of the Payment Provider. Any payments made through the Payment Provider shall be considered as payment received by Woblu for the services provided by the Workers in connection with an indicated Project. Woblu reserves the right to change the Payment Provider at its sole discretion, provided that any such change shall not affect your payment obligations under this Agreement.

6.5.2 Invoicing and Payment.

Clients and Workers contract directly for Projects via the Application. Payments must be made through the Payment Provider, with Woblu facilitating but not a party to the Project Service Agreement or payments. Users of the Applications will be required to set up an account and provide their payment method details to the Payment Provider. Workers are required to invoice their clients through the application within 2 hours of completing the project. Clients will be responsible for paying the invoice(s) for each Project (the “Invoice(s)”), which will include: (i) the pricing terms of the Project provided by the Worker and agreed upon by the parties, and (ii) any out of pocket expenses agreed upon by the parties and submitted by the Worker for the Project. The total payment may include any Woblu service fees or cancellation charges, as applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s) and all such tips or gratuities shall go directly to the Worker. Clients may bear credit card fees over a certain threshold. Once an Invoice is received by the Client, the Payment Provider will automatically be authorized to process the Invoice(s).

6.5.3 Cancellation Charge:

In the event that You cancel a Project after a Project Service Agreement has been executed, You shall be responsible for paying a cancellation charge to Woblu. The cancellation charge shall be equal to 20% of the total Project fee. You agree to promptly pay the cancellation charge to Woblu within 7 days of the cancellation. Failure to pay the cancellation charge within the specified timeframe may result in Your account being suspended or terminated.

6.5.4 Taxes.

Users of the Applications will be responsible for any applicable taxes on the total cost of the Projects provided under the Project Service Agreement.

6.5.5 Reserved Rights.

Woblu reserves the right upon request from Client or Worker, or upon notice of any potential fraud, unauthorized charges, or other misuse of the Applications, to place on hold any payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the Payment Provider to do so.


6.6 User Representations and Warranties

All Users Represent and Warrant that:

  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions, including any documents incorporated by reference, of this Agreement;
  • Where You enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement;
  • You are at least 21 years of age;
  • You will act professionally and responsibly in Your interactions with other users;
  • You will use your real name or business name and an up-to-date photo on your profile;
  • When using or accessing the Applications, You will act in accordance with all applicable local, provincial, national, or international law or custom and in good faith;
  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of users and will not record (whether video or audio or otherwise) any Project or any interaction by or with any user and/or Woblu in connection with the Applications without the prior written consent of Woblu and/or the relevant user, as applicable; and
  • You will fulfill Your commitments to other users, communicate clearly and promptly to other users, and only utilize the third-party payment provider (the “Payment Provider”) to make and receive payment in connection with any Projects provided using the Applications.

 

Workers Additionally Represent and Warrant that:

  • You have the right to work in the province in which You are offering Your services;
  • You will only offer and provide services for which You have the requisite accreditation, license, competence, or other expertise, and will provide such services only in accordance with applicable laws and safety standards;
  • You have any and all insurance required to operate your business and provide your services;
  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Projects;
  • You will honor your commitments to other users of the Applications, including by responding to invitations promptly; performing the Project(s) as agreed upon with Your Client; and providing timely, high-quality services to your Clients; and
  • You have all required business licenses or registrations.


7. Disclaimers and Limitation of Liability

7.1 Disclaimers

7.1.1 Disclaimer of Warranties.

You acknowledge that the Applications are being provided AS IS and AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In addition, Woblu does not represent or warrant that the Applications are accurate, complete, reliable, current, or error-free, and have not been written to meet Your individual requirements. A failure of any part or the whole of the Applications to be suitable for a Your requirements will not give rise to any right or claim against Woblu.

7.1.2 Software Errors

You acknowledge that the Applications in general are not error-free and agree that the existence of such errors will not constitute a breach of this Agreement.

7.1.3 Software Viruses.

We do not warrant that the Applications will be free from all known viruses, and You are solely responsible for virus scanning any software provided as part of the Applications.

7.1.4 Acceptance of Risk.

You acknowledge and agree that You access and use the Applications at Your own discretion and risk, and that You will be solely responsible for any damage to Your hardware or any loss of data that results from such downloading, installing, or use of the Applications.

