Terms of Service
Peple Terms of Service
Last Updated: 01 September 2019
These Terms and Conditions constitute a legally binding agreement (“Agreement”) between the individual using the Service (“client”, “clients” or “you”) and Peple, Inc. (“Peple”,”we”,”us”, or “our”) governing the use of the Peple Service (as defined below).
As referenced in this agreement, “Site” means the website operated by Peple and currently located at peple.io, as it may be relocated, updated, or modified from time to time, and includes any and all information, images and other content appearing on or incorporated in the website.
The term “Service” is defined as the Site, downloadable software, mobile applications for mobile or table platforms (“App”), messages sent through email or other means, and online or off-line services owned or operated by Peple.
By using or accessing the Service:
- You understand that the Service is not sold to you, but is licensed, and that by accessing or using our Service, you have read, understood, and agree to be bound by the Peple Terms of Service (“Terms of Service” or “Terms” or "Terms and Conditions") which governs the use of our Service.
- You understand that the Service is provided “as-is” and without warranty of any kind, and that our liability to you is limited;
- You understand that you consent to receive communications via text, email, telephone or by any other mediums at our disposal regarding promotions, news and other information from time to time;
- You acknowledge that terms and fees of third parties may apply to the use and operation of your personal computer/ and/or mobile device in connection with your use of our Service. Such fees, and payment of any and all fees relating to third parties are solely your responsibility.
- You understand that all disputes between clients and Peple will be resolved by binding arbitration. You acknowledge and agree to give up your rights to go to court to assert or defend your rights under this contract (except for matters explicitly excluded in these Terms). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please see Dispute Resolution and Arbitration section for further information.
- You agree and acknowledge the following terms and conditions:
SECTION 1 - TERMS GOVERNING SERVICE USE
Access and use of the Peple Service is solely conditional on your agreement and compliance with the Terms and Conditions set forth. By accessing and / or using our Services including our Site you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Any new features or tools which are added to the current offerings shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ELIGIBILITY
The service is not available to persons under the age of 18, or to any person who has been suspended or removed from the service by Peple. By accessing and / or using our Services including our Site you are representing that you are at least 18 years of age and have not been previously suspended or removed from the Peple Service or Site.
If you are accessing and / or using our Services including our Site on behalf of an organization, entity, or company, you acknowledge that you are an authorized representative with the authority to bind such organization, entity, or company to the Terms and Conditions as set forth in this document. You acknowledge and agree to be bound by the Terms and Conditions on behalf of the organization, entity, or company you are representing.
SECTION 4 - REGISTRATION
You must create an account in order to use the Peple Service. You are solely responsible for the safeguarding of your username and password for the Peple Service. You acknowledge and agree that you will not provide your password to any third party. You acknowledge and agree that you are fully responsible for any activities or actions that occur under your username and password, whether or not you have authorized such activities or actions. You are responsible to immediately notify us of any unauthorized use of your username or password.
When creating an account on the Peple Service and Site you must provide accurate, current, complete and true information about yourself as requested by any form that you complete as part of the registration process of the Service and / or Site. If any information is not current, misleading, deceptive in any manner, or otherwise incomplete, we reserve the right to terminate your account and refuse any and all access and Services of Peple. Peple will have no liability for failure to deliver notices that result from inaccurate account information. You acknowledge and agree that you are responsible for keeping your account information current, accurate, and truthful.
SECTION 5 - PRIVACY
SECTION 6 - FEES, REFUND, AND CANCELLATION
The membership fee for the Peple service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods., including authorizing it for up to approximately one month of service as soon as you register.
You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can cancel your Peple membership at any time, and you will continue to have access to the Peple service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
Peple is unable to refund the cost of the verification - also known as "Get Verified" - check as the request is submitted immediately to a third-party for action.
SECTION 7 - SERVICE
The Peple Service Platform only enables connections between Users. We are not responsible for the performance or communications of Users, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of jobs. We are not responsible for the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. We make no warranties or representations about the suitability, reliability, timeliness, or accuracy of the jobs requested or services provided by, or the communications of or between, Users identified through the Peple Service Platform, whether in public, private, offline interactions or by any other means.
SECTION 8 - INDEMNITY
You acknowledge and agree that you are personally responsible for your use of the Peple Service, and you agree to defend, indemnify and hold harmless Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney and accounting fees and costs arising out of or in any way connected to:
- Your access to, denial of access to, use of or alleged use of the Service;
- Your violation of these Terms and Conditions or any agreement or representation herein;
- Your violation of any third party rights, including without limitation any intellectual property rights;
- Any and all issues or disputes between you and any user or third party; and
- Any allegation or claim of a third party that Peple has referred to you, based on any alleged or actual act or omission on your behalf or part, or any other allegation or claim arising as a result of such a referral;
Peple reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You acknowledge and agree that you will not in any event, settle any claim or matter without our written consent.
