Terms & Conditions

Last Revised: June 2, 2025

  1. Services

These terms and conditions (the “Terms and Conditions”) set out the general terms and conditions which govern your access to and use of: (i) this website (the “Website”), operated by Handy Bee Home Maintenance & Repair Services Franchising Limited and its respective subsidiaries, affiliates and/or related entities (collectively, “HandyBee”), and/or (ii) any of HandyBee’s services (collectively with the Website and the Service Guarantee (defined below), the “HandyBee Services”).

The HandyBee Services include connecting Website users (“Users”) with local service providers (“Providers”) for various home improvement and/or related home tasks and services (collectively, “Home Services”). Providers connected or otherwise accessed through the HandyBee Services are independent franchise owners and are not owned or operated by HandyBee. HandyBee is not a Provider nor does it perform Home Services as part of the HandyBee Services. Subject only to the Service Guarantee (defined below), HandyBee is not responsible for, nor does HandyBee have control over, the performance of any Provider or the provision of any Home Services related directly or indirectly to the HandyBee Services.

  1. Additional Terms

In addition to these Terms and Conditions, your access to and use of the HandyBee Services is subject to: (i) the HandyBee Service Guarantee (the “Service Guarantee”) current terms and conditions (the “Service Guarantee Terms”), available at https://handybee.ca/service-guarantee/; and, (ii) any other terms and conditions published to the Website or that may otherwise be communicated to you in connection with the HandyBee Services (collectively, the “Additional Terms”). In the event of any conflict or any inconsistency between any provision of these Terms and Conditions and any provision of the Additional Terms, these Terms and Conditions shall prevail.

All agreements for Home Services (the “Home Services Agreements”) are between the applicable User and Provider (and for certainty, are not Additional Terms). HandyBee is not a party to, and has no responsibility or obligations in respect of, any Home Services Agreement, subject only to the Service Guarantee.

  1. Privacy

Without limiting any of the foregoing, by accessing or using the HandyBee Services, you: (a) acknowledge that you have reviewed and understand the HandyBee Privacy Policy (available at: https://handybee.ca/privacy-policy/) as it applies to the HandyBee Services (the “Privacy Policy”); and (b) consent to the practices described in the Privacy Policy. For the purposes of these Terms and Conditions, the Privacy Policy is part of the Additional Terms.

  1. Binding Agreement

BY ACCESSING OR USING THE HANDYBEE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT ACCESS NOR USE THE HANDYBEE SERVICES.

These Terms and Conditions are a binding legal contract between you and HandyBee. Please read these Terms and Conditions carefully before accessing or using the HandyBee Services. By accessing or using the HandyBee Services, you represent that you have read, understand and agree to be legally bound by and to comply with: (i) these Terms and Conditions; and (ii) the Additional Terms (which, for certainty, include the Service Guarantee Terms and Privacy Policy).

IMPORTANT NOTE – LIMITATION OF LIABILITY: By accessing or using the HandyBee Services, you are agreeing to accept certain liability limitations and disclaimers (notably, disclaimers (section 11), limitation of liability (section 12), disclaimers of warranties (section 14), and a binding arbitration clause and class action waiver (section 15)), which are further explained below in these Terms and Conditions and apply to the maximum extent permitted by applicable law.

  1. Eligibility

You must be a legal resident of Ontario or Nova Scotia Canada who is sixteen (16) years of age or older to access or use the HandyBee Services. You must comply with all applicable laws in the course of using the HandyBee Services.

IMPORTANT NOTE – MINORS: If you are between the minimum age set out in the paragraph above and the legal age of majority in your jurisdiction of residence (each, a “Minor”), you must only access or use the HandyBee Services under the direct supervision of your parent or legal guardian, who has agreed on your behalf and on their own behalf that each of you will be legally bound by these Terms and Conditions and all applicable Additional Terms. If you are a parent or legal guardian agreeing to these Terms and Conditions (and, as applicable, Additional Terms) for the benefit of a Minor, please be advised that you are fully responsible for such Minor’s access to and use of the HandyBee Services in accordance with these Terms and Conditions and any and all legal liability that such Minor may incur in connection with their access to and use of the HandyBee Services.

