Minivillage Terms of Use / User Agreement

Last updated: May 19th 2021.
These terms of use (“Terms of Use”) cover your use of our website, www.minivillage.ca ("Website"), our mobile applications (the "App"), and our services (collectively the "Minivillage Platform"). Please read them carefully before you start to use the Minivillage Platform, as they apply to your use of the Minivillage Platform.

By using the Minivillage Platform, you confirm that you accept these Terms of Use, including the terms of our Privacy Policy, and that you agree to comply with them. If there is anything you do not agree with, please do not use the Minivillage Platform. If there is anything you do not understand, please contact us at support@minivillage.ca. These Terms of Use include:

Your agreement that the Minivillage Platform is provided "as is" and without warranty; Your agreement to certain restrictions on our liability to you; Your agreement to how we may amend these Terms of Use from time to time; Your agreement to our collection, storage and use of your personal data in accordance with our Privacy Policy which you can access on www.minivillage.ca.

1. Introduction

a) The Minivillage Platform is provided by Minivillage, a company incorporated in Vancouver, Canada ("Minivillage", "we" or "us") to you, as a user of the Minivillage Platform.

b) We have set the terms under which we are providing you with access to the Minivillage Platform and any services we offer from the Minivillage Platform, including our provision of a centralized booking point for selected third-party service providers (the "Providers").

These include the terms and conditions that govern:

i) Your rights to use the Minivillage Platform (these "Terms of Use"); and

ii) How we will use and protect information about you (our "Privacy Policy"). 

Together or individually these may be referred to as our "Terms and Policies".

a) These Terms and Policies do not cover the terms on which we engage our Providers. If you are a Provider, please check the Provider agreement provided to you upon signing up with us. If you would like to apply to become a Provider, please click on www.minivillage.ca.

b) If you enter any prize competitions or other promotions on the Minivillage Platform, separate terms may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, the additional terms will prevail to the extent of the conflict.

c) We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Minivillage Platform. You should check these Terms and Policies regularly to ensure that you agree to any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on the Minivillage Platform homepage, and you continue to access or use the Minivillage Platform.

2. Access to the Minivillage Platform

a) Access to the Minivillage Platform is permitted on a temporary basis. We reserve the right to withdraw or amend the Minivillage Platform (and any services offered on it) without notice to you. We reserve the right to withdraw, vary or suspend the Minivillage Platform (or any part of it) at any time without notice. We will not be liable if for any reason the Minivillage Platform or any part of it is unavailable at any time or for any period.

b) You are responsible for making all arrangements necessary to access and view the Minivillage Platform, and you should ensure that you have up to date anti-virus software on any device from which you access the Minivillage Platform. You are also responsible for ensuring that all persons accessing the Minivillage Platform through your internet connection are aware of these Terms of Use.

c) Materials and information posted on the Minivillage Platform are not intended as advice, including legal advice, and should not be relied upon as such. To the fullest extent permitted by law, we shall not be responsible or liable if you place any reliance on such information.

d) You must not:
(i) Use the Minivillage Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent;
(ii) Advertise or offer to sell any goods or services for any commercial purpose, or solicit employment or contract work which is not relevant to the services offered through the Minivillage Platform;
(iii) Solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Minivillage Platform without express written permission from us;
(iv) Introduce viruses, Trojans, worms, logic bombs, time bombs, keystroke loggers, spyware/adware or any other programme or code which adversely affects (or is intended to adversely affect) the operation of any computer software or hardware;
(v) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Minivillage Platform, its servers or any connected networks or attempt to do any of the foregoing;
(vi) Gain, or attempt to gain, unauthorised access to the server on which the Minivillage Platform is stored, or any server, computer or database connected with the Minivillage Platform; or
(vii) Attack the Minivillage Platform via a denial-of-service attack or a distributed denial-of-service attack.

e) If you breach these Terms of Use, your right to use the Minivillage Platform will cease immediately.

3. Your Account

a) Some functionality of the Minivillage Platform may require a Minivillage registered account ("Account") to access. If you are aged 18 or over, you may register to create an Account, which will require you to provide certain personal data, which must be true, accurate, current and complete, and will be held and used in accordance with any consent obtained from you and the terms of our Privacy Policy. Access to your Account will be controlled with a unique username and password. You are responsible for keeping your Account password confidential and secure against unauthorised use, and for all activity that occurs using that Account.

b) We reserve the right to refuse to grant you an Account, or to cancel your Account, at any time, including if in our reasonable opinion, you have failed to comply with any provision of our Terms and Policies.

c) If you know or suspect that anyone other than you knows how to access your Account, you must change your Account password and contact us immediately through the Minivillage support team: support@minivillage.ca.

d) Your privacy is important to us. Please see our Privacy Policy on www.minivillage.ca for details of how we will process your personal data, where it is provided to us, and how we will use cookies.

e) By providing your phone number and using the Minivillage Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Provider Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Minivillage Platform. You agree to Minivillage’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by Minivillage. During this process, Minivillage and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Minivillage’s use and disclosure of this call data for its legitimate business purposes.

4. Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

5. Payments

We accept the following payment methods on our Website:

- Credit Card;

- Debit; and

- Stripe.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms of Use, we reserve the right to cancel or reverse your transaction.

6. Submission Areas

The Minivillage Platform has some areas where you may communicate with other users of the Minivillage Platform and with Minivillage, such as blogs, groups, stories, chat, forums, message boards, opportunities to provide ratings and reviews and/or other message or communication facilities. Any material which is posted to the Minivillage Platform ("User Content") through your Account will be attributed to you, and you are personally responsible for it. Some areas within the Minivillage Platform will be public and Minivillage will not be responsible for any information or materials posted in such public areas. Minivillage may, in its discretion, publicly post submissions you submit to a non-public area of the Minivillage Platform.

a) We reserve the right to refuse to publish any User Content, or to remove or suspend access to such User Content if it does not comply with these Terms of Use, including the Acceptable Content warranty below. We will not be responsible for any loss or damages arising from our decision to exercise our rights under this clause.

b) Views and opinions expressed in any User Content are those of the individual submitting that content. They are not our views and opinions and we do not accept responsibility for them. However, if you find any User Content on the Minivillage Platform that you consider is in breach of the Acceptable Content warranty below, please notify us by emailing support@minivillage.ca using the subject heading "Unacceptable Content", setting out details of the User Content and where it can be found. We will endeavour to investigate promptly.

c) If you do not comply with the Acceptable Content warranty, or if any of your User Content causes us concern, we reserve the right to pass on that User Content to the relevant authorities. If a third party claims that your User Content infringes their rights, we reserve the right to disclose your identity to that third party (or their legal counsel).

d) You hereby grant to us the non-exclusive, irrevocable, transferrable and sub-licensable, royalty-free permission to use, reproduce and publish your User Content (including the right to alter, adapt, amend or change your User Content) in any media or format anywhere in perpetuity and without restriction.

7. Acceptable Content

You represent and warrant that your User Content:

a) does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

b) is not threatening, abusive or intimidating, or provided with an intent to harass any other person;

c) does not infringe anyone else's rights, including any intellectual property rights or right of confidentiality or privacy; in particular, User should not submit content which is protected by copyright, trade mark, patent, trade secret, moral right, or any other proprietary right without the express consent of the owner of the respective right;

d) complies with all applicable laws;

e) does not contain any material which is defamatory, invades the privacy of any person, is obscene, offensive, or hate speech;

f) does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;

g) is accurate and representative of your genuinely-held opinion where it states opinions – for example, in reviews;

h) does not misrepresent your identity or affiliation with any person, or falsely gives the impression that such content comes from someone else;

i) does not contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement, commercial or otherwise;

j) does not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and

k) does not feature any individual who has not expressly consented to his or her image and/or voice being featured on the Minivillage Platform, nor any individual under the age of 18 without the consent of that individual's parent or guardian;

and you agree that you are responsible for any loss or damage we may suffer as a result of your breach of this warranty.

8. Intellectual Property

a) You may access, view and print out the Minivillage Platform (excluding any User Content that does not belong to you) ("Minivillage Platform Content") in accordance with our Terms and Policies for your own personal, non-commercial use. You may only print out or quote from the Minivillage Platform Content on the condition that you give us appropriate acknowledgement.

b) Nothing in the above permission impairs or restricts any author's moral rights in respect of any Minivillage Platform Content.

c) We expressly reserve all intellectual property rights in and to the Minivillage Platform and the Minivillage Platform Content, including in and to the Minivillage Platform domain name and all related domains and sub-domains, the name "Minivillage", our logo device, service marks, trading names and/or trade marks. Other trade marks and product/company names mentioned on the Minivillage Platform may be trade marks of their respective owners or licensors and the rights in such marks are reserved to them.

d) You must not:
(i) Remove any copyright or other proprietary notices contained in the Minivillage Platform Content;
(ii) Use any Minivillage Platform Content in any manner that may infringe any copyright, intellectual property right or other proprietary right of us or any third parties;
(iii) Use, or cause others to use, any automated system or software to extract Minivillage Platform Content (so-called "screen scraping"), except in cases where you and any applicable third party has entered into a written agreement with us that expressly permits that activity; and/or
(iv) Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Minivillage Platform and/or the Minivillage Platform Content for any commercial purpose, without our prior written consent by way of a written licence agreement.

