Terms of Service

Bindle Inc.
(Bindle)
Contractor (Bindle Pro) Terms of Service

Last Revised: February 20th 2017
The App from Bindle Inc (Bindle) connects you with vehicle owners (“Bindle Pro”) who will move your stuff wherever you want.

These Terms of Service (“Terms”) apply to your access and use of the mobile application (the “App”), website (“Site”) and other online products and services (collectively, the “Bindle Platform”) of Bindle Inc.

Accepting these Terms

BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE BINDLE PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Bindle Platform. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Bindle Platform.

Modifications

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases; we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Bindle Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

Privacy Policy

For information about how we collect, use and share information about users of the Bindle Platform, please see our Privacy Policy at http://GetBindle.com/privacy.

Description of the Bindle Platform

Through the Bindle Platform, you can submit a request (a “Request”) for Bindle to pick up the item(s) you specify (each, an “Item”) and you have selected which of the three Bindle options you have selected (Bindle-Go,Bindle-Go+,and Bindle Solo),for loading, unloading, moving, lifting),(the “Services”). You will enter a price quote that you’re willing to pay for the Services that will apply to completing your Request (the “Services Fee”). Once you submit the payment information for the Request, your Request will be sent out to our network of Bindle Pro. You will receive notification through the Bindle Platform when a Bindle Pro has bid on your Request. Once you’ve received at least one bid, you may select which Bindle Pro you would like to accept the request. Once it is accepted you will be able to communicate with that Bindle Pro through the Bindle Platform to confirm and coordinate certain logistics involved with completing your Request.
You represent and warrant that the Items related to any Request are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving or lifting of any Items, and that the performance of the Services by a Bindle Pro will not result in the violation of any third party’s ownership or privacy rights.
For more information about the Bindle Platform, please see our FAQs at http://GetBindle.com/faq.

Creating Accounts

When you create an account you must maintain the security of your password and accept the potential risk that someone may access your account without your permission. If you discover or suspect any Bindle Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Bindle reserves the right to deny any account at our discretion.

Payment for Services

Bindle Pros are paid every Wednesday for the previous seven (7) days. Payments are paid directly into your bank account. You will be asked to provide your electronic banking information when you receive your On Board Information. Should you have any issues please send the information to accounting@getbindle.com.

Bindle Pro Canceling a Request

If you have to cancel any Request after it has been accepted by the customer please notify the Bindle immediately who will then contact the customer to make alternate arrangements.

Customer Cancelling a Request

Should a customer for any reason cancel the request more than 24 hours before the Services are to be performed you will not receive any payment. If any Request is less than 24 hours before but more than 2 hours before the Services are to be performed, you will receive $5 CAD cancellation fee. If the Request is within 2 hours of the time in which the Services are to be performed, you will receive $10 CAD.

Right to Use the Bindle Platform

On the condition that you fully comply with these Terms, Bindle grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Bindle Platform for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Bindle that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Bindle Platform, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Bindle Platform, (c) disassemble, decompile or reverse engineer any of the software components of the Bindle Platform, (d) copy, frame or mirror any part of the Bindle Platform, (e) interfere with or disrupt the integrity or performance of the Bindle Platform, or (f) attempt to gain unauthorized access to the Bindle Platform or its related systems or networks.

Prohibited Use of the Bindle Platform

You may not post or otherwise make available on or through the Bindle Platform any of the following:
• Private information of any other persons (including names, email addresses, phone numbers, Social Insurance Numbers and financial information);
• Content that is libelous, defamatory, abusive, offensive or hateful;
• Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
• Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
• Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
• Viruses, corrupted data or other harmful, disruptive or destructive files or code;
• Content that, in Bindle’s judgment, is objectionable, may restrict or inhibit another from enjoying the Bindle Platform or may expose Bindle or users of the Bindle Platform to harm or liability of any type; and/or
• Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Bindle Platform or other users:
• Use the Bindle Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Bindle Platform or that could damage, disable, overburden or impair the functioning of the Bindle Platform;
• Collect any personal information about other users;
• Intimidate, threaten, stalk, bully or otherwise harass other users;
• Post spam or commercial messages through the Bindle Platform;
• Create an account or submit a Request if you are not over 18 years of age;
• Use the Bindle Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Bindle Platform, its users, or third parties.
Your use of the Bindle Platform is at your own risk. Bindle is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Bindle is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice.