Notwithstanding the foregoing, if you use the HandyBee Services to be connected to a Provider and enter a Home Services Agreement, such Home Services Agreement must be entered by a User who has reached the legal age of majority in their jurisdiction of residence (and who otherwise complies with these Terms and Conditions and all applicable Additional Terms).

If you use the HandyBee Services to be connected to a Provider, you must follow all applicable Website instructions and provide all applicable User information and/or other content requested. All User information and/or other content provided through the HandyBee Services is subject to the applicable requirements set out in these Terms and Conditions, including without limitation, the terms and conditions applicable to User Content set out below.

  1. Home Services

If you use the HandyBee Services in connection with any Home Services, you represent and warrant that you: (i) have all necessary rights and permissions in respect of the Home Services (including, without limitation and as applicable, to request Home Services, grant access for Home Services, and have Home Services performed in respect of the applicable premises); and (ii) understand and agree that the Home Services is subject to the applicable Home Services Agreement(s) and the liability limitations and disclaimers set out in these Terms and Conditions.

If you enter a Home Services Agreement, you acknowledge and agree that: (i) you will pay the fees associated with the applicable Home Services as set out in the Home Services Agreement; (ii) all payment terms in respect of the Home Services are subject to the terms of the applicable Home Services Agreement, including without limitation any deposit, cancellation, or refund terms; and (iii) HandyBee may charge a service fee for facilitating the applicable Home Services (a “Services Fee”), as set out in the Home Services Agreement.

  1. Service Guarantee

The Service Guarantee is subject to the Service Guarantee Terms. In addition, the following terms and conditions apply to the Service Guarantee: (i) if you are not reasonably satisfied with the provision of Home Services by a Provider for which you used the HandyBee Services, you may submit a claim to HandyBee in writing in accordance with the HandyBee contact information set out in section 20 below; and, (ii) if HandyBee determines, in its sole and absolute discretion, that a claim received meets all Service Guarantee eligibility requirements, HandyBee will seek to resolve the problem by having the applicable Provider return and endeavor to complete the applicable Home Services to your reasonable satisfaction at no additional cost to the original cost as set out in the applicable Home Services Agreement governing the Home Services. To be eligible, a Service Guarantee claim must: (i) be received by HandyBee, in accordance with all requirements set out above, within thirty (30) days of the completion date of the applicable Home Services (as determined by HandyBee and the applicable Provider in their sole and absolute discretion); and (ii) be in connection with the provision of Home Services that HandyBee, in its reasonable discretion, considers incomplete, inadequate, contrary to the applicable Home Services Agreement, or otherwise subject to the Service Guarantee.

  1. Prohibited Content and Activities

You are solely responsible for the accuracy of all information you provide using the HandyBee Services. All information that you provide using the HandyBee Services must be truthful, current and complete. You agree to promptly update any information you provide HandyBee in the event of any change to maintain its accuracy. You agree to promptly notify HandyBee of any unauthorized information provided in respect of your use of the HandyBee Services.

You are solely responsible for all activities that occur under your access to and use of the HandyBee Services, including that you are responsible for maintaining the confidentiality of any information that you are given through the HandyBee Services. You may link to the Website provided that you do so in a way that is fair and legal and does not damage the reputation of HandyBee, any Provider, or take advantage of any such reputation. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on HandyBee’s or any Provider’s part where none exists.

Without limiting any of the foregoing, you may not use the HandyBee Services to take any action that could harm HandyBee, a Provider, or anyone else, interfere with the HandyBee Services, or use the HandyBee Services in a manner that violates or that may lead to the violation of any applicable law, regulation, regulatory guideline or standard. For example, you may not:

