Yardly Terms of Use

ROCKIA INC. O/A YARDLY (“WE”/”US”/“OUR”/”YARDLY”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.YARDLY.CA (THE “SITE”) WHICH ENABLES USERS TO FIND AND SUBSCRIBE TO RECEIVE CERTAIN SEASONAL MAINTENANCE SERVICES, SUCH AS SNOW REMOVAL AND YARD MAINTENANCE (“CUSTOMERS”) (COLLECTIVELY THE USE OF OUR SERVICE AND SITE IS REFERRED TO HEREIN AS THE “SERVICES”). THESE TERMS OF USE APPLY TO ALL VISITORS TO THE SITE AND ALL USERS OF THE SERVICES.

BY ACCESSING THE SITE, CREATING AN ACCOUNT ON THE SITE OR OTHERWISE USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SITE, ANY APPS PROVIDED OR ANY OF THEIR CONTENT OR SERVICES.

THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT PRIOR NOTICE AND THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

  1. The ServicesThe Services allows site visitors to browse the Site and create an account to: (i) view services and the cost to receive them, which are made available in a geographical region; (ii) book seasonal maintenance services, such as snow removal, leaf clean-up, lawn care; (iii) pay for services using the credit card details held on account through our third party payment provider; (iv) send and receive information updates about seasonal maintenance services (“Yardly Services”); and (v) provide feedback to us.
  2. Registering as a CustomerIn order to use the Services as a Customer, You must register by providing your first name and last name, your email address and phone number. You must be at least 18 years old to register for the Services and have a valid credit card. By signing up to create an account with us you represent and warrant that you have the right to engage the Service Provider Services for the location that you list for receipt of the Service Provider Services. Any personal information provided by you to us will be stored in accordance with our Privacy Policy, which you should read carefully. You must keep your user login details secure. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details. Please contact us immediately if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security.
  3. Booking TermsRates for Services are set out on the Site. Services may be provided by us or on our behalf by independent contractors with whom we have contracts in place to safeguard your information. Providers must adhere to service standards and to carry appropriate insurance suitable to the services they are providing. Please note that there are parameters, guidelines and further specific details for provision of the seasonal maintenance services, vehicles and other obstructions, timing of services, extreme weather conditions and damage to property so you should read this carefully before signing up for any Services offered through the Site. If you have further questions about the Services, please review the Yardly FAQ at https://help.yardly.ca/knowledge/customer-help-centre or contact us at [email protected].
  4. Your ConductIn using the Services You shall not:
    1. copy or distribute any part of the Site (including any content) without our prior consent;
    2. alter or modify any part of the Site;
    3. upload, post, email, transmit or otherwise make available:
      1. any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
      2. any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
      3. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      4. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the App or that of any users or viewers of the App or that compromises a user’s privacy;
    4. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    5. interfere with or disrupt the Site or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    6. collect or store personal information about other users of the Services; or
    7. resell the content of the Site, the use of the Site, access to the Site or the content therein.
  5. Changes to Services; Cancelling ServicesYardly may alter, suspend, or discontinue the Site and/or Services at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Site and/or Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Yardly may periodically add or update the information and materials on this Site without notice. You may need to update third-party software from time to time in order to use the Site and/or Service.
  6. Payments for Service Provider ServicesPayment for Services must be made through the Site. Any card you use to pay for the Services will be kept on file and may be used to pay for future fees due from you. You represent and warrant that any credit card, payment and billing information you provide is complete and accurate and that you are authorized to use the credit card or other payment method you are using. For monthly payment option, you will be charged for the first month on the date of order, and the 1st of every month following that until you cancel. For seasonal payment option, you will be charged for the full amount on the date of order. If there is a change from the price we have quoted to you, we will notify you in advance before we charge your credit card. We may also charge you based on our surcharge policy: https://yardly.ca/surcharges-and-cancellation-policy/
  7. Disputes and ComplaintsIf you are dissatisfied with any Yardly Services, You may lodge a formal complaint with us within seven (7) days of the service visit by contacting us through your Yardly account representative or by telephone using the contact information provided on our Site. We will try to resolve any dispute which relates to non-attendance or poor performance by our service providers or any abusive or seriously unprofessional conduct by the service provider during provision of the Services. We will use commercially reasonable efforts to resolve disputes and provide an outcome within fourteen (14) days of your submitting your complaint.
