The website operated at https://UWeX.co/ and such other locations as made available from time to time (collectively, the “Website”) and the services offered therefrom (collectively, the “Services”) are operated by UWe Technologies Inc. and its corporate affiliates (collectively, “UWe”,”UWeX”, “us”, “we” or the “UWe Companies”).
YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU ARE RESIDENT (I.E., IF YOU ARE A MINOR).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
About UWeX and Service. UWeX.co is a marketplace that allows Users to offer, sell and buy products and services for home renovation, decoration, repair and maintenance in a variety of pricing formats and locations. The actual contract for sale or rental is directly between the seller and buyer.
Responsible of Sellers. Sellers, also known as vendors in UWeX.co, who own UWeX Shops and sell products, offer rental services or other services through their UWeX Shops, are completely responsible for their merchandise, description, information, condition, shipping, prices, taxes, and anything else that is related to the product, services, transaction and delivery.
Offering service as a product. If your merchandise is a service, you agree to uphold and comply with the following terms.
You agree that you are qualified to complete the service and service categories that you describe, meaning that you hold all requisite training, licensing, certification, education, experience, and similar qualifications to complete each service with a professional level of care.
You represent and warrant that you hold all required or industry standard insurance and, if you represent yourself as bonded, bond coverage including public liability, workers compensation, and workplace safety, to adequately cover property damage, bodily injury, theft, property loss in amounts sufficient for your liability under your contract with the person who orders the service from you.
Restriction on products and services. Any product or service sold that is deemed illegal such as, not limited to, drugs, sexual explicit, weapons, tobacco, alcohol, etc, is strictly forbidden and the User will be banned for life from UWeX.
User Conduct. UWe claims no responsibility for illegal and fraudulent behavior of any kind. If a member is found to act, transact, and behave in any manner that is considered fraudulent, illegal scandalous, predatory, harassing will be banned for life.
Issues and Disputes. a) UWe does not claim any responsibility for any of the products and services offered on the Website by the merchants and does not offer any services to resolve any issue between Seller and Buyer, including any end user of the products or services. b) UWe does not claim any responsibility for damaged goods and quality of services offered on the Website by the merchants. And UWe does not claim any responsibility for any direct and indirect results caused by the usage of any goods or services provided by the merchants. c) Any issue concerning payment can be taken with the Payment Processor. UWe does not claim any responsibility and is unable to help with this issue.
Fees.a) There is currently no charge for users to browse the Website, search merchandise, review the merchants, own UWeX Shops, list merchandise, and manage their UWeX Shops. We reserve the right to introduce or charge, or change a service fee or implement charges for features of service as indicated to Users from time to time. Any revised fees will take effect 30 days from the date of posting to the Website, or notification to your User Account. If you choose to terminate your User Account after notification of any new or additional fees, you must do so before the 30 day period, after which such charges will be applied to your User Account, if applicable. b) Once you make a deal through your UWeX Shop, UWe collects a 10% commission from the total amount of that deal you make through your UWeX Shop, regardless of whether or not you have completed to deliver the deal (for any reason). We will deduct the commission automatically from the payment that we will deposit into your account if the customer pays the order online. c) In case that the customer pays you outside UWeX.co, regardless online or offline, we will invoice you based upon the photocopy of your invoice or receipt to the customer. You agree to pay UWe within seven days of our invoice date to you. If you fail to pay it, a late payment fee will be applied at the annual interest rate of 19.9% upon the amount you owe us. d) Additional charges applies to the services of estimation services, consultation services, or other services with the similar nature, no matter such services are free or paid. UWe collects CAD200.00 plus tax for each booking. The rate may vary among different categories. It is decided in our sole discretion. You agree to pay UWe within seven days of our invoice date to you. If you fail to pay it, a late payment fee will be applied at the annual interest rate of 19.9% upon the amount you owe us. e) We reserve the right, in our sole discretion, to change, increase, decrease, or remove the commission. If we choose to change, increase, decrease, or remove the commission, we will notify you by email or notification to your User Account. Any revised commission will take effect 30 days from the date of sending email or notification to your User Account. If you choose to terminate your User Account after notification of any new or additional fees, you must do so before the 30 day period, after which such changes will be applied to your User Account, if applicable.
Payment. a) As a buyer, whether you buy a physical product, use a rental service or any other services, you agree to pay for your order at the point of checkout on UWweX.co. To protect your money, we will hold the payment for you to the seller for 72 hours. If we do not receive your written notice for further hold on the payment within 72 hours after you successfully check out your order, we will start our process for the payment to sellers. Seller’s shipping, return and exchange policy applies for each specified transaction. b) The protection specified in 8.a is exclusive for payment made through the payment gateway on our website. If you choose to pay through other ways, your money is not protected by terms specified in 8.a. However, you can still claim the UWeX rewards by sending us the photocopy of the invoice or receipt provided by the seller. c) Sellers are paid every Wednesday on a Net 15 term for all orders that shipped. Funds are deposited directly into your specified account once a week, so you will typically receive payment between 15-21 days. Payment details will be emailed to you weekly, and you can also access each settlement on your Vendor Dashboard. c) Payments are issued to sellers who have accumulated $50 CAD or more in sales. Payment will be held until your sales reach this threshold. We reserve the right to change the payment threshold from time to time. Any revised payment threshold will take effect 30 days from the date of posting to the Website, or notification to your User Account. If You choose to terminate your User Account after notification of any new or additional fees, you must do so before the 30 day period, after which such charges will be applied to your User Account, if applicable.ｄ) All Users acknowledge and agree that the Payment Processor may apply a fee for processing the payment, which may change without notice from time to time, subject to the terms and conditions set out by the Payment Processor. Payment fees are the sole responsibility of the Payment Processor.