  • Connect with a Provider using the HandyBee Services if you do not intend to have the applicable Home Services completed or you do not intend to pay for the Home Services;
  • Use the HandyBee Services to harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any other User or any Provider;
  • Manipulate, falsify or otherwise misrepresent any information or other content that you provide, access or otherwise use in connection with the HandyBee Services (collectively, “User Content”);
  • Provide fraudulent, false, inaccurate, untruthful or otherwise misleading User Content;
  • Use any unauthorized User Content, property, or intellectual property to access or use the HandyBee Services, or otherwise use the HandyBee Services, directly or indirectly, in a manner that violates any third party rights (including, without limitation, any property right, right of publicity or privacy, or any other proprietary or other right of any person or entity, whether contractual, statutory or common law);
  • Access or use the HandyBee Services for or with any other individuals who do not meet the eligibility requirements set out above;
  • Make available private information or personal information of any third party;
  • Use any device, software, or program to interfere with the HandyBee Services;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the HandyBee Services, or use any tools for compromising security;
  • Use the HandyBee Services to encourage or facilitate illegal activity, pornographic or obscene services, or services you have no legal right to request or perform;
  • Engage in any other conduct that restricts any person from using the HandyBee Services, or that, in HandyBee’s sole judgment, exposes HandyBee, Users, Providers or any other third party to any liability, damages, or detriment of any type.

To the fullest extent permitted by applicable law, HandyBee has the right to limit the use of, suspend or terminate any HandyBee Service and/or any User’s access to or use of the HandyBee Services if it determines or suspects that the User is not in compliance with these Terms and Conditions, any Additional Terms, or any Home Services Agreement.

  1. HandyBee Content and Ownership

All content, code, software and any other materials that are part of the HandyBee Services other than any User Content you may provide in connection with using the HandyBee Services (collectively, the “HandyBee Content”) is the property of HandyBee, its licensors or content providers, or other third parties. You may access and use the HandyBee Services and HandyBee Content without modification and only so long as you comply with these Terms and Conditions and any applicable Additional Terms.

HandyBee Content is protected under the copyright laws of Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the HandyBee Services are owned by HandyBee or its licensors or content providers, or other third parties to the full extent permitted under the Canadian Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by the content of the HandyBee Services, by an authorized person in writing, or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the HandyBee Content.

  1. User Content

Certain components of the HandyBee Services may enable you to send, transmit, display, access or otherwise use User Content in connection with the HandyBee Services. You remain fully responsible for your User Content in connection with the HandyBee Services and may only use User Content that is original to you and that you have the right to use. In addition to complying with Sections 6 and 7, you agree not to use User Content that:

  • Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
  • Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit (including, without limitation, that is false or misleading regarding any “material connection” to HandyBee or any Provider);
  • Violates any person or entity’s right to privacy or publicity;
  • Contains advertising or a solicitation of any kind, except as expressly authorized by the HandyBee Services;
  • Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  • Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
  • Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
  • Sends, causes or permits to be sent unauthorized commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;
  • Violates any applicable law or advocates illegal activity.

By using User Content in connection with the HandyBee Services, you grant HandyBee an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to transmit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise use such User Content throughout the world in any media. You hereby waive any moral rights you may have in your User Content in favour of HandyBee and its sublicensees. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your User Content, and, in the case of Minors, also from their parents or legal guardians, as appropriate.

  1. Disclaimers

You are solely responsible for your actions, decisions and, except as expressly set out herein, whatever may result from your use or misuse of the HandyBee Services. You acknowledge, agree and understand that you assume any and all risks in connection with your use of the HandyBee Services and that no results are guaranteed from the use of the HandyBee Services by HandyBee, its agents, representatives, contractors, licensees, and any other person or entity involved in the organization, administration, preparation or execution of the HandyBee Services, and each of their respective owners, officers, directors, shareholders, employees, successors, transferees, assignees, and licensees (collectively, the “HandyBee Parties”), subject only to the Service Guarantee.

