Klippers is a mobile application that allows its users to access on-demand personal care services via their smartphones.
These Terms and Conditions of Use (the “Terms”) govern the access or use by you of applications, websites, content, products, and services made available by the Company, including our website at www.getklippers.com (the “Website”) and the Klippers mobile applications (collectively, the “Services”). PLEASE CAREFULLY READ THESE TERMS BEFORE ACCESSING OR USING THE SERVICES.
The Services are a communications and technology platform that enables users of the Company’s applications, websites and other communications protocols provided as part of the Services (collectively, the “Applications”) to arrange and schedule grooming, stylist and/or barber services with independent third party providers of such services (each such person, a “Third Party Provider”). In addition to referring to such independent third party providers of grooming, stylist and/or barber services as Third Party Providers, we also refer to them as “Klippers”, as discussed below.
YOU ACKNOWLEDGE AND AGREE THAT KLIPPERS DOES NOT PROVIDE GROOMING, BARBER OR STYLING SERVICES, AND KLIPPERS DOES NOT FUNCTION AS AND IS NOT A BARBERSHOP NOR BEAUTY SALON. IT IS UP TO THE GROOMING SPECIALISTS, BARBERS, OR STYLISTS WORKING AS INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY KLIPPERS OR ANY OF ITS AFFILIATES TO OFFER SUCH SERVICES, WHICH MAY BE SCHEDULED OR MADE AVAILABLE THROUGH USE OF THESE SERVICES.
The Company checks the backgrounds of Third Party Providers via third party background check services. However, each User 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 personally know. BY USING THE SERVICES, YOU AGREE TO HOLD THE COMPANY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY, LOSS OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES OR GOODS PROVIDED BY ANY THIRD PARTY PROVIDER.
The Services and all rights therein are and shall remain the Company’s property or the property of its licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except to the extent provided in the limited license expressly granted in this Agreement; or (ii) to use or reference in any manner Klippers’s company names, logos, product and service names, trademarks or services marks or those of Klippers’s licensors.
Key Content and Service Related Terms
The following key content and service related terms are used in these Terms:
“Company Content” means Content that Company makes available through the Services, Website or Application, including any Content licensed from a third party, but excluding User Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio or visual information, or other materials.
“Klippers stylist” means independent grooming specialists, barbers or stylists providing a service to Users of the Services, Website or Application.
“Klippers Haircut” means either a haircut or a haircut and beard trim performed by a Klippers Barber, as requested by a User and performed to the User’s specifications when the Klippers Barber arrives in-person to service the User or when the User makes such specifications through the use of the Services, Website or Application.
“User” means a person who accesses or uses the Services, Website or Application.
“User Account” means the password-protected account that the User creates on the Services, Website or Application that contains the User’s security information, personal and payment information and haircut preferences.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services, Website or Application, including commentary and feedback related to the Services and submissions of entries for any promotions.
“User Status” means an individual has accessed his or her own Klippers account. In an instance where a user has accessed Klippers through a profile which is not representative of themselves, they will not be classified as having user status.
In these Terms, the words “including” and “include” mean “including, but not limited to”.
THIRD PARTY INTERACTIONS
During use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website or Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company may have third party advertising and marketing supplied through the Website or Application and other mechanisms that subsidizes the Website or Application. The Company does not endorse any third party services or content, and in no event shall the Company or its licensors be responsible or liable for any content, products, services or other materials of or available from third party providers. You acknowledge that additional or different terms and conditions of use and privacy policies may apply to your use of or access to third party goods, services or content, and the Company disclaims any and all responsibility or liability arising from agreements or arrangements between you and the third party providers.
Additionally, Apple Inc., Google, Inc. or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account or to use the Services. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. You further represent and warrant to the Company that you have the right, authority, and capacity to enter into these Terms and abide by these Terms.
Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or the Company’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
You agree that Klippers reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services or Application at any time, and from time to time, effective upon posting of an updated version of this Agreement on the Website or Application or on the applicable Service(s). You are responsible for regularly reviewing the Terms. Continued use or access of the Service or Application after any such changes or posting shall constitute your consent to be bound by the Terms, as amended. If you do not agree to these Terms, you may not access and/or use the Services. These Terms expressly supersede prior agreements, understandings or arrangements with you. The Company may immediately and without notice terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Your participation in using the Services is for your sole, personal use. You may not authorize others to use your User Status, and you may not assign or otherwise transfer your Account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Services. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You are responsible for obtaining the data network access necessary to use the Services, and may only access the Services using authorized means. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
By using the Services, you agree that:
You may not (i) license, sublicense, sell, resell, transfer, assign, distribute, stream, broadcast, lease, publicly display, publicly perform, transmit, or otherwise exploit or make available the Services in any way, except as expressly permitted to you in writing by Klippers; (ii) reproduce, modify, make or prepare derivative works based upon, the Services; (iii) link to, frame or mirror any portion of the Services; (iv) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (v) remove any copyright, trademark or other proprietary notices from any portion of the Services; (vi) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any Application, or (c) copy any ideas, features, functions or graphics of any Application; (vii) cause or launch any program or script for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services (including, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second), or unduly burdening or hindering the operation and/or performance or functionality of any aspect of the Services or Application; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You may not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (iv) interfere with or disrupt the integrity or performance of the Services or Application or the data contained therein.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Services, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us by changing your User settings on your Account, or emailing us at email@example.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. If you change your mobile phone service provider, the service may be deactivated and you will need to re-enroll in the notification service.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
LICENSES GRANTED BY COMPANY TO COMPANY CONTENT AND USER CONTENT
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license: (i) to access and use the Company Content on your personal device solely for your personal and non-commercial use of the Services; and (ii) to access any User Content to which you are permitted access through the Services solely for your personal and non-commercial use of the Services.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Application or Collective Content, except as expressly permitted in this Agreement. Any rights not expressly granted in these Terms are reserved by the Company and the Company’s licensors.