7.1.5 Compatibility.

To use the Applications, You are required to have compatible hardware and Internet access. The Applications are available for access and use on devices that meet the stipulated requirements at the time of access and use. We do not warrant that the Applications will be compatible with specific hardware, including a particular computer or mobile device, of any given user.

7.1.6 Accuracy of User Content.

As an online marketplace, the Applications provide access to User Content for user convenience and informational purposes only. While We aim to facilitate reliable resources, We do not create, control, represent, or endorse the accuracy, completeness, or reliability of the User Content. We expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning User Content. By using the Applications, You bear all risks associated with the use of and/or reliance on User Content and you will not rely on them as a substitute for Your independent judgment or professional advice.

7.1.7 No Substitute for User Discretion.

You are responsible for determining whether the Project is suitable and/or selecting an appropriate Client or Worker for a Project. Woblu does not warrant any goods or services purchased by a Client and does not recommend any particular Worker. Woblu does not provide any warranties or guarantees regarding any Worker’s ability, professional accreditation, registration, or license. When interacting with other users, You should exercise caution and common sense to protect Your personal safety, data, and property, just as you would when interacting with other persons whom You do not know. Woblu will not be liable for any false or misleading statements made by users of the Applications.

7.1.8 User Activities.

Woblu is not responsible for the performance or communications of users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Projects, Workers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any users, or of any ratings or reviews provided by users with respect to each other. Woblu makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Projects requested or services provided by, or the communications of or between, users identified through the Applications, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

7.1.9 Links to Third-party Websites.

You acknowledge and agree that the Applications may contain links or references to third-party websites. Woblu does not endorse or control these third-party websites and is not responsible for their content, privacy policies, or practices. You further acknowledge and agree that Woblu shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites. The inclusion of any link or reference to a third-party website does not imply endorsement by Woblu. You are solely responsible for reviewing and complying with the terms and conditions and privacy policies of any third-party websites accessed through the Applications.

 

7.2 Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE APPLICATIONS MEET YOUR REQUIREMENTS. YOU BEAR THE SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE APPLICATIONS TO MEET SUCH REQUIREMENTS.

IN NO EVENT WILL WOBLU BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE PROPRIETARY SOFTWARE UNDER THIS AGREEMENT, EVEN IF WOBLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

UNDER NO CIRCUMSTANCES SHALL WOBLU, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE APPLICATION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR THE NEGLIGENCE OF WOBLU OR ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, EVEN IF WOBLU IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS WOBLU’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Woblu or for any other matters in which liability cannot be excluded or limited under applicable law.

7.2.1 Limitation of Remedies and Damages.

If, notwithstanding this Agreement, Woblu is liable to You, then in no event will Woblu’s aggregate liability arising out of or related to this Agreement under any legal or equitable theory for any and all claims, including breach of contract, tort (including negligence), strict liability, and otherwise relating to this Agreement or the Application furnished or to be furnished by Woblu will,in any event, be absolutely limited to the total amount paid for the Application during the six (6) months prior to the time such claim arose. You hereby discharge Woblu from all liability in excess of this amount. 

7.2.2 Express and Implied Conditions.

Unless this Agreement expressly provides otherwise: to the maximum extent permitted by law, all express and implied conditions, warranties, or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality, or title to the Application are negated and excluded; and Woblu gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of the Applications.

WOBLU EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE APPLICATION WITH RESPECT TO THE QUALITY OR FITNESS OF ANY PROJECTS PERFORMED IN CONNECTION WITH THE APPLICATION.

 

7.3 Notice of Claims.

If You desire to make a claim against Woblu concerning this Agreement, or the Application, You must first notify Woblu in writing of Your potential claim, the grounds for Your claim, and the relief You seek. You must allow Woblu no less than sixty (60) days to attempt to resolve the issue prior to formally asserting a claim. If You fail to provide notice, Woblu will not be liable to You for the claim.


7.4  Indemnification.

You agree to defend, indemnify and hold Woblu, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, actual loss, costs, liabilities, and expenses (including reasonable attorneys’ fees) resulting from or arising out of Your conduct, Your use or inability to use or access the Application or any information provided by Woblu, Your breach or alleged breach of this Agreement, Your violation of the rights of Woblu, or Your violation of any rights of another.  