Without limiting the generality of the foregoing, you acknowledge and agree that (subject only to the Service Guarantee):

  • No Responsibility – HandyBee is not a Provider and does not perform Home Services as part of the HandyBee Services. HandyBee is not responsible for and has no control over the performance of any Provider or the provision of any Home Services related directly or indirectly to the HandyBee Services. Any Home Services Agreement is between a Provider and a User directly, and not HandyBee. HandyBee is not involved in the actual contact, interactions, actions and performance of Home Services between Users and Providers. HandyBee is not liable in any manner for any User Content, Provider content or other third party content available or accessible through the HandyBee Services. HandyBee does not monitor, control and is not responsible for any content, actions or information of any User, Provider or other third party that may be encountered through the HandyBee Services.
  • No Other Guarantee – Except as expressly set out herein and in the Service Guarantee Terms in respect of the Service Guarantee, HandyBee makes no guarantee regarding the provision of Home Services or regarding the acceptance, availability, workmanship, timeliness, integrity, ability or skill of Providers or the Home Services. HandyBee does not guarantee that Providers hold any qualification, certification, licence, schooling, training, or insurance required to provide Home Services. THE HANDYBEE PARTIES DO NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES REGARDING ANY PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR WORKER’S COMPENSATION PROTECTION RELATED TO HOME SERVICES. BY USING THE HANDYBEE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY GUARANTEE, WARRANTY AND/OR OTHER CONFIRMATION OF A PROVIDER’S CERTIFICATION, LICENCE, INSURANCE OR ANY OTHER QUALIFICATION TO PROVIDE HOME SERVICES IS SOLELY YOUR RESPONSIBILITY AND/OR THE RESPONSIBILITY OF THE APPLICABLE PROVIDER.
  • Availability of Services – HandyBee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failure, theft or destruction or unauthorized access to, or alteration of, User Content or other content available or accessible through the HandyBee Services. HandyBee is not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet, the Website or at any other website, or combination thereof. HandyBee cannot guarantee that your access to the HandyBee Services will not be suspended or restricted from time to time, including without limitation to allow for repairs, maintenance or updates. To the maximum extent permitted by law, you agree that the HandyBee Parties will be not be liable to you for damages or for any other loss, should the HandyBee Services become unavailable or access to the HandyBee Services become slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, general network failures or delays, or any other cause which may from time to time make the HandyBee Services inaccessible to you.
  • Information, Security and Access – The HandyBee Parties make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information provided through the HandyBee Services. You acknowledge and agree that the information provided through the HandyBee Services may contain inaccuracies or errors and the HandyBee Parties are not liable for any such inaccuracies or errors to the maximum extent permitted by law. Due to the nature of the Internet, HandyBee cannot completely ensure or warrant the security of the HandyBee Services or the contributions or information transmitted on or through the HandyBee Services. Your participation in, and submissions you make through, the HandyBee Services is done entirely at your own risk. The HandyBee Parties make no assurances about the HandyBee Services’s ability to prevent any such loss or damage to you or to any other person, company or entity arising out of access to, or use of, the HandyBee Services.

By using the HandyBee Services, you represent and warrant to the HandyBee Parties that you have fully evaluated the HandyBee Services disclaimers and limitations set out in these Terms and Conditions (including without limitation, as set out in paragraphs (i)-(iv) above), and voluntarily and solely choose to use the HandyBee Services and to assume any and all associated risks.

  1. Limitation of Liability

THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.

Subject only to the Service Guarantee, to the maximum extent permitted pursuant to applicable law:

  • The HandyBee Parties do not assume liability for any Providers, including any owner, director, officer, shareholder, staff, agent, joint venture partner, contractor, vendor or affiliate of a Provider, or other party acting on behalf of or in connection to a Provider or otherwise engaged in rendering Home Services;
  • The HandyBee Parties will not be held responsible or liable in any way for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental condition or issue, or otherwise, due to any act or default of anyone, whether online or offline, including without limitation any HandyBee Parties, any Provider or any User;
  • The HandyBee Parties will not be held responsible or liable in any way for any illegal, offensive, damaging or otherwise harmful conduct of any User or Provider, including you; and,
  • In the event that you have a dispute with one or more Providers, you hereby agree to fully release and hold harmless the HandyBee Parties from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect arising out of or in any way connected with such dispute.