SECTION 9 - AT YOUR RISK
Peple Service is provided “as is” and on an “as available” basis without warranty or condition of any kind, either expressed or implied. Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors disclaim:
- To the fullest extent authorized by Law any and all other warranties, whether express or implied, including any implied warranties of title, non-infringement, quiet enjoyment, integration merchantability or fitness for a particular purpose;
- To the fullest extent authorized by Law any and all other warranties arising out of course-of-dealing, usage or trade;
- To the fullest extent authorized by Law any and all other warranties that the information or results provided in, or that may be obtained from use of, the Peple Service or Job requested or performed in connection with the service will meet your requirements or be accurate, reliable, complete, or up-to-date;
- To the fullest extent authorized by the Law any and all other warranties, representations, promises or similar statements made by a user; and
- To the fullest extent authorized by the Law any and all other warranties whatsoever regarding any product, services, information or other material advertised, made available, or referred to you through the Peple Service or Site.
You acknowledge and agree to assume all risk for all damages, including damages relating to a Job, to your computer system or loss of data that may result from your use of or access to the Peple Service. Any content, information, software, or other material that has been downloaded, used or otherwise obtained through the use of the Service is done at your own discretion and risk.
Certain jurisdictions do not allow the exclusion of certain warranties in some circumstances. Due to this fact, some of the above limitations may not apply to you according to the jurisdiction in which the service is provided.
SECTION 10 - LIMITATION OF LIABILITY AND RELEASE OF LIABILITY
To the fullest extent authorized by Law, neither Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors nor any other party involved in creating, operating, producing, or delivering the service will be liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from your access of use of, or the inability to access or use of the Peple Service, whether based on warranty, contract, tort (Including negligence), statute or any other legal theory, whether or not Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors have been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for the defamatory, offensive or illegal conduct of user, other clients, or third parties and that the risk of injury from the foregoing rests entirely with you. Peple is not liable for your reliance on information provided by a user or otherwise made available through the Peple Service, and you should independently verify the information made available by a user or through the Peple Service to ensure that it is accurate, complete and appropriate information.
You acknowledge and agree that you are responsible to work with the user to define the nature and scope of each job, and ensuring that each job complies with all applicable laws of your jurisdiction. Jobs may be inherently risky and could lead to loss of or injury to property, personal injury, or death. Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will have no liability to you or any third party in any of these events. Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will have no liability to you or to any third party for any third party content that is uploaded or downloaded through accessing or using the Peple Service.
You acknowledge and agree that in the event of a dispute related to a Job that you have requested through the Peple service, you hereby release Peple Inc. (And its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors) from any and all claims, damages (Actual or consequential), obligations, losses, liabilities, costs or debt, and expenses (Including but not limited to Attorney’s fees), of every kind and nature, unknown and known, unsuspected and suspected, undisclosed and disclosed, arising from or in any way connected or related with such a dispute.
You acknowledge and agree to the fullest extent of the Law that the aggregate liability of Peple Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors to you for any and all claims arising from or related to the use of the Peple Service is limited to the greater of:
- The amounts you have paid to Peple for access and use of the Peple Service during the six (6) months prior to the event giving rise to your claim; or
- $50 Canadian.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Peple and you.
Certain jurisdictions do not allow the limitation or exclusion of liability in some circumstances. Due to this fact, some of the above limitations may not apply to you according to the jurisdiction in which the service is provided.
SECTION 11 - DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and Peple in the most expedient and cost effective manner, you and Peple agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Peple are each waiving the right to a trial by jury or to participate in a class action.
- EXCEPTIONS. Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- ARBITRATOR. Any arbitration between you and Peple will be governed by the Canadian Arbitration Assocation Arbitration Rules (collectively, "CAAA Rules"), as modified by these Terms, and will be administered by the Canadian Arbitration Association (CAA). The CAA Rules and filing forms are available online at http://canadianarbitrationassociation.ca/, by calling the CAA at 1-800-856-5154, or by contacting Company.
- PROCESS. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Peple may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Peple shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Peple shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Peple in settlement of the dispute prior to the arbitrator's award.
- FEES. In the event that you commence arbitration in accordance with these Terms, Peple will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the CAAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Ottawa, Ontario, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the CAAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the CAAA Rules. In such case, you agree to reimburse Peple for all monies previously disbursed by it that are otherwise your obligation to pay under the CAAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- NO CLASS ACTIONS. Peple and you agree that each may bring claims against the other only in the individual capacity of you or Peple, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Peple agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- MODIFICATIONS. In the event that Peple makes any future change to this arbitration provision (other than a change to the Peple's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Peple's address for Notice, in which case your account with Peple shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- ENFORCEABILITY. If only Subsection (f) of this Section 10 or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 22 shall govern any action arising out of or related to these Terms.
SECTION 12 - TANGIBLE AND INTANGIBLE PROPERTY
Your rights with respect to the Service are limited to those rights expressly granted in the Terms and Conditions. You understand and agree that Peple owns all rights, titles, and interest in the Service, including all intellectual property rights even if any material is provided or made available to you in accessing or using the Service. The Service is protected by copyright, trademark, trade secret, and other laws of Canada and foreign nations. You may not reproduce, modify, distribute, sell, publicly display or perform, transmit or exploit or prepare derivative works based upon the Service in any portion or whole including without limitation text, software, code, photographs, video, audio, and any information provided in any form without the direct permission of Peple. You acknowledge and agree that Peple does not provide you the permission to create an electronic or physical copy of any material related to, or contained within the Peple Service.
SECTION 13 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 14 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made with our service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 15 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - PERSONAL INFORMATION
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Prescott Street, P.O. Box 1677, Kemptville, ON, K0G 1J0, Canada.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org