Terms of Use / User Agreement

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These Terms of Use, and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 15

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This Agreement constitutes a legal agreement between you ("you" or "User") and Expert Genesis ("Expert Genesis" or ''EG" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.expertgenesis.ca, as it may be modified, relocated and/or redirected from time to time (the "Site").

By accessing, using or registering with the EG website, or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the EG website. EG's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the EG website, you represent and warrant that:

(I) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and

(ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. 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.

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:

• Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit an informal dispute resolution process for at least 30 days prior to the initiation of any claim.

• Your agreement that no claims can be adjudicated on a class basis.

• Your agreement that the EG website is provided "as is" and without warranty.

• Your agreement that the Expert Genesis Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties, with the exception of Expert Genesis Guarantee (Section 3(d)).

• Your agreement that EG Guarantee is limited to Payments paid by Requester through the EG website (Section 3(d)).

• Your acknowledgment of an agreement to pay EG's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the EG website (Section 3(e)).

• Your acknowledgment of an agreement to EG's cancellation policies and cancellation fees (Section 4).

• Your acknowledgment of an agreement to EG's cancellation policies and cancellation fees for a Cleaning/Babysitting/Beauty service Plan with a Minimum Commitment (Section 4(d))

• Your agreement to release EG website from liability based on claims relating to Professional Services and otherwise and your agreement to the limitation of time within which a claim can be brought.

• Your agreement to indemnify EG from claims due to your use, misuse or inability to use the EG website, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third-party rights, and/or content or information submitted from your account to the EG website.

• Your consent to any modifications or amendments to this Agreement.

• Your consent to the collection, use, sharing, and transfer of your data as outlined in the Privacy Policy as updated from time to time.

1. The EG website is Solely a Venue for Communications; Background Checks.

a. The EG website is Solely a Venue for Communications. The EG website is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include Housekeeping /Babysitting/Beauty services, but shall not be deemed to provide the service itself. EG itself does not provide Professional Services. However, the provision of all Professional Services is up to the Professionals, which may be scheduled through use of our website. Expert Genesis, THROUGH THE website, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. EG IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY MERCHANDISE PROVIDER OR RETAILER.

b. Background Checks. EG checks the backgrounds of Professionals via third party background check services to the extent permitted by applicable law. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE EG website, THE REQUESTER AGREES TO HOLD EG FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. EG IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

2. Personal Information; User Accounts.

a. Collection of your Personal Information. Some of the materials available on the Expert Genesis Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information collected, used, and disclosed hereunder will be subject to the terms of the Privacy Policy.

b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the EG website. You are solely and fully responsible for all activities that occur under your password or account, except that EG may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. EG has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at info@expertgenesis.ca. Nothing in this section shall affect EG's rights to limit or terminate the use of the EG website, as provided below in section 4(b).

c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.

d. Text Messages and Phone Calls. By providing your phone number and using the EG website, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the EG website. You agree to EG’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional or Service Requestor on the EG website using a telephone number provided by EG. EG also masks the telephone number of the Service Requestor or Service Professional with whom you are communicating. During this process, EG and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to EG’s use and disclosure of this call data for its legitimate business purposes.

e. Emails. EG may send you confirmation and other transactional emails regarding the Professional Services. EG may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

3. Payments; EG Guarantee; Claims.

a. Payments. Users of the EG website contract for Professional Services directly with us. However, EG is not a party to any contracts for Professional Services. The EG website facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the EG website or by quote. We will charge the Requester's credit card according to the amount the Requester has agreed to. with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(e) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's EG website account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving EG (or a third-party payment processor on EG's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe EG. Depending on the transaction you selected or services requested, EG may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with EG at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying EG. Requesters must notify EG either by changing the date or hours of the requested Professional Service through the EG website. All Payments by Requesters must be made through the EG website. Any Payments paid outside of the EG website are not subject to our EG Guarantee in Section 3(d). Except for the EG Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on EG's income).

b. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.

c. Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, EG will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to the Requester at the time of the signing up for Recurring Service, for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. EG cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by emailing EG at info@expertgenesis.ca or by mailing a notice of cancellation to expert genesis, 153 jones Ave M4M3A2. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees for the next Professional Service. After signing up for a Recurrent Service, you will be provided an e-mail acknowledgment which includes information on how to cancel.

d. The EG Guarantee.

I. The EG Guarantee is available to Requesters and is the sole liability of EG to Requesters for the performance of Professional Services. If you are not satisfied with the quality of the initial Professional Service requested and paid for through the EG website, then EG will send another Professional to re-perform the Professional Service ordered at no additional charge to the Requester.

ii. The EG Guarantee also provides certain limited additional protections. Pursuant to the EG Guarantee and subject to the below conditions and limitations, EG will compensate Requesters: (a) up to USD $20,000 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service; or (b) Requesters up to USD $5,000 for losses arising from theft of a Requester’s property by a Professional during performance of a Professional Service.  The Service Requester is eligible for the EG Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by writing us at info@expertgenesis.ca.   For Recurring Services, each Professional Service is treated as a separate occurrence.

iii. EG Guarantee - Conditions & Exclusions; Your Primary Insurance. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the EG Guarantee is secondary. The EG Guarantee will only compensate for losses to the extent not otherwise covered by Your Personal Insurance.