USER PROVIDED CONTENT; LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. Any User Content provided by you remains your property. However, by making available any User Content through the Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to the Company the license and rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission, transmittal or making available of the User Content or the Company’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content, in the Company’s sole discretion and at any time and for any reason, without notice to you.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
The following further applies to any App Store Sourced Application:
INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services, the Application and the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, Website or Application. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, Website or Application, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Services, Website and Application, are trademarks of the Company or third parties, and no right or license is granted to use them.
Klippers respects copyright law and expects its users to do the same. It is the Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Company’s Copyright Policy athttps://www.getklippers.com/legal/copyright, for further information.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). The Company will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Any Charges for use of Klippers’s Services, including for ordering and experiencing a Klippers services with a Klippers Stylist, are final and non-refundable. All Charges are due immediately and payment will be facilitated by Klippers using the preferred payment method designated in your Account, after which Klippers will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Klippers may use a secondary payment method in your Account, if available.
In select circumstances, brought to light within three days of service completion, the Company reserves the right in its sole discretion to offer a courtesy correction to improve the original service. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Services or Application, either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right from time to time to determine final prevailing pricing. – Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Services or the Charges applied to you.
You may elect to cancel your request for services or goods from a Third-Party Provider (a “Cancellation”) at any time prior to such Third-Party Provider’s arrival, in which case you will be charged a cancellation fee if such cancellation is within four (5) hours of the Third Party Provider’s scheduled arrival time on our Services. If your cancellation is received by our Services more than four (5) hours before the Third Party Provider’s scheduled arrival time on our Services, Klippers’s policy is generally you will not be charged a cancellation fee. Cancellations which are done within 5 hours of the appointment time will be charged 50%.
Gratuity, Tipping and Services Feedback Policy
The payment structure for our Services which states that tipping is “voluntary”, “not required”, and/or “included” is not intended to suggest that the Company provides any additional amounts to the Third Party Provider, and the payment structure described above is intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to evaluate and rate your experience, and leave feedback, about your Third Party Provider.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES INCLUDING THE WEBSITE OR APPLICATION WILL BE SECURE OR TIMELY OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, ABILITY, SUITABILITY OR AVAILABILITY OF THIRD PARTY PROVIDERS, OR OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY’S WEBSITE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, LOST PROFITS, USE, PROPERTY DAMAGE OR OTHER ECONOMIC ADVANTAGE) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FORM ANY USE OR ACCESS OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE. NEITHER THE COMPANY NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LIABILITY, LOSS, DAMAGE OR INJURY ARISING OUT OF OR RESULTING FROM: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR (iii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, OR BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE WEBSITE OR APPLICATION, EVEN IF THE COMPANY OR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE GROOMING, STYLIST, BARBER AND LOGISTICS SERVICES FROM THIRD PARTY PROVIDERS WHO PROVIDE SUCH SERVICES, BUT YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIAIBLITY TO YOU RELATED TO ANY GROOMING, STYLIST, BARBER OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES OR APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU.
By entering into this Agreement and using the Website or Application, you agree to indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, demands, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use or misuse of the Services or services or goods obtained through your use of the Services; (b) your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein; (c) Klippers’s use of your User Content; or (d) your violation of any rights of any third party, including Third Party Providers.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. By agreeing to the term and conditions, you consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of “Klippers” and these Terms and Conditions.
Arbitration. You agree that any controversy, dispute or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be settled by binding arbitration between you and the Company, except that each party retains the right to bring individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge that you and the Company are each waiving the right to a trial by jury. Such arbitration shall be in accordance with the commercial arbitration rules of the Canadian Arbitration Association (“CAA”) in accordance with the Commercial Arbitration Rules, except as modified by this “Dispute Resolution” section. The Commercial Arbitration Act will govern the interpretation and enforcement of this Section. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You also may not under any circumstances commence or maintain against the Klippers any class action or other representative action or proceeding.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the CAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Ontario and will be selected by the parties from the CAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the CAA will appoint the arbitrator in accordance with the CAA Rules.
If your claim does not exceed CAD 5,000, then the arbitration will be conducted solely on the basis of documents you and Klippers submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds CAD 5,000, your right to a hearing will be determined by the CAA Rules. Subject to the CAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitration Location and Procedure. The arbitration shall be conducted in Toronto, Ontario and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Klippers may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario necessary to protect the rights or property of you or Klippers pending the completion of arbitration.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Klippers (except for small-claims court actions) may be commenced only in the federal or state courts located in Toronto, Ontario.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the CAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with these Terms, including the terms of the “Limitation of Liability” section and “Disclaimer of Warranties” section above, as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any CAA filing, administrative and arbitrator fees will be solely as set forth in the CAA Rules.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Klippers changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
Notices. The Company may give notice by means of a notice on the Services, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time.
You may not assign these Terms without the Company’s prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
These Terms are governed by and construed in accordance with the law of the Province of Ontario, without giving effect to any conflicts of law principles.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any Third Party Provider as a result of this Agreement or use of the Services or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.