Last revised: June 26th, 2018

iF YOU ARE FROM THE UNITED STATES, PLEASE CLICK HERE.

The Terms of Use, (hereinafter the “Terms”), governs all Software, Applications, and any other Services that link to, or contain reference’s to, this document and are published or made available by DiEM Technologies Inc., its parent, subsidiaries and affiliates, (“DiEM”, “We”, “Us”, or “Our”).  All policies, the Mobile Device Terms, and the Privacy Policy are incorporated into these Terms of Use. By using this application/software, you agree to comply with all of the Terms of Use, when accessing or using our Services.  If you do not, or cannot agree to be bound by the Terms of Use herein, you cannot use this Application.

DiEM is provided to you by DiEM Technologies Inc., ___________________

In addition to reviewing the Terms, please review our Privacy Policy, and any other terms and conditions we may have posted in the Application or otherwise communicated to our Users.

These Terms may be modified from time to time, so we recommend that you check back often; in order for you to be aware of any revisions.  We will adjust the “Last Revised”, date at the beginning of this document. In the event we make a significant change to your rights and obligations hereunder, we shall also post in the Application a prominent notice that a revision was applied.  Continued access by you will constitute your acceptance of any changes or revisions to this Agreement herein.

USER ACCOUNT

In order to access and use some or a portion of the Services we provide, you may be required to register with us and set up a user account with your email address and a password.  You are solely responsible for maintaining the confidentiality of your account and password. You are solely responsible for all activities that occur under your account. We therefore recommend that you protect your account credentials and do not make your account details available for guests or other Users.  You may not sub-license, transfer, sell, rent or assign your registration information to any Third Party, without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

Should you have reason to believe that your account/profile is no longer secure, (i.e. in the event of a loss, theft or unauthorized disclosure or use of your registration information), you are responsible for promptly changing the affected registration information in your User account settings, if available, and/or closing the account/profile.  If no such mechanism or contact information is available on the Service, please immediately notify us at: admin@diemtheapp.com

Personal Use Only

Access to our Application and Services is provided for personal, non-commercial use only. You are not permitted to post a Job Offer on behalf of a business without the explicit, written consent of DiEM. The use of a commercial User Account may be governed by additional Terms.

Misusing DiEM Services

You agree not to misuse our services by the following actions, (but is not limited to):

• Be false or misleading;

• Infringe on any Third Party rights;

• Administer or post any spam, chain letters, or pyramid schemes;

• Circulate any viruses or any other technologies that may harm DiEM or the property of DiEM Users;

• Interfere with the proper working of DiEM;

• Administer, copy, or modify any other person’s content;

• Use any robot, spider, scraper or other automated means to access DiEM and collect content for any malicious or illegal purpose;

• Harvest or collect information about others, including any and all personal information; and

• Administer any and all bypass measures used to prevent or restrict access to DiEM.

Requestor Terms when posting a Job Offer

You must be at least 18 years old to post a Job Offer.  Any Job Offer that does not comply with our Terms of Use may be removed from our Application. Additionally, Users who violate our Terms of Use may be blocked from using our Services in the future.  We may, at any time, remove a Job Offer if we believe it violates our Privacy Policy and/or the Terms herein. You will post in the appropriate job category and will not do any of the following prohibited actions, (but is not limited to):

• Post a job that violates any federal, provincial, or municipal law;

• Post a job that is not located in Ontario, Canada;

• Post any multi-level marketing or other prohibited job;

• Post a job in languages other than English;

• Post a job that contains adult, mature or erotic content;

• Post a job that defames anyone or contains “hate speech”;

• Post a job that is incorrect or with misleading information;

• Post a job that contains violence or physical abuse;

• Post a job that contains adult, sexual content, or sexual activities; and

• Post a job that involves the use or distribution of narcotics, alcohol, prescription drugs – legal or illegal.

DiEM may remove, modify or delete User Job Offers, which appear to breach these Terms, or which appear to infringe on the intellectual property rights of others, or for any other reason.  We may do this on our own initiative, or pursuant to a Court Order, lawful request, or demand.

