Terms of Use

Last Updated: 20-December-2025

Effective Date: November 1, 2025

These Terms and Conditions (the "Terms" or "Terms and Conditions") form a legal agreement between You and ONCALLABLE CORPORATION, operating as OnCallable (defined herein as "Company") that applies to Your use of the Service.

You should read carefully the entirety of these Terms and Conditions, as they govern Your use of the Service, including its content and functionality.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICE.

By accessing or using the Service, You agree to be bound by these Terms and Conditions and our Privacy Policy, found here https://oncallable.com/en-ca/policy/privacy ("Privacy Policy"), and the End User License Agreement found here https://oncallable.com/en-ca/policy/eula ("End User License Agreement"), which are incorporated herein by reference and form part of these Terms and Conditions.

These Terms and Conditions govern the Company's relationship with You with respect to Your use of the Service. By accessing and/or using the Service You acknowledge that You have read, understand and agree to comply with these Terms and Conditions as well as all laws applicable to the Service and Your use thereof. You agree that these Terms and Conditions shall be the equivalent of a written paper agreement between You and Company.

If You are accepting these Terms and Conditions on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its employees to these Terms and Conditions.

You agree that it is solely Your responsibility to ensure that Your access to and use of the Service complies with the laws of Your jurisdiction. We make no representation that the Service is appropriate or available for use outside Canada.

We reserve the right at any time and from time-to-time to modify, edit and update these Terms and Conditions and any of our policies. Your access to or use of the Service on and after the date on which we post the revised Terms and Conditions constitutes Your acceptance of the Terms and Conditions as revised as well as of any revised policies.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Service, including all related expenses, if any.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic Device, including any such program named OnCallable.
Application Store means the digital distribution service operated and developed by the owner thereof, such as Apple Inc. (Apple App Store) or Google Inc. (Google Play Store), from which You have downloaded the Application.
Affiliate means an entity that controls, is controlled by or is under common control with the Company, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (also referred to as "We", "Us" or "Our") refers to ONCALLABLE CORPORATION, 8980 Highway 12 West, Oro-Medonte, ON L3V0K1, Canada.
Customer (also referred to as "Client") refers to OnCallable users that assume the role of posting jobs and hiring Job Service Providers through the OnCallable Service.
Content refers to content such as text, images, or other information that is incorporated in or provided by the Service, including any that can be posted, uploaded, linked to or otherwise made available by You through the Service, in any form whatsoever.
Device means any device that can access the Service or to which any Service is downloaded, such as a computer, a cellphone or a digital tablet, or other devices.
Job refers to a service requested by a User and that can be scheduled for completion through the Service.
Job Listing refers to the published description of a Job provided by a User, which a Job Service Provider can view and submit a quote for through the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Job Service Provider (also referred to as "Job Service Professional" or "Service Professional" or informally within the OnCallable mobile application as "Pro") means the business seeking to perform Jobs for users through the Service, whether as a company or as an individual.
Website refers to the Company's website, accessible from https://oncallable.com/
You (also referred to as "User" or "Your") means the individual accessing, downloading or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Service Use

You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be responsible or liable in any way for any Service or any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Service or Content.

Prior to use of the Application You must create a unique account to access and use the Application, in accordance with the End User License Agreement. All use of the Application by You is subject to and shall be governed by the End User License Agreement, and You hereby agree to comply therewith.

Website Access and Use

We hereby grant You permission to use the Website as set forth in these Terms, provided that: (a) You use the Website in accordance with all applicable laws; and (b) Your use will otherwise comply with these Terms.