9. Linking

a) You may link to any page of the Minivillage Platform, for non-commercial purposes and provided that:
(i) you do so in a way that is fair and legal and which does not damage or take unfair advantage of our reputation;
(ii) any link does not contain or associate the Minivillage Platform with any pornographic or illegal material, or any material that is offensive, harassing, or otherwise objectionable;
(iii) you do not do so in a way that suggests any form of association, approval or endorsement on our part where none exists; and/or
(iv) you do not do so in a way that removes or obscures by framing or otherwise advertisements or copyright or other proprietary notices contained in the Minivillage Platform,

b) We reserve the right to withdraw linking permission at any time without notice. If you would like to link to the Minivillage Platform for commercial purposes, or otherwise than provided above, please contact us at support@minivillage.ca.

c) The Minivillage Platform may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable for the content, accuracy or opinions expressed in such websites or the standard of goods and/or services available through or on such websites. Unless expressly stated otherwise, links do not mean that we are, or the Minivillage Platform is, affiliated or associated with such third-party sites.

d) Our communications with you may contain information sourced from third-party websites. We may also provide a link to the source website of such information. We do not accept responsibility or liability for any material supplied by or contained on any third-party website which is linked from our communications with you, or any use of personal data by such a third party. Your access of any linked third-party website is at your own risk, and our Terms and Policies will not apply to your browsing or interaction on any third-party site, so we recommend that you read that third-party website's terms and policies before proceeding.

10. The App / Mobile Devices

a) The Minivillage Platform may allow you to access our services, download our Apps, upload content to the Minivillage Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

b) You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

c) Minivillage is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Minivillage reserves the right to terminate the use of the App or any other aspect of the Minivillage Platform should you be using the App or the Minivillage Platform with an incompatible or unauthorized device.

11. Fees and Payment Processing for Providers

a) Access, use and/or download of the Services and certain of its features, tools and/or activities may require payment of a fee (“Service Fees”). Service Fees are non-refundable.

b) We use third party payment processors, such as Stripe, in order to facilitate user payments (the “Payment Processor”). We disclaim any and all liability that may result from your use of the Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or their actions. Your activity on the Payment Processor’s sites or applications is governed by such Payment Processors terms and conditions. Any claim and dispute you may have in connection with such fees must be solely directed to such applicable third-party marketplace, and you hereby release Minivillage, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.

c) To protect Minivillage from risk of liability for your actions as a Provider, Minivillage may at times recommend that the Payment Processor restrict access to funds in your Payment Processor account based on certain factors, including, but not limited to, trading history, performance, returns, riskiness of the service category or transaction value. This may result in the Payment Processor restricting funds in your Payment Processor account.

12. Rewards

a) Minivillage may award you points (“Points, or, MiniCoins”) based on your activity using the Services. The criteria for awarding Points, the number of Points awarded and the value of such Points is subject to change from time to time in Minivillage’s sole discretion and without notice to you.

b) Points have no cash, monetary or other value and cannot be converted into any currency. Points are non-transferrable. Points carry no entitlement whatsoever, whether to any product, service or right of any kind. Points are used only for reference by Minivillage to determine activity levels of its users, and to make awards of gifts to users in its sole discretion.

c) Any good, service or right delivered to you by Minivillage in exchange for Points (each, a “Gift”) is provided “as is” and “as available” and without any warranties or guarantees of any kind whatsoever. Minivillage reserves the right to determine and prescribe from time to time and without notice the conditions applicable to redeeming Points for Gifts. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any Gift, or for your Gifts not turning out as you expected for whatever reason.

13. Our Liability

a) Nothing in our Terms and Policies shall affect your statutory rights, or exclude or limit our liability for death or personal injury arising through our negligence, fraudulent misrepresentation and/or anything else which cannot be excluded or limited by us under Canadian law.

b) We will not be liable under these Terms of Use for:
(i) Any loss or damage caused by us where there is no breach of a legal duty of care owed to you by us or by any of our employees, and such loss or damage is not a reasonably foreseeable result of any such breach;
(ii) Indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or opportunity); and/or
(iii) Any increase in loss or damage resulting from breach by you of any of these Terms of Use.

c) To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Minivillage Platform. In particular, we do not represent or warrant that:
(i) The Minivillage Platform Content is accurate or complete;
(ii) The Minivillage Platform will be error-free, virus-free or free from other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer hardware, software, data or other proprietary material due to your use of the Minivillage Platform.

The Minivillage Platform is provided "as is", and we do not accept responsibility for any failure to maintain the Minivillage Platform, including without limitation any inaccuracies or typographical errors.

14. Indemnity

a) You agree to defend, indemnify, and hold harmless Minivillage and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal and accounting fees, arising from or in any way relating to your breach of these Terms of Use. This indemnification obligation will indefinitely survive termination of these Terms of Use.

15. Applicable Law

a) These Terms of Use are governed by Canadian law.

b) We will try and solve any disagreements arising from or related to a visit to the Minivillage Platform quickly and efficiently in accordance with these Terms of Use.

16. Dispute Resolution

Subject to any exceptions specified in these Terms of Use, if any disagreements arising from or related to a visit to the Minivillage Platform are not resolved through informal discussion, then you agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Minivillage.

Notwithstanding any other provision in these Terms of Use, you agree that both you and us retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

17. Severability

If at any time any of the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Use. All other provisions will not be affected by the removal and the rest of these Terms of Use will still be considered valid.

18. Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Use will not limit your legal rights and remedies under that legislation. These Terms of Use will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Use and that legislation, the mandatory provisions of the legislation will apply.

19. Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

support@minivillage.ca
268 Keefer St Unit 421, Vancouver, BC V6A 1X5