Terms of Use

Tuktu Care Inc.

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These Terms and Conditions were last updated on May 14, 2022

Acceptance of the Terms and Conditions of Use

These terms and conditions of use constitute a legal agreement and are entered into by and between you and Tuktu Care Inc. (“Tuktu,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through www.tuktu.ca (the “Website”) or Tuktu’s mobile application (the “App”, and together with the Website, the “Platform”). The Platform is a web-based communications platform which enables connections between Service Recipients and Service Providers. "Service Recipients" are individuals seeking to obtain certain services, including but not limited to, transportation services, information technology assistance, household assistance, dog walking, personal shopping, accompaniment, hobby lessons, and virtual personal assistance or other similar services ("Services"). “Service Recipients” are individuals seeking to perform such Services. For greater certainty, the purpose of the Platform is to enable Service Recipients and Service Providers to connect. If you agree on Service Recipients and Services Providers are collectively referred to herein as “Users”. YOU ACKNOWLEDGE THAT SERVICE PROVIDERS ARE INDEPENDENT THIRD PARTIES. SERVICE PROVIDERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF TUKTU. TUKTU DOES NOT PROVIDE ANY SERVICES (AS THAT TERM IS DEFINED HEREUNDER) AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SUCH SERVICES. BY MAKING THIS PLATFORM AVAILABLE AND ACCESSIBLE, TUKTU OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS SERVICE RECIPIENTS WITH SERVICE PROVIDERS WHO WISH TO PERFORM SERVICES. WITHOUT LIMITING THE GENERALITY OF THE TERMS HEREIN, YOU ACKNOWLEDGE AND AGREE THAT TUKTU DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE SERVICES OR THE SERVICE PROVIDER AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES PERFORMED IN ANY MANNER. IS UP TO THE SERVICE PROVIDER TO DECIDE WHETHER OR NOT TO OFFER A SERVICE TO A SERVICE RECIPIENT CONTACTED THROUGH THE PLATFORM, AND IT IS UP TO THE SERVICE RECIPIENT TO DECIDE WHETHER OR NOT TO ACCEPT A SERVICE FROM ANY SERVICE PROVIDER CONTACTED THROUGH THE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH SERVICE PROVIDED BY A SERVICE PROVIDER TO A SERVICE RECIPIENT SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS. BY USING THE PLATFORM OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT WWW.TUKTU.CA/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM. FOR GREATER CERTAINTY, THE TERMS OF THIS AGREEMENT RELATE TO YOUR USE OF THE PLATFORM. By using the Platform, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Tuktu and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. We will notify you by email of any material changes to these Terms and Conditions. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. The information and material on the Platform, and the Platform, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to Users or unavailable at any time or for any period.

Your Use of the Platform and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a User’s internet connection are aware of these Terms and Conditions and comply with them. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. 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 our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. Your provision of registration information and any submissions you make to the Platform through any functionality such as personal profiles, messaging functions, message boards, social media, our call centre, and other functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at www.tuktu.ca/privacy-policy Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Platform owner’s ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

