1. The Service
The Service constitutes a technology platform that enables users of HWISEL EV’s mobile applications or websites provided as part of the Service (each, an “Application“) to arrange and schedule repair services and/or related products for residential appliances including but not limited to, furnaces, air conditioners, water heaters, and other household appliances, with independent third party providers of such services under the agreement with HWISEL EV or certain of HWISEL EV’s affiliates (“Third Party Providers“). Unless otherwise agreed by HWISEL EV in a separate written agreement with you, the Service is made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT HWISEL EV DOES NOT PROVIDE REPAIR SERVICES OR FUNCTION AS A SERVICE CONTRACTOR NOR IS LICENSED FOR SUCH SERVICES AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY HWISEL EV OR ANY OF ITS AFFILIATES.
2. Your Use Of The Service
2.1 User Accounts
2.2 User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive repair services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes. In certain instances, you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Service if you refuse to provide proof of identity.
2.3 Text Messaging.
By creating an Account, you agree that the Service may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from HWISEL EV at any time by sending an email to HWISEL EV indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
2.4 Promotional Codes.
You understand that use of the Service may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, HWISEL EV will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by HWISEL EV. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. HWISEL EV will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by HWISEL EV using the preferred payment method designated in your Account, after which HWISEL EV will provide you with a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HWISEL EV may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and HWISEL EV, HWISEL EV reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Service at any time in HWISEL EV’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. HWISEL EV will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. HWISEL EV may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to the Service requested through the Application, HWISEL EV does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by HWISEL EV (on HWISEL EV’s website, in the Application, or in HWISEL EV’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that HWISEL EV provides any additional amounts, beyond those described above, to the Third Party Provider. 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 rate your experience and leave additional feedback about your Third Party Provider.
3.1 Credit Check
HWISEL EV requires payment for certain features and the use of the Application and for any Add- Ons. Should you elect to subscribe to the Service, you shall pay all applicable fees, as described on the Site in connection with the Service. HWISEL EV reserves the right to change its price list and to institute new charges at any time, upon thirty (30) days prior written notice to you by letter, e-mail, text message, bill message, or other communications. If they do change, your continued use of the Application or the Add-ons, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
6. Registration Data; Account Security
You represent that you are the age of majority in the jurisdiction in which you reside. You also agree to: (a) provide accurate, current, and complete information as may be prompted by any registration form(s) on the Service (“Registration Data“); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to HWISEL EV, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to HWISEL EV. If you provide any information that is untrue, not current or incomplete, HWISEL EV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
8. Ownership, Copyright, And Trademarks
HWISEL EV bears no responsibility or liability for, or for any loss or damage to, the Content.
Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any Content posted or stored on the Service, and we may do this at any time and for any reason.
9. Your Limited License Of Your Content To HWISEL EV
These licenses granted by you are non-exclusive because you have the right to use your User Content elsewhere. Said licenses are royalty-free because we are not required to pay you for the use of your User Content on the Service. Said licenses are transferable because we shall have the right to transfer these licenses to any successor operator of the Service.
10. Our Limited License Of Content To You
11. Using The HWISEL EV API
This Section contains terms and conditions applicable to your use of the HWISEL EV API, whether you are a Subscriber or other User, including a developer or operator of a website or application (such a website or application, a “HWisel API Implementation“, and the developer or operator, an “API Developer“) who wishes to use the HWISEL EV API for the purpose of including Content in your HWisel API Implementation. If you are a Subscriber and you procure a third-party to develop a HWisel API Implementation for you, this Section applies to your and their use of the HWisel API, and you are responsible for their compliance with this Section to the same extent as though you were developing the HWisel API Implementation yourself.
If you are an API Developer and not otherwise a Subscriber or other User of the Service, the license set forth in this Section applies to your use of the HWisel API, and the license set forth in Section 6 does not apply to your use of the Hwisel API. If you are also a Subscriber or other User, the license set forth in Section 6 applies to your use of Content other than the HWisel API, and this Section applies to your use of the HWisel API.