When you submit User Content to our Application, you retain ownership of copyright and other intellectual property rights in that content; however, you grant DiEM a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sub-licensable license to use, modify, reproduce, make available, and redistribute it in any form, format or media now known or late developed, without any requirement for attribution or compensation to you. You agree that access to our Application and Services is sufficient consideration for the license you grant to us. You waive any right you may have to take action against us, our subsidiaries, affiliates, or sub-licensees for infringement of any intellectual property or moral rights you may have in any User Content. By submitting any User Content, you represent and warrant that you own or have licensed all relevant rights in that content, including intellectual property and personality rights, and that our use of your submissions will not infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any Third Party.

Requestor Terms when accepting a Job Offer

You agree to the following Terms upon accepting a Job Offer:

• You give DiEM consent to immediately charge your financial institution, (i.e. credit card, debit card), for the job acceptance amount, administration fees, and any other applicable amounts, such as HST;

• You agree that you may cancel the Job, within 10-minutes of the Jobber having accepted the Job Offer without penalty.  In the event you decide to cancel the Job after the 10-minute cancelation period has lapsed, you will face a monetary penalty – proportional to the Job Offer acceptance amount;

• If the Job Offer is accepted by the Jobber and is scheduled for a future date, you may cancel that Job acceptance 24-hours before the start time of said Job, for a full refund.  Any request for a refund after the 24-hour period has lapsed, you may be entitled to a partial refund;

• You agree to allow the Jobber to complete the job, as described in the Job Offer, once the Jobber arrives on the jobsite;

• You agree that DiEM is not liable for any theft, damages, injuries or loss of life that may be directly or indirectly caused by the Jobber;

• You agree to confirm within the App once the job is completed; and

• You agree that if you have not confirmed within the App that the Job has been completed, and a 48-hour period has lapsed from the start and end time of the Job Acceptance, you give consent that we may process and administer payment for said Job without further confirmation from you.

You will be able to make a dispute through our Services for a refund, (partial or full amount), should you feel that the Jobber did not complete his or her duties to satisfactory standards, or within the agreeable time frame. You are responsible to provide evidence that the job was not completed within the terms of the Job Offer.

Jobber Terms when replying to a Job Offer

Replying to a Job Offer is fun, but keep in mind that each offer you make is a binding contract to fulfil the requirements of the Job Post.  We suggest that you offer the amount that you’re willing to complete the Job Post for. How it works:

• Carefully review the Job Post;

• Click the “Place Offer” option.  You will have to be a registered user in order to execute this option.

• Enter the amount your willing to offer for the Job Post, and then click the “Continue” button;

• Review your offer, and then click the “Confirm Offer” button.

When the listing ends, you shall receive a communication indicating whether the Requestor has accepted your offer, and a follow up explanation of what to do next will be provided to you.  

Jobber Terms when a Job Offer is accepted

As a User of our Services, you agree to the following Terms upon acceptance of a Job Offer, (but is not limited to):

• You are the person listed in your profile, and will be present for the job;

• You are of minimum legal working age or older in your province or territory;

• You are eligible to legally work in Canada;

• You are fully competent to complete the task described in the Job Offer;

• You will be present on the job site, at the agreed upon time;

• You will complete the job to the best of your ability within the agreed upon terms;

• You agree not to attempt any work that you are not competent, skilled or knowledgeable within, and/or a job that possess an inherent risk to your health or others.

• You will be liable for any damages or injuries incurred, while conducting your job duties;

• You will take pictures before and after the job is completed;

• In compliance with Canada’s Code of Conduct for the Credit and Debit Card Industry; you permit payments by the Requestor to be made by either credit card or debit card sources.

• You will not be paid until the job is deemed complete by the Requestor; and

• You agree that DiEM may back charge you in the event a dispute or refund is incurred as a result of unsatisfactory work.

• You may file a dispute through our services if you feel that you indeed completed a job to the standards of the Job Offer.  You are responsible to provide evidence that the job was completed within the Terms of the Job Offer.