Under no circumstances, including without limitation negligence, will the HandyBee Parties be liable for damages or losses, including without limitation direct, incidental, consequential, exemplary, indirect, special, or punitive damages or lost profits incurred by you or others arising out of or otherwise connected with these Terms and Conditions, the Additional Terms, any Home Services, any Provider or User, or your access, use, misuse, or inability to use the HandyBee Services, however caused, whether direct or indirect, and whether in contract, tort, negligence, strict liability, or otherwise, even if HandyBee has been advised of the possibility of such damages or losses (including, without limitation, damages or losses caused or in connection with any property loss or damage of any nature whatsoever, accidents, negligence, delays, personal injuries, harm (including without limitation, physical, mental, emotional, or spiritual injury or harm), death, misapplication of information, use of or reliance on information, personal or business interruptions, physical or mental condition or issue, loss of income or revenue, loss of business, loss of profits or contracts, the cost of procurement of substitute goods or services, anticipated savings, loss of data, loss of goodwill, wasted time, failure of performance, error, omission, interruption, defect, delay in operation or transmission, or other technological issue, and for any other loss or damage of any kind, however caused even if foreseeable) and you hereby release the HandyBee Parties from any and all claims and any liability related thereto, whether direct or indirect.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE HANDYBEE PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE HANDYBEE SERVICES DURING THE CALENDAR YEAR IN WHICH SUCH CAUSE AROSE. YOU ACKNOWLEDGE THAT THE HANDYBEE SERVICES ARE FREE FOR USERS, SUBJECT ONLY TO SERVICES FEES (DEFINED ABOVE) AS APPLICABLE. YOU ACKNOWLEDGE THAT IF NO SUCH SERVICES FEES ARE PAID BY YOU, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE HANDYBEE PARTIES, REGARDLESS OF THE CAUSE OF ACTION. YOU FURTHER ACKNOWLEDGE THAT ANY GUARANTEE PROVIDED UNDER THE HANDYBEE SERVICE GUARANTEE IS IN HANDYBEE’S SOLE DISCRETION AS IS INTENDED TO INCREASE THE USER EXPERIENCE AND IS IN NO WAY AN ACCEPTANCE OR ADMISSION OF ANY LIABILITY. THE HANDYBEE PARTIES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE HANDYBEE SERVICES OR THE HOME SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HANDYBEE’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Indemnification

You agree at all times to defend, indemnify and hold harmless the HandyBee Parties from and against any and all demands, claims, causes of action, damages, liabilities, costs, expenses, judgments, fines, interest, penalties, losses, and harms, including without limitation legal fees, fees of other professional advisers, and expenses that: (i) arise out of or are related to your participation in, use or misuse of the HandyBee Services or the Home Services; (ii) assert your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions, the Additional Terms, any other agreement with the HandyBee Parties, or any Home Services Agreement; (iii) arise out of or are related to your failure to comply with any applicable laws or regulations in connection with the HandyBee Services or Home Services, or your negligence, willful misconduct, or violations of the property, intellectual property, privacy or any other rights of any person in connection with the HandyBee Services or Home Services; or (iv) arise out of or relate to your conduct in connection with the HandyBee Services, Home Services, or with other Users of the HandyBee Services or Providers. The HandyBee Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the HandyBee Parties in connection therewith. These obligations will survive any termination of these Terms and Conditions and/or Additional Terms.

  1. Disclaimer of Warranties

THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.

THE HANDYBEE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE HANDYBEE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, GOODS, OR HANDYBEE SERVICES APPEARING OR OFFERED ON THE WEBSITE OR WITH RESPECT TO ANY WEBSITES OR HOME SERVICES LINKED TO OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE HANDYBEE SERVICES. THE HANDYBEE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HANDYBEE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE HANDYBEE SERVICES OR OTHERWISE BY HANDYBEE. FURTHER, THERE IS NO WARRANTY THAT THE HANDYBEE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. HANDYBEE MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE HANDYBEE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE HANDYBEE SERVICES WILL BE TIMELY, SECURE, ACCURATE, ERRORFREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. HANDYBEE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE HANDYBEE SERVICES OR MAKE ANY WARRANTY AS TO THE QUALITY OF ANY HANDYBEE SERVICES, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDYBEE SERVICES, OR ANY HOME SERVICES. HANDYBEE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR HANDYBEE CONTENT, AND IN CONNECTION WITH ANY RESULTS OF THE USE OF THE HANDYBEE SERVICES (INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH ANY HOME SERVICES).