Service Agreements

You acknowledge and agree that a legally binding contract with another User ("Service Agreement") is formed when you and the other User agree on the terms of a Service. The terms of the Service Agreement shall in no way expand Tuktu's obligations or restrict Tuktu's rights under these Terms and Conditions. Tuktu is not a party to any Service Agreement, and the formation of a Service Agreement will not create an agreement or service relationship with Tuktu. Users do not have the authority to enter into any agreement or contracts on behalf of Tuku. Tuktu's role, beyond providing the Platform, is to act as a limited payment collection agent for the Service Provider to facilitate payment for the Services on behalf of the Service Provider through the Platform. Tuktu disclaims any other agency or authority to act on behalf of a User and assumes no liability or responsibility for any acts of any User. The Service Recipient shall pay the Service Provider in full for all Services strictly via the Platform, at the rates/fees agreed to by the parties in the Service Agreement (the "Fee"). Tuktu does not set the Rates for the Services. Each User agrees to comply with the terms of their Service Agreement and these Terms and Conditions during the engagement, performance and completion of Services. Payments and Billing Users are responsible for all charges incurred on their User account. For Service Recipients, such charges include: the Fee, the Tuktu Service Fee, Cancellation Fee (if applicable), and any other applicable fees, tolls, surcharges, and taxes, plus any tips to the Service Provider. For Service Providers, charges include: Cancellation Fee (if applicable), all such charges are collectively referred to herein as the "Charges". Fees for Services are made directly from the Service Recipient to the Service Provider via the Platform. Tuktu is not obligated, under any circumstances, to compensate the Service Provider for Service Recipient's failure to pay for Services. You acknowledge and agree that Tuktu will be entitled to 20% of the total Fee owed to a Service Provider, irrespective of whether or not the Services were performed (the "Tuktu Service Fee"). Tuktu reserves the right to determine and modify the Tuktu Service Fee at any time, upon written notice to Users. In the event that the Service Recipient does not pay the Service Provider for the Services, the Service Recipient will owe the Service Provider the Tuktu Service Fee, in addition to any outstanding applicable Charges. Tuktu reserves the right to issue an invoice to the Service Recipient for the Tuktu Service Fee and any additional applicable Charges. Service Recipient acknowledges and agrees that the invoice shall be paid to Tuktu via the Platform within thirty days. Cancellation Fee. In the event that you cancel a service request on the Platform within 24 hours of the time that the Service is scheduled to be provided, make repeated or frequent cancellations, or fail to show up for your service in a timely manner, you agree to pay a “Cancellation Fee” of $5.00. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled Services to disrupt the Platform or the provision of Services. Damage Fee. In the event that a User damages the property of another User, any damage fees are to be determined between the Users in accordance with their Service Agreement and shall not involve Tuktu. Tuktu shall not be responsible or liable in any way whatsoever for any damages to the property of either User. Other Charges. Other fees, tolls, and surcharges may apply to your service, including: actual or anticipated airport fees, provincial or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, Tuktu will collect applicable taxes as required by law. Any tips will be provided entirely to the applicable Service Provider. Facilitation of Payments. All Charges are facilitated through a third-party payment processing service. Charges shall only be made through the Platform. Cash payments for services are strictly prohibited. By using the Platform you acknowledge and agree that you have read, understood, and agreed to the terms of use and the privacy policy of the third party payment processor. For greater certainty, the current terms of use and privacy policy for the third party payment processing services is provided below: www.stripe.com If you are a Service Provider, you will receive applicable Fees (minus the Tuktu Service Fee, as discussed below) and any tips provided by Service Recipients to you for the services you provide. Tuktu will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. Tuktu reserves the right to withhold all or a portion of Fees if it believes that you have attempted to defraud or abuse Tuktu or Tuktu’s payment systems. In exchange for permitting you to offer your services through the Platform as a Service Provider, you agree to pay Tuktu (and permit Tuktu to retain) the Tuktu Service Fee. Tuktu reserves the right to change the Tuktu Service Fee percentage at any time in Tuktu’s sole discretion based upon local market factors, and Tuktu will provide you with notice in the event of such change. Continued use of the Platform after any such change in the Tuktu Service Fee calculation shall constitute your consent to such change. Tuktu, at its sole discretion, may make available promotions with different features to any Service Providers or prospective Service Providers. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with Tuktu.

Cancellation by Service Provider.

If a Service Provider must cancel a scheduled Service, the Service Provider must call to inform Tuktu of the cancellation at +1-888-444-5945. If a Service Provider cancels a Service within 24 hours of the time that the Service is scheduled to be provided, the Service Provider may be penalized by Tuktu, including a Cancellation Fee or disqualification of such Service Provider from using the Platform.

Tuktu Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Tuktu, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Tuktu, its affiliates and/or Service Providers, including but not limited to: operational communications concerning your User account or use of the Platform or services, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our third party partners, and news concerning Tuktu and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Platform or the services.

User Background Checks

Users may be subject to a vetting or review process before they can register for and during the use of the Platform, which may include but is not limited to: identity verification and criminal background checks, using third party services as appropriate ("Background Checks"). Although Tuktu may perform Background Checks, Tuktu does not represent or warrant or confirm that Users are who they claim to be and does not assume any responsibility for the accuracy or reliability of the Background Checks. When interacting with other Users, you should exercise caution and common sense to protect your personal safety, personal information, and property, just as you would when interacting with any other persons whom you are strangers. Without limiting the generality of any of the terms in these Terms and Conditions, and for greater certainty, NEITHER TUKTU NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OR ANY USER OF THE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TUKTU AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM.

User Representations, Warranties, and Covenants

By using the Platform, you represent, warrant, and covenant that: With respect to all Users:

  • You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts.
  • You have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this agreement in accordance with these Terms and Conditions, and that you will so abide.
  • You have read, understand, and agree to be bound by these Terms and Conditions and the Privacy Policy.
  • You will fulfill the commitments you make to other Users.
  • You will use your real name or business name and an up-to-date photo of yourself on your User profile.
  • When using the Platform or engaging or interacting with other Users you will act in accordance with all applicable laws, and in good faith.
  • You will not use the Platform for the purchase or delivery of alcohol or any other controlled or illegal substances or services.
  • You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or on any other basis.
  • You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records.