Disputes between Bindle Pro and the Customer

The Bindle Platform is merely a neutral means of connecting you with Bindle Pros. We do not represent or warrant that any Bindle Pro will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Customer. Bindle is not responsible for the replacement or repair of any of your personal property that may be damaged by a customer while performing the Services.
Please report any suspected illegal or unethical behavior by a Bindle Pro during the performance of any Services to: info@GetBindle.com.

Reporting and Removal

Bindle users may report content to Bindle that they think violates these Terms, and Bindle may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the House of Commons of Canada Bill C-61 and other applicable law, Bindle has adopted a policy of terminating, in appropriate circumstances and at Bindle’s sole discretion, subscribers or account holder who are deemed to be repeat infringers. Bindle may also at its sole discretion limit access to the Bindle Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Bindle Platform infringes upon any copyright that you own or control, you may file a notification with Bindle’s Designated Agent as set forth below:
Designated Agent: Tyler Meilleur
Email Address of Designated Agent: Tyler.Meilleur@GetBindle.com
Phone number of Designated Agent: 844 4 Bindle
Mailing address of Designated Agent: PO Box 54, Ottawa Ontario, K4B 1J3
If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Bindle or the alleged infringer as the result of Bindle relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Bindle’s Rights

As between you and Bindle, all information, materials and content of the Bindle Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Bindle or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the Bindle Platform. Bindle reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Bindle any and all moral rights that you may possess in or to any Requests.

Feedback

Any suggestions, comments or other feedback you give us about the Bindle Platform (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Location Information

The Bindle Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at http://GetBindle.com/privacy.
By accepting these Terms or using the App you affirmatively consent to Bindle’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to Bindle’s collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Bindle will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Bindle will resume the collection of location information.
Bindle takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Disclaimers

EXCEPT AS REQUIRED OTHERWISE OF BINDLE BY APPLICABLE LAW, THE BINDLE PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING REQUESTS) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE BINDLE PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BINDLE PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY BINDLE PROS.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BINDLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE BINDLE PLATFORM (INCLUDING THE APP AND ANY REQUEST OR REQUEST), SERVICES PERFORMED BY BINDLE PROS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BINDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF BINDLE AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.

Indemnification

You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable legal fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Bindle Platform or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Bindle account.

Third Party Software

The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

Changes to the Bindle Platform

Bindle reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Bindle Platform and/or any features, information, materials or content on the Bindle Platform with or without providing notice to you. Bindle will not be liable to you or any third party for any changes or discontinuance of the Bindle Platform or any part of the Bindle Platform.

Consent to Electronic Communications

By using the Bindle Platform, you agree that we may communicate with you electronically regarding your use of the Bindle Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at info@GetBindle.com.

Suspension and Termination

Bindle may suspend or terminate your rights to access or use the Bindle Platform (including the App) for any reason or for no reason at all and with or without notice at Bindle’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BINDLE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BINDLE.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Bindle Platform, you and Bindle agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under Rule 24.1 and 75.1 of the Rules of Civil Procedure in the Province of Ontario. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Bindle are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Bindle will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the Rules of Civil. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the provincial and federal courts located in Ottawa, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Bindle Platform.

General

Enforcement of these Terms is solely at Bindle’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Bindle Platform and the Services, and they supersede any prior agreements that may have been made.

Contact Us

If you have any questions about these Terms, please email us at info@GetBindle.com or send a letter: C/O Bindle Inc. PO Box 54, Ottawa, ON, K4B 1J3

Notice Regarding Apple

Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and Bindle only, and not Apple; (c) Bindle, and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and Bindle, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

Bindle Inc. Terms of Service

Last Revised: February 20th 2017
The App from Bindle Inc (Bindle) connects you with vehicle owners (“Bindle Pro”) who will move your stuff wherever you want.