No Obligation to Withhold Taxes. Except as set out in any Invoice or receipt for applicable taxes, we do not collect or remit any taxes for any transaction payments received in any jurisdiction. You acknowledge and agree that in connection with your use of our Service, you may be required to comply with income tax and withholding requirements on any income you receive and that if such an obligation arises you will be solely responsible for the timely payment of such tax and any interest or penalties. The payment rate used for computing payments paid to Sellers is inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such Sellers. In no cases will any additional compensation be paid to Sellers for taxes. You hereby covenant and agree to remit all required taxes that you owe or may owe in connection with the provision of the transaction and to pay all tax obligations therefrom in a timely manner. If we, in our sole discretion, determine we are required to withhold any taxes in connection with the provision of Sellers, we may but are under no obligation to do so. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our Service and that in no event will we be responsible for any tax compliance. If it is later determined that we should have withheld and/or paid tax but did not withhold or pay such tax, then you shall repay to us the applicable tax as requested by us and hold us harmless from any penalties or interest thereon. You further agree to indemnify and hold the UWe Companies and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Service.
UWeX Rewards Program. We may, from time to time and in our sole discretion, provide reward points to Users. The UWeX Rewards Program is posted on UWeX.co. We reserve the right to activate, modify, or delete any such reward points at any time, in our sole discretion and without notice to you. These reward points are non-transferrable, have no cash value. We reserve the right, but have no obligation, to provide for the ability to redeem these reward points for cash.
License. Unless otherwise stated, Uwe. and/or it’s licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view and/or print pages from https://Uwex.co for your own personal use subject to restrictions set in these terms and conditions. You must not:
Republish material from https://Uwex.co
Sell, rent or sub-license material from https://Uwex.co
Reproduce, duplicate or copy material from https://Uwex.co
Redistribute content from https://Uwex.co (unless content is specifically made for redistribution).
User Comments. Certain parts of the Website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the Website. UWe does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of UWe, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws UWe shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the website.
UWe reserves the right to monitor all Comments and to remove any Comments which it considers in its sole discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Uwe a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Advertising. a) UWe may run advertisements and promotions on the Website. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Website is subject to change in our sole discretion. b) You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that UWeX shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by UWeX or endorsed by UWeX. Any third-party websites or services accessed from the Service are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them.
Copyright, Intellectual Property and Content Complaints. If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification to our designated agent for copyright and other complaints by e-mail: email@example.com. The notification must be a written communication that includes the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
if the complaint is about objectionable content, the reasons for the objection;
identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the information in the notification is accurate; and
if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
Disclaimer of Representations, Warranties and Conditions. The Website, Service, and all materials provided therein are provided “as is.” UWeX specifically disclaims 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, merchantable quality, or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the Service 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. UWeX does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any user or third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and UWeX shall not be a party to any transaction that you may enter into with any such user or third party. UWeX will not be liable for any type of content exchanged by means of the service.
Other Disclaims. Under no circumstances shall UWeX be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this website, or the service, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Website, or (v) any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the Website. These disclaims shall apply even if UWeX has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, if UWe is found liable to the case, UWe’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty Canadian Dollars ($50) or (b) amounts you’ve paid UWeX in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
Indemnification.You shall indemnify and hold Uwe and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these Terms and Conditions or of any applicable law or regulation.
Termination. UWe may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or any other agreement that You may have with UWe (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to UWe), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (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. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by UWe in its sole discretion and that UWe shall not be liable to you or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms and Conditions by UWe shall be in addition to any and all other rights and remedies that UWe may have.
Availability & Updates. UWe may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. UWe may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally unsecure and UWe cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. UWe will not be liable for any loss or damage arising from your failure to comply with these requirements.
General. These Terms and Conditions shall not be modified except in writing signed by both parties or by a new posting of these Terms and Conditions issued by UWe. If any part of these Terms and Conditions 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. The failure of UWe to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any right or provision by UWe must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms and Conditions, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without UWe’s prior written consent. UWe may assign these Terms and Conditions to anyone for any reason. These Terms and Conditions are governed by the laws of Ontario without regard to conflict of laws principles.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the UWeX.co or Service, please contact us at: firstname.lastname@example.org.
(Last updated by UWE Technologies Inc. on September 16, 2016)