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM  EXTENT PERMITTED BY APPLICABLE LAW.

  1. Dispute Resolution

For any and all disputes arising out of or connected with the HandyBee Services, you agree to first contact HandyBee, using the HandyBee contact information set out in section 20 below, and attempt in good faith to resolve the dispute informally. You agree that if the dispute is not resolved by such informal resolution within a reasonable time (except where prohibited by applicable law): (a) you will resolve the dispute individually and exclusively by final and binding arbitration, as set out below; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred by you during the calendar year in which the cause of action arose, but in no event legal fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive any and all rights to claim or seek recovery of punitive, incidental and/or consequential damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.

Except where prohibited by applicable law, by using the HandyBee Services, you agree that any and all disputes arising out of or connected with the HandyBee Services that are not resolved by informal resolution as set out above shall be resolved individually, without resort to any form of class or representative action, and exclusively by binding arbitration. The arbitration shall be commenced and conducted before the Canadian Arbitration Association, pursuant to the general Canadian Arbitration Association Rules for Arbitration. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. Any such dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

By accessing and/or using the HandyBee Services in any manner, you agree to the above arbitration agreement, to the maximum extent permitted by applicable law. In doing so, you give up the right to go to court to assert or defend any claims between you and the HandyBee Parties, and you also give up your right to participate in a class action or other class proceeding.

You agree that regardless of any statue or law to the contrary, any dispute or other claim in connection with these Terms and Conditions must be brought within one (1) year after the applicable cause of action or claim arose or be forever barred.

Without limiting any of the foregoing, in the event of a dispute between the HandyBee Parties and you, you agree to not engage in any conduct or communications, including on social media, designed to disparage the HandyBee Parties, the HandyBee Services, the Home Services, or any Providers, owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated or connected with HandyBee.

  1. Governing Law

For residents of Canada (excluding Quebec) – These Terms and Conditions and Additional Terms (unless otherwise specifically stated within any Additional Terms) are governed by the laws of Canada and the Province of Ontario, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, by using the HandyBee Services, you waive any claims that may arise under the laws of other provinces, territories, countries or jurisdictions. As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to the HandyBee Services, and any related matters.

For residents of Quebec, Canada – These Terms and Conditions and Additional Terms (unless otherwise specifically stated within any Additional Terms, to the maximum extent permitted by law) are governed by the laws of Canada and the Province of Quebec, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, by using the HandyBee Services, you waive any claims that may arise under the laws of other provinces, territories, countries or jurisdictions As applicable, you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to the HandyBee Services, and any related matters.

  1. Integration, Severability and Waiver

These Terms and Conditions, the Additional Terms and all other legal notices, statements or terms and conditions posted or made available to you on the HandyBee Services constitute the entire agreement between HandyBee and you. In the event any provision of these Terms and Conditions or any Additional Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms and Conditions, the Additional Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms and Conditions, the Additional Terms or to act with respect to similar breaches.

  1. Termination

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the HandyBee Services, in whole or in part, with or without prior notice at any time. We may also restrict, suspend, or terminate the HandyBee Services, in whole or in part, with or without prior notice at any time. Upon termination, you must cease all use of the HandyBee Services, including any of the HandyBee Content. Any provision of these Terms and Conditions which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of the Terms and Conditions, will survive expiration or termination of the Terms and Conditions for any reason.  HandyBee also reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions and/or Additional Terms.

  1. Amendment

All or any portion of these Terms and Conditions may be amended from time to time, at HandyBee’s sole and absolute discretion, with or without notice at HandyBee’s sole and absolute discretion. Your continued access to or use of the HandyBee Services after any amendments to these Terms and Conditions are published or otherwise come into effect will signify your acceptance of such amendments. HandyBee is not responsible for any error in information, copy, images or other content relating to the HandyBee Services or any other products offered via the HandyBee Services. Errors will be corrected when discovered and HandyBee reserves the right to revoke any stated offer, as applicable, and to correct any error, inaccuracy, or omission.

  1. Contact Information

Please direct any questions, complaints, or comments related to the HandyBee Services to: handybees@handybee.ca.