Terms for Jobber Cancelation or Retraction of an accepted Job Offer

As a general rule, the cancelation or retraction of an accepted Job Offer will depend on the circumstances and timing of the Job Acceptance.  You may cancel or retract an accepted Job Offer within the following circumstances:

• Prior to the Requestor accepting your offer – in the event you cancel or retract an accepted Job Offer after the Requestor has accepted your offer, you could face a “negative user rating”, on your profile and may be restricted from future use of our Services;

• You accidentally entered the wrong offer amount due to a typographical error – if this happens, you must re-enter the correct offer amount immediately.  Changing your mind does not qualify as accidentally entering a wrong offer amount; or

• The Job Post description changed significantly, after you entered your last offer amount. ​

What if I can’t retract an accepted Job Offer  

If you are unable to retract an accepted Job Offer, you may contact the Requestor to request that your offer be canceled. The decision to cancel an offer is the sole discretion of the Requestor.   

Please note that every offer is binding, unless the Job Post is prohibited by law or by our Terms. We carefully investigate all accepted Job Offer retractions to determine whether they are appropriate and conform to the rules for Jobbers. Abuse of an accepted Job Offer retraction may result in the suspension of your account.

Fees and Services

We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars (CAD), and we will notify you of changes to our fee policy by posting such amendments on our Application.  

Canadian taxes associated with our Services will be collected when applicable. You agree to provide us with accurate billing information necessary for us to comply with our obligations under applicable law.  

You are solely responsible to collect and remit any applicable taxes resulting from the execution of any job listed on DiEM.

Intellectual Property Infringements: You agree not to post any content that infringes the rights of Third Parties. This includes, (but is not limited to), content that infringes on intellectual property rights such as copyright and trademark content. We reserve the right to remove content that we believe is in violation of these Terms, our Policies or of any party’s rights.

Disclaimers and Limitations of Liability

We do our best to make sure that our Application and Services are available, functional, error free, and free of malicious code; that your privacy is respected and personal information and other data is secure from inadvertent disclosure or deletion; and that your experience using our Services is positive. Notwithstanding the foregoing, you agree that your use of our Software and Services is at your own risk. We make no guarantees or warranties of any kind. We provide our Services on an “As-Is” and “As-Available” basis. You agree that we cannot be held liable for any reason in connection with your use of, reliance upon, or inability to use our Services or any of its features or functionality. You also agree not to hold us responsible for payment processing of other service providers such as Paypal, (a Third Party Payment Processor). For greater certainty, you acknowledge and agree that by processing our fees through a Third Party Payment processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that Third Party’s services. 

You understand that we cannot be held responsible for User Content or for other content provided by Third Parties, including our service providers and advertisers. It is your responsibility to determine whether content made available through our Services is accurate or reliable. To the extent permissible by law, we disclaim all liability for the accuracy, reliability, unsuitability for any particular purpose, or noncompliance with any applicable law, or anything posted to, or linked from our Application or Service. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time, as a result of delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those quality, merchantability, merchantable quality, durability, fitness for particular purpose and those arising by statute. We are not liable for any loss, whether of money, (including profit), goodwill, or reputation, or any special indirect or consequential damages arising out of your use of DiEM, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.    

You agree and understand that you do not have any proprietary rights in our Software or your User Account, you have no right to uninterrupted access to the Application, and you have no right to the storage of or deletion of any content or data you submit to the Application. We may add, delete, limit, modify or disable Application features, content or functionality at any time. We may temporarily or permanently shut down, limit, suspend or discontinue the Application, your User Account, or your access to the Application at any time, for any reason, (including breach of the Terms herein), at our sole discretion, and without notice. While we do our best to provide uninterrupted access to the Application, it may at any time become permanently or temporarily unavailable for any reason, (including but not limited to), maintenance, or as a result of circumstances beyond our control, such as network or server outages, or incorrect configurations of the software, network, or mobile device you are using to access the Application or Service. We cannot be held liable for any outages or for the deletion of any data.

Indemnity

You hereby agree to indemnify, defend and hold harmless DiEM, and its affiliates, respective officers, directors, shareholders, consultants, service providers, agents and employees, (each an “Indemnified Party”), from any and all claims, liability, settlements, damages or costs incurred by any of the Indemnified Parties, arising from or relating to your use of the DiEM Services, any alleged violation, misuse of our Services, your violation of these Terms, or your infringement of any intellectual property or other right of DiEM or any person or entity.