In addition to the other terms set out in these Terms, You agree that when using the Website You will not:

submit false or misleading information to the Website;
download, copy, or re-transmit any or all of the Website without, or in violation of, a written license or agreement with us;
use the Website in any manner that could disable, overburden, damage or impair the Service or interfere with any other party's use of the Service including their ability to engage in real time activities through the Service;
use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Website for any purpose including monitoring or copying any of the material on the Website, or use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, or use automated scripts to collect information or otherwise interact with the Website;
use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Website or the Internet;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Internet or the server on which the Website is hosted;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
attempt to interfere with the proper working of the Website, including but not limited to through hacking, ransoming, or other attacks upon the services provided by, and functions of, the Website;
use the Website to fraudulently misrepresent Yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any Ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect or harvest any personal or personally identifiable information from any user of the Service without that person's knowledge or consent;
distribute the content of the Website for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
post or transmit any content or submissions, about Yourself or another person or entity, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person's privacy or personal information, identify or make it easy to identify a child, or any child or other person's present or future location, that contain language that is otherwise deemed offensive by us, or that contains software viruses, corrupted data, cancelbots, commercial solicitations, or mass mailings or any form of "spam";
use the Website in any manner that promotes and/or enables illegal or unlawful activities;
permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or the rights of our licensors, or allow any third-party to access the content, including without limitation, intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
use the Website other than for its intended purpose, or in any manner not expressly permitted in these Terms;
remove any copyright, trademark, or other proprietary rights notice from the Website or any content thereof;
create a database by downloading and saving content from the Website;
delete or revise any content on the Website;
transmit, disclose, collect or store personal information about others;
attempt to defeat any security measures that we take to protect the Website;
violate any local, municipal, provincial, national, or other law or regulation, or any order of a court;
use our Website to transmit, distribute, post or submit any information concerning any other person or entity, without their permission, including without limitation, photographs, personal contact information, or credit, debit, calling card or account numbers;
"stalk" or harass any other user of our Service or collect or store any information about any other user other than for purposes of transacting with one another;
register for more than one user account or register for a user account on behalf of an individual other than Yourself; or
advocate, encourage, or assist any third-party in doing any of the foregoing.

The foregoing is merely a list of examples of prohibited conduct. We reserve the right to take appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all.

Unauthorized use, such as is set out above, is a material breach of these Terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You hereby represent and warrant to us that You will utilize the Service and any Content, Data or other information provided to You thereby in accordance with applicable laws, being those laws applicable to the Website and those laws that are applicable in accordance with the jurisdiction where You are located. The foregoing obligation includes, but is not limited to, compliance with privacy and data security laws.

Minors

Our Service is not intended for use by minors. We do not collect personally identifiable information from any person we actually know is a child.

AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE WEBSITE IN ACCORDANCE WITH THE TERMS; AND (4) ALL INFORMATION SUPPLIED BY YOU ON THE WEBSITE IS AND WILL BE TRUE, ACCURATE, CURRENT AND COMPLETE.

Consent to Advertisement; No Endorsements

By using the Service, You consent to us posting advertisement materials on portions of the Service. Unless expressly stated, we do not recommend or endorse any particular brand of products, services, procedures, or other information that appears or is advertised from time to time on the Service.

Geographic Restrictions

The owner of the Service is based in Canada. The Service is not intended for use in any jurisdiction where its use is not permitted. If You access the Service from outside Canada, You do so at Your own risk and You are responsible for compliance with the local laws of Your jurisdiction.

Fees

We may, in our sole discretion, offer some or all of our Service to You for free or charge You subscription fees or pay-for-service fees in accordance with our then-current fees included in the Service and/or any schedule, as may be provided from time to time (the "Fee Schedule"). You or a responsible third-party identified to us by You are responsible for paying any such applicable fees in accordance with the Fee Schedule (the "Fees"). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars or any other currency identified in the Fee Schedule, and may be quoted so as to be exclusive of applicable sales and value added taxes. All Fees are non-refundable and payable upon invoicing or demand from us. You or such responsible third-party are responsible to pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save us harmless in respect of any such taxes.

We may charge additional fees for functionalities of any Service. All fees are subject to change at our discretion.

We are not responsible for collecting any taxes on behalf of You or any other person. We reserve the right to charge interest on late payments of any fees owing to us and/or any user, and to use any legal means to collect late and outstanding payments, including collections agencies or court proceedings.

Fees may be collected by a third-party Service Provider engaged by us. You are responsible for providing all information required for payment of such fees, and for compliance with such third-party Service Provider's terms of use and other policies and requirements. We bear no obligation or liability relating to such third-party Service Provider or any actions or omissions of such third-party Service Provider.

