Lemidoo is a marketplace that allows users to offer jobs, tasks, and just about any need in a variety of pricing formats and locations. The actual contract for sale of services is directly between the seller and buyer.
The Service enables Users who are seeking help ("Poster"
) with various services to connect through the Website or App with third party individuals (the "Temps"
)who would like to complete the task for the Poster. The Poster determines the fee compensation they are willing to offer the Temp, and the Temp may choose to accept such fee. We do not provide or perform any of the Services offered ont he website or our App. We are not responsible for the performance of theServices, nor do we have control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the identification, request, or provision of Services related, directly or indirectly, to our Service.
While we may provide pricing, listing, sourcing, and other guidance in ourServices, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Lemidoo has no control over and does not guarantee: the existence, quality, safety or legality of services advertised; the truth or accuracy of users' content or listings; the ability of users to offer jobs, tasks or other related activities; or the ability of Temps to fulfill such said services.Using Lemidoo
In connection with using or accessing the Services you will not:
- Post, list or upload content or items in inappropriate categories or areas on our sites;
- Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- Use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- Fail to pay for services which were fulfilled for you, unless you have a valid reason as set out in an Lemidoo policy, for example, the Temp has materially failed to fulfill their obligations;
- Manipulate the price of any item or interfere with any other user's listings;
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- Take any action that may undermine the feedback or ratings systems; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Lemidoo;
- Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Lemidoo. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Lemidoo or someone else;
- Harvest or otherwise collect information about users without their consent; or
Requesting A Services
. A User may use the website or App to post a request to have a particular Service need and establish a fee they are willing to pay for such said Service. Such Requests must be clearly worded, correctly provide for the relevant category of service, and be a fair and accurate description of the task to be done. When making a request, the Poster is solely responsible for confirming the accuracy of all information provided, including, the task requested to be done and the location at which the Requesting User will require such said Services. As a Poster, by confirming your Request and offer, you understand and agree that you have made an offer, for which an Temp has the power to accept or reject in his or her sole discretion.
Registration Data; Account Security
. In consideration of your use of the Service, you agree to: (a) provide us with accurate, current and complete information about you, maintain and promptly update the information you provide to us, to keep it accurate, current and complete. We reserve the right to reject any registration form in our sole discretion. You may register on behalf of a corporate entity; however you acknowledge and agree that by providing information in such a capacity, you signify that you are authorized to enter into this Agreement on behalf of, bind the entity to, these terms and register for the Service and the App. Upon providing information to us through the Service, you will 1. provide account information including (but not limited to) your personal information, mobile telephone number, and credit card or paypal data. Once you successfully register for a User Account, you will choose a password and be given access to your personal Account.USE CAUTION
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT LMD DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. LMD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. LMD RESERVES THE RIGHT TO CONDUCT - AND YOU AGREE LMD MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES OR CRIMINAL OFFENCES BACKGROUND CHECKS) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
LMD is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
After connecting with a worker online, you may choose to meet him or her in-person. If so, be careful and use common sense. Never meet someone in private for the first time; choose a public place, and take a friend. For more information about staying safe, please visit www.socialsafety.org.
WE DO NOT GUARANTEE THAT LEMIDOO WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT LEMIDOO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) LEMIDOO WILL MEET YOUR REQUIREMENTS, (2) LEMIDOO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,(3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF LEMIDOO WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH LEMIDOO WILL MEET YOUR EXPECTATIONSFees
The fees we charge for using our Services are listed on our standard selling fees page. We may change our seller fees from time to time by posting the changes on the corporate site in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
. You understand and agree that there is a minimum charge set for each Service. We reserve the right, in our sole discretion, to apply the Minimum Charge for your Task, other than as provided for herein. You understand and agree that we may apply the minimum charge to the Task if the Temp arrives at the Premises prior to any cancellation and within the grace period as set out in the Guidelines
a. No Obligation to Withhold Taxes
. Except for applicable taxes indicated if you are a corporation, we do not collect or remit any taxes for any Service payments received in any jurisdiction. The payment rate used for computing may be exclusive inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by the Temp. You acknowledge and agree that such taxes may be added to your offer price. You further agree to indemnify and hold the Imaginative Minds and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Service
b. Promotions and Promotional Credits
. We may, from time to time and in our sole discretion, provide certain promotional credits to Users. There is no guarantee of or right to receive any such Promotional Credits. We reserve the right to activate, modify, or delete any such Promotional Credits at anytime, in our sole discretion and without notice to you. Promotional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your User Account.
Content- When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above)you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future.To the fullest extent permitted under applicable law, you waive your right to enforce against us, our assignees, our sublicensees, and their assignees yourIntellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any IntellectualProperty Rights of any third party. We take no responsibility and assumes no liability for any content provided by you or any third party.
. We make no guarantee regarding the provision of the Services, the acceptance of any offer, the availability, workmanship, timeliness, integrity, ability or skill of Temp to perform the services. The COMPANY DOES NOT MAKE ANY REPRESENTATION RELATED TO THE SKILLS AND QUALIFICATIONS OF TEMPS.
c. AS IS;AS AVAILABLE
. THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND LEMIDOO DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
2. Limitation on Liability
. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION),
a. IN NO EVENT WILL LEMIDOO, OR THEIR DIRECTORS, PARTNERS, OFFICERS,EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,INCLUDING, WITHOUT LIMITATION, AND WHETHER DIRECT OR INDIRECT, FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES). , EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, AND
bNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING YEAR IN WHICH YOUR SUCH CAUSE AROSE.
3. Governing Law; Venue and Jurisdiction
. You agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any dispute hereunder.Dispute Resolution
Contact Us First
. We care about addressing your concerns in an informal and efficient manner. For any dispute you have with us regarding the Services, you agree to first contact us and attempt in good faith to resolve the dispute informally by reporting the dispute to our customer service online at any time by emailing firstname.lastname@example.org.
No Class Actions
. You hereby agree and acknowledge that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, purported class, consolidated, or representative action. You further agree that, by entering into these terms, you and Lemidoo each agree that all claims and disputes shall be resolved under this Agreement. You further waive any constitutional or statutory right to go to court and have a trial in front of a judge or jury on an individual, class action, or representative action basis.In the event any litigation should arise between you and us, in any jurisdiction, in a suit to vacate or enforce an Arbitration award or otherwise, you and Lemidoo waive all rights to a jury trial, instead electing that the dispute be resolved by a judge, and agree to take any and all action necessary or appropriate to effect such waiver.
App/Mobile Phone Use
. You agree to adhere to any terms of any app store, mobile software platform, payment platform, or other third party services provided in connection with your use of the App. We reserve all rights in and to the App not expressly granted to you under thisAgreement and you only have a limited license to use it to access the Service in accordance with these terms. By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts from us You understand and acknowledge that by communicating by calls or text, standard message charges or other charges from your wireless carrier may apply.
. This Agreement constitutes the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of theSite or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall ensure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.Authorization to Contact You; Recording Calls; Analyzing Message Content
Lemidoo may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii)resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Lemidoo may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by Privacy laws.
Lemidoo may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Lemidoo or its agents for quality control and training purposes, or for its own protection.Privacy of Others; Marketing
If Lemidoo provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents)harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Lemidoo Services or your breach of any law or the rights of a third party.General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.lemidoo.com
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of thisUser Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.lemidoo.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30days' notice by posting the amended terms. Additionally, we will notify you through the Lemidoo Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an eBay representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.