These Terms of Service (“Terms”) apply to your access and use of the mobile application (the “App”), website (“Site”) and other online products and services (collectively, the “Bindle Platform”) of Bindle Inc.

Accepting these Terms

BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE BINDLE PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Bindle Platform. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Bindle Platform.

Modifications

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases; we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Bindle Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

Privacy Policy

For information about how we collect, use and share information about users of the Bindle Platform, please see our Privacy Policy at http://GetBindle.com/privacy.

Description of the Bindle Platform

Through the Bindle Platform, you can submit a request (a “Request”) for Bindle to pick up the item(s) you specify (each, an “Item”) and you have selected which of the three Bindle options you have selected (Bindle-Go,Bindle-Go+,and Bindle Solo),for loading, unloading, moving,lifting),(the “Services”). You will enter a price quote that you’re willing to pay for the Services that will apply to completing your Request (the “Services Fee”). Once you submit the payment information for the Request, your Request will be sent out to our network of Bindle Pro. You will receive notification through the Bindle Platform when a Bindle Pro has bid on your Request. Once you’ve received at least one bid, you may select which Bindle Pro you would like to accept the request. Once it is accepted you will be able to communicate with that Bindle Pro through the Bindle Platform to confirm and coordinate certain logistics involved with completing your Request.
You represent and warrant that the Items related to any Request are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving or lifting of any Items, and that the performance of the Services by a Bindle Pro will not result in the violation of any third party’s ownership or privacy rights.
For more information about the Bindle Platform, please see our FAQs at http://GetBindle.com/faq.

Creating Accounts

When you create an account you must maintain the security of your password and accept the potential risk that someone may access your account without your permission. If you discover or suspect any Bindle Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Bindle reserves the right to deny any account at our discretion.

Payment for Services

You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the Bindle Pro have verified that the Services are completed your credit card account will be charged for the sum of the Services Fee.
You agree to make all payments to the Bindle Pro through the Bindle Platform and will not pay any Bindle Pro in cash or means other than directly through the Bindle Platform.

Canceling a Request

If you cancel any Request: (a) before a Bindle Pro accepts it, or (b) after it has been accepted by a Bindle Pro but more than 24 hours before the Services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any Request less than 24 hours before but more than 2 hours before the Services are to be performed, your credit card account will be charged a $5 CAD cancellation fee. If you cancel any Request within 2 hours of the time in which the Services are to be performed, your credit card account will be charged a $10 CAD cancellation fee.
In the instance where the Bindle Pro attempts to fulfill the Request but cannot do so for reasons out of the Bindle Pro’s or Bindle’s control, your credit card will be charged a $10 CAD fee.

Right to Use the Bindle Platform

On the condition that you fully comply with these Terms, Bindle grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Bindle Platform for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Bindle that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Bindle Platform, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Bindle Platform, (c) disassemble, decompile or reverse engineer any of the software components of the Bindle Platform, (d) copy, frame or mirror any part of the Bindle Platform, (e) interfere with or disrupt the integrity or performance of the Bindle Platform, or (f) attempt to gain unauthorized access to the Bindle Platform or its related systems or networks.

Prohibited Use of the Bindle Platform

You may not post or otherwise make available on or through the Bindle Platform any of the following:
• Private information of any other persons (including names, email addresses, phone numbers, Social Insurance Numbers and financial information);
• Content that is libelous, defamatory, abusive, offensive or hateful;
• Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
• Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
• Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
• Viruses, corrupted data or other harmful, disruptive or destructive files or code;
• Content that, in Bindle’s judgment, is objectionable, may restrict or inhibit another from enjoying the Bindle Platform or may expose Bindle or users of the Bindle Platform to harm or liability of any type; and/or
• Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Bindle Platform or other users:
• Use the Bindle Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Bindle Platform or that could damage, disable, overburden or impair the functioning of the Bindle Platform;
• Collect any personal information about other users;
• Intimidate, threaten, stalk, bully or otherwise harass other users;
• Post spam or commercial messages through the Bindle Platform;
• Create an account or submit a Request if you are not over 18 years of age;
• Use the Bindle Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Bindle Platform, its users, or third parties.
Your use of the Bindle Platform is at your own risk. Bindle is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Bindle is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice.