8. Termination

8.1 Time of Termination.

This Agreement remains effective until termination. We will immediately suspend or terminate this Agreement with or without notice at Our sole discretion if You exceed the scope of the Permitted Uses or otherwise fails to comply with the terms of this Agreement. 


8.2 User Termination.

You may terminate this Agreement at any time by ceasing use of the Application and deleting Your account. We reserve the right to maintain the effect of this Agreement until it has been verified that all User account identifications and passwords associated with the right of access and use to the Application have been deactivated or terminated.


8.3 Effect of Termination.

Upon termination of this Agreement, the rights and User License granted to You herein shall terminate and You must immediately cease to use and permanently delete or destroy any software and/or account information associated with the Application.


8.4 Survival.

Despite any other provision of this Agreement, sections 4 (Usage of Data and Privacy), 2 (Intellectual Property), 7 (Disclaimers and Limitation of Liability), and 8 (Termination) survive the expiration or termination of this Agreement.

 

9. Changes to this Agreement or Applications

9.1 Right to Make Changes.

We reserve the right, in Our sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice, or regulatory reasons. When changes are made, We will make a new copy of the Agreement available on the Website and within the Applications. We will also update the “Last Updated” date at the end of this Agreement. If we make any material changes, we will also send a push notification or show a pop-up to You via the Application. Any changes to the Agreement will be effective immediately. For material changes, We may require you to provide consent to the updated Agreement in a specified manner before further use of the Application is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Applications. Otherwise, Your continued use of the Application constitutes Your acceptance of such changes.  Such changes will be effective with and as applicable, without prior notice to You. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located on the Website.


9.2 User Responsibility.

You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with Section 8. Your continued use of the Application following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.


9.3 Effect of Updates to the Applications.

We may modify the Applications for any reason or without any specific reason, at any time and at Our entire discretion, including without limitation, for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Applications. You agree that the Applications may require the installation or incorporation of any such modifications automatically. You agree that We may stop supporting previous versions of software associated with the Applications upon the availability of an updated version. We also reserve the right to amend the scope of this Agreement to place limits on the use of the Applications.


10. Miscellaneous

10.1 Independent Contractors.

The Parties expressly agree that this Agreement does not create an agency, partnership, joint venture, or employer-employee relationship between them. The relationship between the parties under this Agreement is that of independent contractors. Neither Party has the authority to bind the other or to incur any obligation on its behalf. Each Party shall be fully responsible for its own employees, agents, and contractors, including the payment of wages, benefits, and expenses, and for complying with all applicable labor, employment, and tax laws.


10.2 Governing Law.

Any claims related to this Agreement shall be exclusively decided by courts of competent jurisdiction in Ontario, Canada. This Agreement will be governed by and constructed in accordance with the laws of the province of Ontario and the federal laws of Canada without regard to conflicts of laws principles. 


10.3 Severability.

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.


10.4 Entire agreement.

This Agreement represents the complete agreement between the Parties and supersedes all prior or contemporaneous communications, understandings, or agreements (whether written or oral).


10.5 Assignment.

You may not transfer or assign any rights or obligations You have under this Agreement without Woblu’s prior written consent. Woblu may transfer or assign this Agreement or any right or obligation under this Agreement at any time.


10.6 No Third-Party Beneficiaries.

Nothing contained in this Agreement shall be deemed to create, or be construed as creating, any third-party beneficiary right of action or other rights of third parties.


10.7 Headings.

Clause headings have been included in this Agreement for convenience only and must not be considered part of or be used in interpreting this Agreement.


10.8 No Waiver.

No failure or delay by Woblu in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. Woblu shall be deemed to have waived any provision under this Agreement unless such waiver is in writing and executed by a duly authorized officer of Woblu. No waiver by Woblu of any provision hereof on one occasion shall constitute a waiver of such provision on any other occasion.


10.9 Contact.

You may contact Us regarding any questions related to this Agreement by emailing at info@woblu.uk.


End of Terms and Conditions of Use, last updated January 27th, 2024

437 255 8501

301 1st Ave S.unit 102 Kenora, On P9N 1W2