With respect to Service Providers:

  • You have the required skill, experience and qualifications to perform the Services you are offering.
  • You shall perform the Services in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.
  • If the Services you perform require you to have a business license or business tax registration, you have a valid business license and tax registration.
  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering Services.
  • You have any and all insurance required to provide your Services.
  • If you provide Services that involve transportation,
    • you possess a valid driver’s licence and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Service Recipients in all jurisdictions in which you provide Services;
    • you own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind;
    • you will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to Tuktu, and you will not transport more passengers than can securely be seated in such vehicle (and no more than four (4) passengers in any instance);
    • you have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide services; and
    • in the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to Tuktu and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.

You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages. You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions. You will pay all applicable federal, provincial and local taxes based on your provision of Services and any payments received by you. You will not make any misrepresentation regarding Tuktu, the Platform, the Services or your status as a Service Provider. While providing the Services, you will not operate as a public carrier or taxi service, accept street hails, charge for rides, or engage in any other activity in a manner that is inconsistent with your obligations these Terms and Conditions. You will not attempt to defraud Tuktu or Service Recipients in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fees or other payments for the Service(s) in question and suspend or terminate your account and access to the Platform.

Intellectual Property Rights and Ownership

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Tuktu, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Tuktu’s name, the Tuktu logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Tuktu or its affiliates or licensors. You must not use such marks without the prior written permission of Tuktu. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except:

  • your computer, mobile device, or browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
  • one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
  • in the event social media platforms are linked to certain content on our Platform, you may take such actions as our Platform and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. If you print off, copy or download any part of the Platform in breach of these Terms and Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by Tuktu. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Content Standards

As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Platform, to other Users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and Terms and Conditions. Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at www.tuktu.ca/privacy-policy

(b) In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Tuktu’s sole discretion.

Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

(c) Involve, provide, or contribute any false, inaccurate, or misleading information.

Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions.

Impersonate or attempt to impersonate Tuktu, a Tuktu employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Tuktu or Users or expose them to liability.

(d) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

User Submissions: Grant of Licence

The Platform may contain Interactive Functions allowing User Submissions on or through the Platform. None of the User Submissions you submit to the Platform will be subject to any confidentiality by Tuktu. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions provisions set out in these Terms and Conditions. You understand and agree that you, not Tuktu nor Tuktu’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform. Platform Monitoring and Enforcement, Suspension, and Termination Tuktu has the right, without provision of notice to:

  • Remove or refuse to post on the Platform any User Submissions for any or no reason in our sole discretion.

At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Platform or Terms and Conditions.

Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

  • Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS TUKTU AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TUKTU AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER TUKTU OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES. We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other Users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Tuktu nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Platform. The Platform includes content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Tuktu, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Tuktu. Neither Tuktu nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at www.tuktu.ca/privacy-policy, as we deem necessary for use of the Platform and provision of services. By using the Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see www.tuktu.ca/privacy-policy

Third-Party Websites

For your convenience, the Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Platform. You may only use these features when they are provided by us and solely with respect to the content identified. Geographic Restrictions The owner of the Platform is based in the Province of British Columbia in Canada. We provide the Platform for use only by persons located in Canada. The Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimers

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE PLATFORM OR SERVICES. WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF THE SERVICES THAT OCCUR AS A RESULT OF THE PLATFORM’S USE. WE CANNOT ENSURE THAT A SERVICE PROVIDER OR SERVICE RECIPIENT WILL COMPLETE AN ARRANGED SERVICE. TUKTU IS NOT RESPONSIBLE FOR THE CONDUCT OF USERS, WHETHER ONLINE OR OFFLINE, OF ANY USER. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT PROCURE INSURANCE FOR, NOR ARE WE RESPONSIBLE FOR, PERSONAL BELONGINGS PF USERS. BY USING THE PLATFORM AND PARTICIPATING IN THE SERVICES, YOU AGREE TO ACCEPT SUCH RISKS AND AGREE THAT TUKTU IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS ON THE PLATFORM OR PARTICIPATING IN THE SERVICES. NEITHER TUKTU NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TUKTU NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. LOCATION DATA PROVIDED BY THE PLATFORM IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER TUKTU, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA DISPLAYED BY THE PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE PLATFORM MAY BE ACCESSIBLE TO TUKTU AND CERTAIN USERS OF THE PLATFORM.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL TUKTU NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Release

In the event that you have a dispute with one or more Users, you agree to release Tuktu (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Platform or participation in the Services. Furthermore, you expressly waive any rights you may have. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tuktu, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your use of the Platform, including but not limited to, any disputes with other Users, a breach of these Terms and Conditions, User Submissions, third-party sites, and any use of the Platform’s content, services, and products.