  8. Copyright and Trademark InformationThe Services and the information and materials contained therein, are the property of Yardly and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All our product names and logos are trademarks or registered trademarks. Nothing contained on the Site or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or Services or any materials displayed therein, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of us. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site or within the Services.
  9. Feedback: Site and ServicesIf You provide us with any suggestions, comments or other feedback (“Feedback“) relating to the Site and/or Services or in relation to Service Providers or Service Provider Services, We may use such Feedback in any products or services we offer (collectively, “Yardly Offerings“). Accordingly, You agree that: (a) We are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to We, (c) We (including all of its successors and assigns and any successors and assigns of any of the Yardly Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Yardly Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from us or anyone else.
  10. Links to Third-Party SitesThe Site may contain links to other websites that are not owned or controlled by us. We are not responsible for the content of any linked sites. Any third-party sites or services accessed from the Site are subject to the terms and conditions of those sites and or services and you are responsible for determining those terms and conditions and complying with them.
  11. Service DisclaimerThe Services we provide require certain cooperation from You. For example, if you engage us to clear snow from your driveway, it is your responsibility to remove your vehicle and any other obstructions from the driveway. If you fail to comply with our reasonable requests for cooperation, and the snow removal service is unable to perform the Services, you will be responsible for full payment for the Services, and neither Yardly nor its agents or subcontractors shall be responsible for any additional costs or expenses you incur as a result of the inability to perform the Services. We are also not responsible for any adverse weather or environmental conditions or any claims or losses arising in connection with the same. You are also responsible for notifying our service providers of any protrusions, obstructions or obstacles on your property that should be avoided, including, without limitation, raised gardens, plants, curbing, fencing, fixtures, lawn ornaments, retaining walls, extension cords etc. Please see further Service Guidelines for other requirements in relation to specific services such as snow clearing.
  12. DISCLAIMERTHE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE WEBISTE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY SITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
  13. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES THAT RESULT FROM: (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE SITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE, (IV) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES (UNLESS CAUSED BY OUR NEGLIGENCE), (V)ANY DAMAGE TO YOUR PROPERTY DUE TO CIRCUMSTANCES BEYOND OUR CONTROL (INCLUDING ADVERSE WEATHER OR OTHER ENVIRONMENTAL CONDITIONS), OR YOUR FAILURE TO FOLLOW THE REQUIREMENTS OF THIS AGREEMENT OR THE SERVICE GUIDELINES; OR (VI) ANY DAMAGES TO YOUR PROPERTY DUE TO YOUR FAILURE TO NOTIFY US OF OBSTRUCTIONS, PROTRUSIONS, LOSE FLAGSTONES OR COBBLESTONES OR OTHER SIMILAR ITEMS. . THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
  14. TerminationWe may, under certain circumstances and without prior notice, immediately terminate your ability to access the Site or Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use (including, without limitation, non-payment of any fees owed in connection with the Services, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Site or Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Site or Services or for the removal of any of the materials uploaded by you to the Site or Services. Any termination of these terms of use by us shall be in addition to any and all other rights and remedies that we may have.
  15. SecurityInformation sent or received over the Internet is generally unsecure and we cannot and does not make any representation or warranty concerning security of any communication to or from the Site or Services or any representation or warranty regarding the interception by third parties of personal or other information.
  16. IndemnityYou shall indemnify, defend, and hold us (including our officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively “Claims”), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by You; (b) violation of any law or regulation by You (including, without limitation, any privacy or personal information protection law or regulation); or (c) breach of any warranties or material terms of this Agreement by You.
  17. GeneralThese Terms of Use, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the use of the Site and Services and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of Alberta without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Alberta.

LAST UPDATE: January 21, 2020