Your use of the HWisel API is also subject to the following restrictions. You may not:
- Interfere or attempt to interfere in any manner with the proper workings of the HWisel API, or create or distribute any HWisel API Implementation that adversely affects the functionality or performance of the Service or adversely impacts the behavior of other applications using the HWisel API;
- misrepresent your identity or intentions when communicating with us in relation to the HWisel API, use the developer credentials licensed to a different individual or entity, allow your credentials to be used by others, or mask your usage of the HWisel API;
- use the HWisel API in association with, or as a component of, any website that in the sole discretion of HWisel is determined to be obscene or otherwise inappropriate;
- use the HWisel API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
- use the HWisel API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;
- replicate, in whole or in part, the “look and feel” of HWisel with your HWisel API Implementation;
- include in your HWisel API Implementation a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between HWisel and your HWisel API Implementation among users;
- disparage or otherwise negatively represent HWisel in your HWisel API Implementation;
- use the HWisel API for any application that attempts to replace or replicate the essential user experience or functionality of the Service;
- reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof;
- circumvent or render ineffective any IP address-based functionality or restriction imposed by the Service;
- circumvent technological measures to prevent direct database access, nor manufacture tools or products to that effect;
- build conversion functionality that converts Content from the Service to a competing product or service; or
- at any time you are operating your HWisel API Implementation, solicit, interfere with or endeavor to entice away from us any of our Subscribers.
You agree to carefully monitor your use of the HWisel API and ensure that it remains within reasonable operational limits for both your own server capacity and for ours. You acknowledge and agree that we may impose or adjust the limit on the number of transactions you may send or receive through the Service; such fixed upper limits may be set by us at any time, at our discretion.
HWISEL EV has no responsibility to any person for any use or misuse of any Content obtained through the HWisel API. If you are a Subscriber, you should consider carefully whether you wish to give an API Developer access to your Content through the HWisel API. If you wish to revoke access to your Content through the HWisel API, you should change your HWisel API key or revoke authorization of the HWisel API Implementation to your Content. Please contact us at support@Hwisel.com if you want assistance doing this.
12. Use Of Interactive Areas And The Service
The Service may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Service (“Interactive Areas”). If HWISEL EV provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Service will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of HWISEL EV, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Service, or which may expose HWISEL EV or its affiliates or its users to any harm or liability of any type.
Finally, HWISEL EV has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Service generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Service you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Service in violation of the foregoing violates these Term of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Service.
13. No Responsibility For Third-party Services, Sites Or Content
The Service may permit you to link to other websites, applications, or resources on the Internet or directly to the application server that are not owned or operated by HWISEL EV (“Third-Party Sites“) and other websites or resources that are not owned or operated by HWISEL EV may contain links to the Sites and Service, including third-party content (“Third-Party Content“) and third- party services (“Third-Party Services“), including Add-ons, payment processors and other payment intermediaries or applications that you may use in connection with your use of the Service (collectively, “Third-Party Materials“). Not to limit the generality of this section, Third-Party Service content may include Smart Home devices, applications, content including from Smart Thermostats, Door Bell Cameras, Security Systems, and more.
You acknowledge and agree that HWISEL EV and its affiliates are third party beneficiaries of the End User License Agreement for each Add-on, and that, upon your acceptance of the terms and conditions of the license to any such Add-on, HWISEL EV will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
14. Advertisements And Promotions
HWISEL EV may run advertisements and promotions for its own Service and from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than HWISEL EV, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. HWISEL EV is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Service.
15. Warranty Disclaimer
The Site, the Content, the Add-ons and the Service are provided to you on an “as is” basis without warranties from HWISEL EV of any kind, either express or implied. HWISEL EV expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. HWISEL EV does not represent or warrant that Site, the Content, the Add-ons or the Service are accurate, complete, reliable, current or error-free. While HWISEL EV attempts to make your access to and use of the Service safe, HWISEL EV does not represent or warrant that the Site, the Content, the Add-ons or the Service are free of viruses or other harmful components.
16. Limitation Of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against HWISEL EV, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties“) arising out of or in any way relating to your use of the Site, the Content, the Add-ons or the Service, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, the Add-ons or the Service. You use the Site, the Content, the Add-ons and the Service at your own risk.
Without limitation of the foregoing, neither HWISEL EV nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, the Add-ons or the Service, including without limitation any damages caused by or resulting from your reliance on the Site, the Content, the Add-ons or the Service or other information obtained from HWISEL EV or any other Released Party or accessible via the Site, the Content, the Add-ons or the Service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to HWISEL EV or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of HWISEL EV, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, the Add-ons or the Service exceed any compensation paid by you for access to or use of the Site, the Content, the Add-ons or the Service, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless HWISEL EV and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, the Add-ons and the Service, and if you are a Subscriber, from your Technician’ use of the Service and from the use of the Site, the Content, the Add-ons and the Service by any person to whom you give access to your account (including Attendees or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Technician’, User Content infringes the rights, including the intellectual property rights, of any third party.
18. Applicable Law And Venue
If you choose to access the Service from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify HWISEL EV and the other Released Parties for your failure to comply with any such laws.