Confidentiality

You acknowledge that Confidential Information is a valuable and unique asset of Tuktu and agree that you will not disclose, transfer, or use (or encourage or induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Platform in accordance with these Terms and Conditions. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Tuktu in order to prevent it from falling into the public domain. You will immediately notify Tuktu in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. The term "Confidential Information" means any and all of Tuktu's intellectual property, trade secrets, confidential and proprietary information, and all other information and data of Tuktu that is not generally known to the public or third parties, including but not limited to: any information related to any User, technical data, know-how, our intake process, your account credentials to access your User account, product plans, services, markets, software, upgrades, developments, inventions, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary materials, and any other information related to Tuktu, whether or not such information is disclosed or obtained directly or indirectly, in writing, orally or by observation.

Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

No Agency; No Employment

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by accepting these Terms and Conditions.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement; Additional Terms for Service Providers

For Service Recipients, the Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Tuktu regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. In addition to these Terms and Conditions and the Privacy Policy, Service Providers may be subject to additional terms agreed in separate agreements with Tuktu in respect of the services offered by such Service Providers. In the event of any conflict between these Terms and Conditions and the separate agreement you have with Tuktu, the terms of the separate Tuktu agreement will govern.

Reporting and Contact

This Platform is operated by Tuktu Care Inc., 170-422 Richards Street, Vancouver, BC, V6B 2Z4, CANADA Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Tuktu at complaints@tuktu.ca. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to info@tuktu.ca.

Claims and Complaints:

  1. The client is responsible for reporting any incident, breakage, damage and loss or complaint within 24 hours of completion of the service. Failure to do so will nullify any re-clean or action to rectify the issue. The Prime Person will be considered the person at the premise, or as delegated by the client. If the prime person is happy with our work and or TUKTU CARE INC. when we leave, no claim or rectification of any work will be done at the request of the absent party (non – supervising client). Any problems are to be rectified prior to us leaving.
  2. The client is responsible for securing – cash, jewellery, and other small items of value. TUKTU CARE INC. has a zero-tolerance policy in terms of theft and dishonesty. No responsibility or liability is accepted for any of the above. (The client must avoid unnecessary temptation). Bags may be kept by the client and given to the TUKTU CARE INC. member at the end of the day, or bags may be inspected by the client. TUKTU CARE INC. will do random inspections of bags.
  3. If a client suspects theft or actual theft has taken place, it is the client’s responsibility to report the incident to both TUKTU CARE INC. management and the Police. The client will lay a charge of theft if actual theft has taken place and follow through to the point of actual prosecution. TUKTU CARE INC. will not be responsible for any loss due to theft.
  4. The client or a representative has the responsibility to be present both at the start and end of each service and to inspect any cleaning performed prior to the TUKTU CARE INC. provider leaving the premises. This will enable TUKTU CARE INC. to rectify any work not done or not done correctly, while still on the premises. Where TUKTU CARE INC. is only advised later, we will rectify at the sole discretion of TUKTU CARE INC. management at the next clean or if possible make other arrangements to do so, when convenient.
  5. Complaints need to be made within 24 hours of the completion of the service. (If client is not at the premises on our departure as agreed with TUKTU CARE INC.). Where the client or delegate is at home we must be advised prior to departure. No subsequent complaint will be entertained.
  6. The client is responsible for securing or removing all fragile or easily breakable items from areas that need to be cleaned. Items excluded from any liability by TUKTU CARE INC. are cash, jewellery, art works, antiques and items of sentimental value. (including damaged, fragile or unsecured items or objects).
  7. The client undertakes to advise TUKTU CARE INC. management or an TUKTU CARE INC. Member any defects of all items or fixtures that may be cracked, chipped, scratched or unstable and as such be prone to further damage or to cause damage of any nature. Any such item and or fixture is cleaned or handled at the exclusive risk of the client.
  8. Lost keys if lost by an TUKTU CARE INC. representative will be limited in terms of liability by TUKTU CARE INC. to the actual cost of the lost key, subject to a maximum amount of $250.00 in total.
  9. TUKTU CARE INC. reserves the right not to be liable for any action or service if service is postponed due to broken equipment, or any circumstances beyond our direct control, or if there are issues in terms of safety.
  10. TUKTU CARE INC. reserves the right not to be responsible for accidental damage or loss of any nature. We hold insurance for damage over $1000 (one thousand dollars) for provable claims.

May 14, 2022