Terms and Conditions
Last updated: January 11, 2022
Please read these Terms and Conditions (the "Terms") carefully before registering for the online marketplace or mobile application offered by The Idea Hunter (hereafter collectively the “Services Marketplace”). Participation in the Services Marketplaces indicates that you agree to be bound by the Terms of this agreement. If you do not agree to the Terms, you must not register or participate in the Services Marketplace.
If you have any questions regarding the Services Marketplace or the Terms, please contact us at email@example.com.
Pursuant to this Agreement, 2777664 Ontario Inc. o/a The Idea Hunter (“Idea Hunter”) and you agree to the following terms and conditions for participation in the Services Marketplace. The Services Marketplace is an online marketplace that allows service providers and seekers to find and advertise various event related services in one location.
- Services Marketplace Participation
Participation in the Services Marketplace is subject to Idea Hunter's approval and your continued compliance with the Terms. The Idea Hunter reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. The Idea Hunter may change, suspend, or discontinue the Services Marketplace at any time without notice or liability. The Idea Hunter reserves the right, at its discretion, to modify the Terms at any time by posting a notice on the Services Marketplace. Participation in the Services Marketplace following such notification constitutes your acceptance of the modified Terms.
You certify that you are legally permitted to use the Services Marketplace and take full responsibility for the selection and use of the Services Marketplace.
This Agreement is void where prohibited by law, and the right to access the Services Marketplace is revoked in such jurisdictions. To access the Services Marketplace, you must create an account.
By creating an account you agree to (a) provide us with accurate, complete, and current registration information; (b) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (c) acknowledge that you are fully responsible for all activities that occur under your account; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your account and/or any breach of these Terms.
- Participation as Service Provider
Service Provider is solely responsible for all content and information with respect to their services stated on the Services Marketplace.
Service Provider understands and agrees that advertisements may be placed on any content or property provided by Idea Hunter, and, unless Service Provider opts out of such placement in the manner specified by Idea Hunter, Service Provider authorizes and consents to all such placements.
The Service Provider must fulfill engagements and should not cancel engagements repeatedly or without valid cause. Cancellation of engagements will impact the Service Provider's rating in the Services Marketplace.
Service Provider's are strictly prohibited from accepting payments using any method other than via the approved payment method on the Services Marketplace.
Service Providers are responsible for obtaining a general liability insurance policy with minimum coverage of $500,000.00.
- Payment Terms
The following terms govern payments you make or receive on the Services Marketplace:
Idea Hunter offers a “Happiness Guarantee”, whereby Service Recipients can contact Idea Hunter to address any dissatisfaction with the services received for a period of 72 hours after the performance of the services. If such a complaint of dissatisfaction is received, Idea Hunter will review same with the Service Provider and determine if a full refund shall be offered to the Service Recipient. The ultimate decision shall be the absolute discretion of the Idea Hunter. If refunds are issued, Idea Hunter shall retain no proceeds from such service order.
Invoices and payment receipts shall be sent as PDF attachments to the email address associated with your account on the Services Marketplace.
The Service Provider shall be paid within five (5) business days after completion of the services assuming no dispute has been filed by the recipient of the service in accordance with the Happiness Guarantee.
For each service completed by a Service Provider, they shall receive 77.05% of the purchase price paid by the Service Recipient.
The Service Providers are solely responsible for the payment of all applicable taxes. Service Providers represent and warrant that they will comply at all times with the tax laws of their jurisdiction and that the service price advertised on the Services Marketplace is inclusive of all such taxes and charges.
The Service Provider appoints Idea Hunter as an authorized payment collection agent solely for the purpose of accepting payments, via the Idea Hunter's payment services provider and remitting same to Service Provider, and for no other purpose.
Payments made by Service Recipient to Idea Hunter shall satisfy their obligations to Service Provider.
By making any payments on the Services Marketplace, you agree to be bound and abide by these Terms.