Fees for the Application are as set out in the End User License Agreement.

Jobs

All Jobs and activities relating thereto facilitated by the Application are governed by the terms of the End User License Agreement at: https://oncallable.com/en-ca/policy/eula.

Your Information

If You wish to place an order for a Job (and "Order") or publish a Job Listing on the Service, You may be asked to supply certain information including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. This information will be retained by Us in accordance with Our Privacy Policy, found here https://oncallable.com/en-ca/policy/privacy.

By placing an Order or publishing a Job Listing, You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) associated with Your Account, Your Order or Your Job Listing; and that (ii) all information You supply to Us in connection with Your Account, Your Order or Your Job Listing is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order or Your Job Listing.

Jobs Availability, Errors and Inaccuracies

Information pertaining to certain Jobs may be viewable via the Website. For all Jobs viewable via any Service, the User is solely responsible for the content of their Job Listings and any information included therein. A User may withdraw or replace their Job Listings on the Service at any time prior to confirming the Job with a Job Service Provider and making payment. The Jobs available on the Service may be mispriced, described inaccurately, or unavailable, and the Job Service Providers may experience delays in updating information regarding the Jobs.

Neither the Company nor any Job Service Providers shall bear any responsibility or liability to You for any: correction to any errors, inaccuracies or omissions, with regard to any Job Listing; or changes or updates to information in connection with any Jobs or any Job Listings.

We cannot and do not guarantee and are not responsible or liable for, the accuracy, reliability or completeness of any information or of any content in the Job Listings, including prices, specifications, availability, and nature of services.

Scheduling of Jobs by You must be undertaken via the Application.

In-app Purchases

The Application may be obtained and downloaded from the Application Store, and purchases occurring within the Application (each an "In-app Purchase") may be processed via the Application Store or Service.

More information about how You may be able to manage In-app Purchases using Your Device that are processed by the Application Store, and other costs and terms relating to interaction with the Application Store, may be set out in the Application Store's own terms and conditions or in Your Device's Help settings. You acknowledge and agree that all billing, transaction processes and other activities are handled by the Application Store from where You downloaded the Application and are governed by that Application Store's own terms and conditions, with which You will comply.

Company bears no responsibility or liability for any In-app Purchases or any interaction that is between You and the Application Store.

In-app Purchases processed by the Company cannot be: cancelled after You have initiated such purchase; or redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase processed by the Company is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase processed by the Company or are unable to do so within a reasonable period of time and without significant inconvenience to You, We may refund You an amount up to the cost of the relevant In-app Purchase.

You must contact the Application Store directly regarding any In-app Purchases processed by the Application Store and otherwise act in accordance with the agreement between You and the Application Store.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Service allows You to post, submit and otherwise provide (collectively "Post") Content. Content You provide or engage with via the Application is governed by the End User License Agreement.

You are responsible for the Content that You Post to or via the Website, including its legality, reliability, and appropriateness.

By Posting any Content to the Website, including but not limited to images, advertisements, information, or questions, You grant Us and our Affiliates, and each of their and our respective licensees, successors, and assigns a world-wide, royalty free, perpetual, irrevocable, sublicensable, and transferrable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Content for any purpose in any form, medium or technology without compensation to You. You further waive any moral rights or other rights of authorship in and to any Content.

By Posting Content to the Website, You declare, represent and warrant that (a) You have the necessary rights to Post the Content and grant the licence referenced above; and (b) the Content will not (i) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of Your failure to obtain consent to post personally identifying or otherwise private information about a person; (ii) violate any law, statute, ordinance, or regulation; (iii) be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal or other information, or that facilitate or enable such or that are intended to do any of the foregoing; or (v) constitute disclosure of any confidential information owned by any third-party.

We have the right, without notice, to refuse or remove Your Content from the Website for any or no reason, in Our sole discretion. You acknowledge and agree that the Company cannot control all Content posted, submitted or otherwise provided by users and/or third parties on the Website.

Do not provide any Content to us if You do not want to give us rights to the Content.