Disputes between You and a Bindle Pro

The Bindle Platform is merely a neutral means of connecting you with Bindle Pros. We do not represent or warrant that any Bindle Pro will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Bindle Pro. Bindle is not responsible for the replacement or repair of any of your personal property that may be damaged by a Bindle Pro while performing the Services.
Please report any suspected illegal or unethical behavior by a Bindle Pro during the performance of any Services to: info@GetBindle.com.

Reporting and Removal

Bindle users may report content to Bindle that they think violates these Terms, and Bindle may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the House of Commons of Canada Bill C-61 and other applicable law, Bindle has adopted a policy of terminating,in appropriate circumstances and at Bindle’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Bindle may also at its sole discretion limit access to the Bindle Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Bindle Platform infringes upon any copyright that you own or control, you may file a notification with Bindle’s Designated Agent as set forth below:
Designated Agent: Bindle Inc.
Email Address of Designated Agent: Tyler.Meilleur@bindleInc.com:
Phone number of Designated Agent: 844 4 Bindle
If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Bindle or the alleged infringer as the result of Bindle relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Bindle’s Rights

As between you and Bindle, all information, materials and content of the Bindle Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Bindle or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the Bindle Platform. Bindle reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Bindle any and all moral rights that you may possess in or to any Requests.

Feedback

Any suggestions, comments or other feedback you give us about the Bindle Platform (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Location Information

The Bindle Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at http://GetBindle.com/privacy.
By accepting these Terms or using the App you affirmatively consent to Bindle’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to Bindle’s collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Bindle will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Bindle will resume the collection of location information.
Bindle takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Disclaimers

EXCEPT AS REQUIRED OTHERWISE OF BINDLE BY APPLICABLE LAW, THE BINDLE PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING REQUESTS) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE BINDLE PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BINDLE PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY BINDLE PROS.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BINDLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE BINDLE PLATFORM (INCLUDING THE APP AND ANY REQUEST OR REQUEST), SERVICES PERFORMED BY BINDLE PROS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BINDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF BINDLE AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.

Indemnification

You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable legal fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Bindle Platform or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Bindle account.

Third Party Software

The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

Changes to the Bindle Platform

Bindle reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Bindle Platform and/or any features, information, materials or content on the Bindle Platform with or without providing notice to you. Bindle will not be liable to you or any third party for any changes or discontinuance of the Bindle Platform or any part of the Bindle Platform.

Consent to Electronic Communications

By using the Bindle Platform, you agree that we may communicate with you electronically regarding your use of the Bindle Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at info@GetBindle.com.

Suspension and Termination

Bindle may suspend or terminate your rights to access or use the Bindle Platform (including the App) for any reason or for no reason at all and with or without notice at Bindle’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BINDLE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BINDLE.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Bindle Platform, you and Bindle agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under Rule 24.1 and 75.1 of the Rules of Civil Procedure in the Province of Ontario. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Bindle are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Bindle will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the Rules of Civil. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the provincial and federal courts located in Ottawa, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Bindle Platform.

General

Enforcement of these Terms is solely at Bindle’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Bindle Platform and the Services, and they supersede any prior agreements that may have been made.

Contact Us

If you have any questions about these Terms, please email us at info@GetBindle.com or send a letter:C/O Bindle Inc. PO Box 54, Ottawa, ON, K4B 1J3

Notice Regarding Apple

Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and Bindle only, and not Apple; (c) Bindle, and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and Bindle, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.