iv. Coverage Under the EG Guarantee. A Requester will be covered under the EG Guarantee for every Professional Service, subject to the exclusions below, provided:

• The Professional Service is agreed to between a Requester and a Service Professional through the EG website, performed by the Service Professional hired by the Requester and paid for in full through the EG website;

• Your Booking does not violate EG website of Use;

• You have reported the claim within 72 hours of the Professional Service; and

• Your EG account is in good standing with no outstanding balances owed to EG or Professionals.

v. What is excluded from the EG Guarantee? The “EG Guarantee” does not cover the following:

• losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes;

• losses arising out of interruption of business, loss of market, loss of income and/or loss of use;

• losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;

• losses arising from negligence of a Requester or third party;

• losses arising from a manufacturer’s or a product’s defects;

• losses from pre-existing damages or conditions of the item or property;

• losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);

• losses arising from flooding and/or water damage including mold, fungi or bacteria;

• losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;

• losses of cash, third party gift cards and securities;

• losses as a result of theft of property in excess of USD 5,000 or any other intentional wrongful act by a Professional;

• losses arising from normal wear and tear;

• losses for items that retain their functionality;

• losses based on sentimental and/or undocumented intangible value;

• losses related to repairs outside of the area where the Professional Services were performed;

• losses of pets, personal liability or damage to shared or common areas;

• losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;

• losses of theft without a valid police report, if requested by EG; and losses with insufficient documentation.

vi. How do I submit a Claim? First report of a claim must be made 72 after booking occurs.  After first report, you will be asked to complete the full claim form within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim.  All claims will be reviewed on a case-by-case basis. During EG’s claims assessment process, you may be required to provide written detailed:

(I) proof of ownership of damaged/missing item

(ii) proof of value of damaged/missing item and

(iii) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send EG the requested information. If You fail to provide the requested information within the 30-day time period and/or fail to contact Handy to arrange for an extension of time, your claim will be considered closed.

You also agree to:

(I) protect and preserve any damaged property that is the basis of a claim from further damage,

(ii) assist and allow EG or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim,

(iii) accept repairs and/or remediation by a Professional,

(iv) accept a replacement only if repairs are proven not to be an option,

(v) submit requested materials by the dates outlined by the EG resolutions team, and

(vi) accept a replacement item subject to the standard depreciation of that item.

If any part of Your claim is approved, then as a condition to any payment to You under the EG Guarantee, you will be required to execute and deliver to EG a release agreement and assign to EG or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. ​

4. Term and Termination; Cancellation of Professional Services; Survival.

a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.

b. Termination by EG. To the extent permitted by applicable law, we may terminate this Agreement or terminate or suspend your right to use the website at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the EG website, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the EG due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, EG may delete the account and all the information in it. You have no ownership rights to your account.

c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use our website (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on our website. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by us.

d. Any Plan with a Minimum Commitment. If You have selected a plan with a minimum commitment, you will be subject to and charged a $150 cancellation fee should You elect to terminate the cleaning plan prior to the expiration of the minimum commitment period.

(I) Minimum Commitment Plan Term: Your minimum commitment plan term commences on the date of Your First Booking.

(ii) Minimum Commitment Plan Cancellation Fee:  If You have selected a plan with a minimum commitment, you will be subject to and charged a cancellation fee up to $150 in the US and CAN, should You elect to terminate the plan prior to the expiration of Your minimum commitment period.

(iii) Rescheduling Cleaning Plan Bookings during the Minimum Commitment Period:  You can reschedule any cleaning plan Booking for free at least 24 hours in advance of the scheduled start time, provided such rescheduled Booking will occur within the minimum commitment period.  If You reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a $15 fee. If You reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan Booking within the minimum commitment period or reschedule any cleaning plan Booking within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the booking and in addition, your account will be credited amount you are charged. Such credit will be available for your use during the minimum commitment period only as a credit to use to book one-off replacement cleaning bookings or handyman bookings, and after the minimum commitment period ends, you may apply such credits to cleaning bookings and handyman bookings.  No monetary refunds will be provided for plan Bookings that are skipped within the minimum commitment period or any cleaning plan Booking within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if You skip any cleaning plan Booking between 2-24 hours before a scheduled appointment, you will also be charged an additional $15 cancellation fee and if You skip any cleaning plan Booking during the 2 hours before a scheduled appointment, you will be charged the full amount of the Booking, and will not be eligible for any credit.

(iv) Expiration of Cleaning Plan with Minimum Commitment. Once Your minimum commitment period is complete, your selected plan will remain active and Professionals will continue to be scheduled and charged to your credit card based on your selected time and frequency.  You may cancel your plan in accordance with the cancellation policy set forth in 4(e) below.

e. Cancellation Policy for Service Cancellation by Requester of Plans without a Minimum Commitment and Cleaning Plans after completion of the Minimum Commitment period. EG's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the website at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee. If the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the EG Help Center at or by mailing a notice of cancellation to EG 153 jones ave M4M3A2, ON, Toronto. ​

f. Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, EG generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, EG cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.

h. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, shall so survive.