19. Termination/modification Of License And Site Offerings
20. Inactive Accounts; Termination Of Agreement
If your account is inactive for at least two (2) months, we may deactivate your account. Deactivated accounts are not immediately deleted and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support@Hwisel.com. If after your account has been deactivated you do not seek to restore the account within a reasonable period of time, we may terminate it at any time in our sole discretion and without further notice to you.
22. Questions And Comments
130 Queens Quay East, Suite 518,
Toronto, Ontario – M5A 3Y5
Redundant Servers and Datacenters
The HWISEL EV infrastructure uses redundant storage and servers to keep the application and your data available in the case of hardware failure – and another set of servers and storage in a geographically separate datacentre in case our primary datacentre is made unavailable by a disaster or other disruption.
HWISEL EV has chosen Amazon for our hosting needs. With major clients around the World including their own needs Amazon provides the hardware, service and expertise to ensure the best App speed and uptime.
The data in your HWISEL EV account is replicated across multiple database servers in two geographic locations to prevent a single failure from causing data loss. Additionally, that data is backed up nightly to tape and stored in a secure offsite location to ensure that, even in the event of a catastrophe like a tornado or flood, your information will be safe and your records can be quickly restored.
If you have any security concerns or questions, please feel free to contact us directly.
Credit Cards And Bank Accounts Terms Of Service
The Credit Cards and Bank Accounts Service is a “Service”, your use of which is subject to the herein Terms of Service (the “Terms of Service” or “Terms”). In addition, these Credit Card and Bank Accounts Terms of Service (the “Connected Bank Accounts Terms“) apply specifically to the connected Credit Cards and Bank Accounts and your use of them.
Although it is made available through the Site, the Connected Accounts Service is provided by a third party service provider (the “Third Party“). The Third Party requires the information that you provide when you connect accounts through the Connected Accounts Service, including the details of the financial institutions that you deal with and your financial user IDs and passwords, in order to provide the Connected Accounts Service. By providing the requested information and connecting an account, you consent to the disclosure of such information to the Third Party and the use of such information by the Third Party as necessary to provide the Connected Accounts Service. You agree to follow the Third Party’s standard operating procedures, including without limitation security procedures, with respect to your use of the Credit Card and Bank Accounts Service.
Limitation Of Liability
In no event shall the aggregate liability of HWISEL EV and the Third Party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Credit Card and Bank Accounts Service exceed any compensation paid by you for access to or use of the Credit Card and Bank Accounts Service during the three months prior to the date of any claim.
If the Third Party reasonably believes that the Credit Card and Bank Accounts Service, or your conduct or that of any User in using the Credit Card and Bank Accounts Service (including without limitation a User intentionally initiating fraudulent or unauthorized access or payments, or violating any agreement under which it has been provided access to the Credit Card and Bank Accounts Service), violates any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to the Third Party, or to any of the systems, security, equipment, processes, intellectual property or reputation of HWISEL EV, the Third Party, or the Third Party’s Technician (a “Threatening Condition”), the Third Party will provide HWISEL EV with notice of the Threatening Condition, and HWISEL EV and the Third Party will use reasonable efforts to cure or cause the correction of the Threatening Condition. If, in the reasonable and good faith determination of the Third Party, an imminent or actual Threatening Condition exists, the Third Party may suspend any and all use of the Credit Card and Bank Accounts Service or the applicable portion thereof until such Threatening Condition is cured. The Third Party may terminate your use of the Credit Card and Bank Accounts Service without further requirement of notice if the Threatening Condition remains uncured more than thirty (30) calendar days after the Third Party notifies HWISEL EV of the Threatening Condition.
ACH / Pre-authorized Payment
By providing HWISEL EV with your banking information you are entering into a PAD Agreement with HWISEL EV. You are granting HWISEL EV the authority to debit your bank account, as provided by you to HWISEL EV, the amount of your Charges and any recurring Charges for Extra(s) products selected by You. You are furthermore agreeing that this PAD Agreement is personal and shall remain in effect, subject to your right of cancellation or upon making other acceptable payment arrangements to HWISEL EV, for the duration of this Agreement. Cancellation of your PAD Agreement will require that you provide HWISEL EV with written notice of not less than fifteen (15) days to be faxed, mailed, or emailed, to HWISEL EV. Forms may be found at www.cdnpay.ca.
You have certain recourse rights if any debit does not comply with this Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca.
In the event that you elect to terminate your PAD Agreement, HWISEL EV will require credit card debit information. By entering into this PAD Agreement you are hereby waiving any pre- notification requirement of the amount of the PAD or before a debit is processed and furthermore agree that termination by you of the PAD Agreement shall in no event effect the obligations arising under your use of the Service and your continuing obligations to ensure that any Charges are made when due. It is your responsibility to ensure that any changes to your account information are provided to HWISEL EV immediately.