By submitting Content, You declare and warrant that You own or have the necessary rights to submit that Content and have the right to grant the license thereof to us and our Job Service Providers, and each of our respective licensees, successors, and assigns. You represent and warrant that all Content You submit to the Website complies with applicable laws and regulations and these Terms. You understand and agree that You are legally liable, including to any third-party, for the content and accuracy of Your Content. We are not responsible or legally liable to any third-party for the content or accuracy of any Content submitted by You or any other user of the Service.

We may, but have no obligation to, monitor and review Content on the Service. We have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates these Terms or is in any way harmful or objectionable.

Content Backups

Although regular backups of Content are performed for the Service, the Company does not guarantee there will be no loss or corruption of Content or other data.

Corrupt or invalid backup points may be caused by, without limitation, Content or other data that is corrupted prior to being backed up or that changes during the time a backup is performed. Corruption of Content or data may negatively affect the Service.

You acknowledge that the Company has no responsibility or liability related to the integrity of Content, data or any Service, or the failure to successfully restore Content, data or any Service to a usable state.

You agree to maintain a complete and accurate copy of any Content or other data that You provide in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any reasonable claim that Content posted on the Website infringes a copyright or other intellectual property right of any person. Copyright infringement claims relating to the Application shall be addressed in accordance with the terms of the End User License Agreement.

If You are a copyright owner and You believe that Your copyrighted work has been copied by the Company in a way that constitutes copyright infringement that is taking place through the Website, You must submit a notice regarding such copyright infringement claim in writing to the attention of Our copyright agent via email at info+support@oncallable.com and include in Your notice a detailed description of the alleged copyright infringement, including the following:

A description of Your copyrighted work that is allegedly being infringed;
A description of the page on the Website where Your copyrighted work is allegedly being infringed;
A statement indicating that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, or permitted by law;
Your name, address, telephone number, and email address (if applicable); and
A statement affirming that all of the information You provide in the notice is accurate and that You are the copyright owner.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

You understand and agree that the Website, the Application and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of the foregoing, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its Affiliates or licensors. All of Our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Website and the Application, are the property of their respective owners.

Subject to and conditioned on Your compliance with these Terms and Conditions, we grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Website in accordance with these Terms and Conditions. You are authorized to view, download and print portions of the Website solely for Your personal or Your organization's internal and non-commercial use or as We otherwise permit, provided that You agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Website, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by Us terminate immediately and without notice to You if You do not comply with these Terms and Conditions.

Rights of use of the Application are granted, and shall be in compliance by You, in accordance with the End User License Agreement.

You have no right, title, or interest in or to the Website or the Application, including but not limited to any Content therein, and all rights not expressly granted relating to the Website and Application are reserved by the Company, including but not limited to all intellectual property rights therein and relating thereto. Any use of the Website, the Application or any intellectual property referenced in this section, except as permitted in these Terms and Conditions, shall constitute a breach of these Terms and an infringement or violation of the rights of the owner thereof, and may be a violation of laws.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms, including any terms and conditions and privacy policies, of any third-party websites or services that You visit. Your linking to any other off-site websites is at Your own risk, and by using any such link You are agreeing to the third-party terms relating thereto.

External Content

Third-party input into content or the Service, or that is linked to via the Service in apps, websites or any other environment or format (collectively "External Content"), are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review any External Content, and we are not responsible for such External Content, whether or not any link or reference thereto is incorporated in the Service. The External Content contained in any third-party apps, websites, information, or software to which a link is provided in the Service are those of the companies or individuals responsible for such External Content and cannot be attributed to us. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies, or any terms of use related or pertaining to External Content. By using the Service, You expressly release us from any and all liability arising from Your use of any External Content. Accordingly, when You leave the Service or submit information to any External Content accessible from the Service, the terms and conditions, privacy policy and other policies relating to such External Content will apply to You.

Risk of Transferring Information via the Internet

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect Your personal information, we cannot guarantee the security of Your personal information transmitted to or from the Service. Any transmission of Content, data, personal information or other information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Service.