Engaging with Third Parties

You acknowledge that any correspondence or business with any Third Party, including merchants, service providers, or advertisers found on, or through the Application are solely the responsibility of you and such parties. We are not responsible for any damages you may suffer by corresponding with or entering into transactions with any Third party, including the payment for or delivery of goods, and for any items, conditions, warranties, or representations associated with such dealings. You and the Third Party, not DiEM, are responsible for compliance with all laws applicable in any such transaction. You correspond and transact with these Third Parties at your own risk. You acknowledge and agree that DiEM cannot guarantee that the items listed through our Services are accurate, or that the person submitting or representing to such listings are not acting under false pretences.

No Endorsement of Third Party Services

Our Software may contain links to Third Party applications or services by parties other than DiEM. These links are for your convenience only and DiEM does not assume responsibility for the accuracy, reliability or appropriateness of these Third Party services. Any mention of any Third Party or its product or service in our Application is for informational purposes only and should not be construed as an express or implied endorsement of that party or its advice, opinions, information, products or services. Those Third Party services may be subject to terms and conditions imposed by the operator of those services. DiEM assumes no responsibility for, and disclaims all liability related to your use of any Third Party application or service.

Additional terms and conditions that apply

iOS – Apple

• These Terms of Use are an agreement between you and DiEM, and not with Apple. Apple is not responsible for the Application and the content thereof;

• DiEM grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service;

• Apple has no obligation to furnish any maintenance and support services with respect to the Application;

• Apple is not responsible for the investigation, defense, settlement, and discharge of any Third Party intellectual property infringement claim(s);

• Apple is not responsible for addressing any claims by you or any Third Party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable law or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and

• Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and, upon your acceptance, Apple as a Third Party beneficiary thereof will have the right to enforce these Terms of Use against you.

Confidentiality

You acknowledge and agree that the internet is not a secure means of communications. The Privacy, integrity and authenticity of any communication over the internet cannot be ensured. DiEM is not responsible for any damages you may suffer if you communicate confidential information over the internet or if we communicate such information to you or at your request.

Definitions FOR THE PURPOSE OF THIS AGREEMENT

“DiEM”, “We”, “Us”, or “Our” – means DiEM Technologies Inc., and its subsidiary, affiliated, and successor companies.

The “Application”, “Software”, or “Services” – means Diem’s Application, Software, or Service(s), provided to you by DiEM.

“Third Party” – means a separate service provider that we may have an agreement with to administer supplementary products and/or services to the Users of our Services.

“User”, “You”, “Requestor”, “Jobber” – refers to a natural person, one who has its own legal personality, which is an individual human being.

“Job Offer” – means an offer, which shall outline the details of service(s), the Requestor’s information, the location, start and end time, and the agreed upon monetary amount to complete the Job.

References to “posting” – refers to the act of submitting material or making anything available to or through the Application our Services or servers. This includes, (but is not limited to), submitting listings or other content, posting pictures, comments, and sending messages to other Users through the Application or Service.

General

By using our Services and/or accessing our Software you acknowledge and agree to the following:

• These Terms and other Policies posted by DiEM constitute the entire Agreement between us and you, superseding any prior agreement(s);

• You agree that this Agreement and Policies are provided to you in English. It is your responsibility to ensure you understand their Terms. Should we provide a translation of these Terms into any other language, that translation is for your convenience only, and the English version will govern your relationship with DiEM;

• You cannot transfer or assign your rights and obligations under this Agreement to any other person without our consent;

• You agree that we may communicate with you about our Application and Services through the email address and/or the telephone number you have provide to us;

• DiEM may freely assign its rights and obligations under these Terms in the event that it’s a party to a merger, acquisition, restructuring, sale of assets, or for any other reason;

• Should any provision of these Terms be declared by a Court of competent Jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed to be severable, and the remainder of these Terms shall remain valid and in full force and effect; and

• This Agreement, and all matters related to your use of our Application shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable herein, without regard to any conflicts of laws principles. Any dispute shall be heard at the Courts in Toronto, Ontario, Canada.

Agreement to Arbitrate Disputes

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABLITY OR INTERPRETATION OF THIS AGREEMENT, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE REVIEW OF ANY ARBITRATION AWARD IS LIMITED.

THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SOFTWARE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN, A COURT OF COMPETENT JURISDICTION IN TORONTO, ONTARIO, CANADA.

Notwithstanding anything to the contrary, you acknowledge and agree that DiEM may seek injunctive relief and any other equitable remedies from any Court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.