Termination

Your permission to use the Service ends immediately if You violate any clause or section of the Terms. We may (in our sole discretion) suspend or terminate Your access to or use of the Service without notification for any violation of these Terms, or for other conduct that we deem unlawful or harmful to others. In the event of termination, You are no longer authorized to access the Service, You may not re-register for our Service, and we will use whatever means necessary to enforce this termination.

You may terminate the Terms: (a) in accordance with the End User License Agreement, if applicable to You, any subscription agreement or other agreement in place relating to the provision of the Service to You; (b) in accordance with any written authorization from us for termination that we provide after You provide us with a written request for termination; or (c) if You are only accessing our Service and do not have any account at any time, with immediate effect by ceasing use of the Service and uninstalling and removing all local software components thereof, if any, from Your systems, including removing the Service from Your Device, if applicable.

Monitoring

You acknowledge and agree that we have no obligation to monitor the Website or any Content or other information accessible through the Website, but we do have the right to monitor the Website and any Content or other information accessible through the Website. We may undertake such monitoring pursuant to law, regulation or other reasonable governmental requests, as well as pursuant to our own interests, at our sole discretion.

Feedback

Should You provide any feedback or commentary to us relating to the Service, our business or otherwise (collectively the "Feedback") You hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and You further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner, or to decline to utilize the Feedback in any manner, at our sole discretion. For clarity, You will not have any rights, title or interest in any use made of the Feedback, including but not limited to, any products or services developed from the Feedback.

Limitation of Liability

IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Warranty Disclaimer

ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. IN ADDITION TO ALL OTHER DISCLAIMERS AND LIMITATIONS OF COMPANY'S LIABILITIES SET OUT IN THESE TERMS AND CONDITIONS THE COMPANY HEREBY CONFIRMS THAT THE SERVICE IS PROVIDED "AS IS" AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM ACCESS AND USAGE OF THE SERVICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. COMPANY MAKES NO, AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL REPRESENTATIONS AND WARRANTIES AS TO THE SERVICE. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR IN ANY MANNER WHATSOEVER AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RELATION TO ANY JOBS, SERVICES OR INFORMATION PROVIDED ON, THROUGH OR IN CONNECTION WITH USE OF THE APP, INCLUDING ANY SERVICES OR INFORMATION PROVIDED BY THIRD-PARTY SERVICE PROVIDERS, JOB SERVICE PROVIDERS, OR SERVICE PROFESSIONALS VIA OR IN RELATION TO THE SERVICE.

Indemnity

You hereby agree at all times to indemnify, defend and hold harmless Company, its agents, suppliers, affiliates, third parties engaged by Company, third parties that assist Company, and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Company directly or indirectly in respect of or arising from: (i) Your use or misuse of the Website, (ii) any Content, or other information that You Post in relation to or within, the Website, (iii) any breach by You of any term of these Terms and Conditions or applicable law; (iv) Your negligence or wilful misconduct; and (v) any of the foregoing by any entity or other person related to You.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, DATA, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims under the Terms in connection with Your use of the Website, must be brought within one (1) year of the first date of the event giving rise to such claim. Remedies under the Terms are exclusive and are limited to those expressly provided for in the Terms.

Compliance with Investigations

We will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to You.

Governing Law

These Terms and Conditions shall be construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby irrevocably and unconditionally attorn and submit to the non-exclusive jurisdiction of the courts in Toronto, Ontario with respect to any legal action or proceeding relating to these Terms and Conditions.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute amicably by contacting the Company.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

We will update the "Effective Date" at the header of these Terms when the Terms are modified. You should regularly review these Terms, as it is Your responsibility to verify if any changes have been made. However, in the event of any material changes to these Terms, as determined in our sole discretion, we will make reasonable efforts to provide notification by posting in the Service a notice relating to such material changes. Your continued use of the Service following any such changes, modifications, or updates constitutes Your acceptance of the revised Terms.

Entire Agreement

These Terms constitute the entire agreement between You and the Company with respect to Your use of the Service and supersede any other understandings or agreements (whether oral or written), representations or claims of the parties regarding such subject matter. You may not amend these Terms.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By email: info+support@oncallable.com
By the contact means provided on this page on the Website: https://oncallable.com/en-ca/contact