- Representations of Idea Hunter
Idea Hunter represents and warrants that the Services Marketplace: (1) are owned by or licensed to Idea Hunter and Idea Hunter has the right to use the entire contents and subject matter contained in the Services Marketplace; (2) do not violate any law, statute, ordinance, treaty or regulation; (3) do not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (4) do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (5) are not false, deceptive or misleading; (6) are not defamatory, libelous, slanderous or threatening; and (7) are to the best of its knowledge free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, "spyware" and other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information.
Idea Hunter also represents, warrants and covenants that: (i) it has the power and authority to enter into and perform its obligations under these Terms; (ii) it shall not be in violation of any obligation, contract or agreement by entering into these Terms, by performing its obligations hereunder (iii) it shall comply with all of the Terms, as amended from time to time; (iv) all information provided by Idea Hunter is to the best of its knowledge truthful, accurate and complete, and is not misleading in any way; and (v) Idea Hunter shall not upload, post, email, transmit or otherwise make available any content, material, data, work, designation, trade or service mark, tradename, link, advertising or services that actually or potentially (a) violates any applicable law or regulation, including, without limitation, false advertising or unfair competition under the law of any jurisdiction, (b) infringes or misappropriates any proprietary, intellectual property, contract or tort right of any person, or (c) to a reasonable person, may be abusive, defamatory, invasive of privacy, harassing, threatening, malicious, otherwise objectionable or in way derogatory about any other party.
- Representation of Service Provider
Server Provider represents and warrants that (1) all content are owned by or licensed to Service Provider and Service Provider has the right to use the entire contents and subject matter; (2) do not violate any law, statute, ordinance, treaty or regulation; (3) do not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (4) are not false, deceptive or misleading; (5) are not defamatory, libelous, slanderous or threatening; (6) are free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, "spyware" and other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information.
Service Provider also represents, warrants and covenants that: (i) it has the power and authority to enter into and perform its obligations under these Terms; (ii) it shall not be in violation of any obligation, contract or agreement by agreeing to these Terms, by performing its obligations hereunder or by authorizing and permitting Idea Hunter to perform the services hereunder; (iii) it shall comply with all of the terms and conditions of the Terms, as amended from time to time; (iv) all information provided by Service Provider is truthful, accurate and complete, and is not misleading in any way; and (v) Service Provider shall not upload, post, email, transmit or otherwise make available any content, material, data, work, designation, trade or service mark, tradename, link, advertising or services that actually or potentially (a) violates any applicable law or regulation, including, without limitation, false advertising or unfair competition under the law of any jurisdiction, (b) infringes or misappropriates any proprietary, intellectual property, contract or tort right of any person, or (c) to a reasonable person, may be abusive, defamatory, invasive of privacy, harassing, threatening, malicious, otherwise objectionable or in way derogatory about any other party.
- Representations of Service Recipients
Retaining a Service Provider using the Services Marketplace constitutes an agreement to only use the payment systems provided by the Services Marketplace and any attempt to use a payment system outside of the Services Marketplace shall be a breach of the Terms and Idea Hunter reserves the right to terminate your participation in the Services Marketplace.
You agree that you may not solicit or accept any solicitation from a Service Provider, to contract, engage with, or pay outside of the Services Marketplace and agree to notify Idea Hunter immediately if a Service Provider proposes that you make payments outside of the Services Marketplace.
Damages of this nature are difficult to ascertain, and therefore, as a consequence of a reach of this provision you agree to pay the sum of $1,000.00 (the “Liquidated Damages”), if Idea Hunter in its absolute discretion determines that you have violated the provisions of the Terms and that the Liquidated damages are reasonable approximation of damages and do not constitute a penalty. You also agree to pay any legal fees incurred by the Idea Hunter in investigating this breach of the Terms.
- Termination; Cancellation
Idea Hunter may at any time, in its sole discretion, immediately terminate the Services Marketplace. Idea Hunter will make commercially reasonable efforts to notify you of any such termination or cancellation within a reasonable period of time. You may cancel any postings at any time by deactivating from Services Marketplace. Upon termination for any reason: (a) you shall remain liable for any services already procured; and (b) all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.
- Prohibited Uses
You shall not authorize or encourage any third party to redirect an end user away from Services Marketplace or promote any illegal activity. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of the Terms and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
You agree that Idea Hunter may use your name, logo, and other intellectual property in presentations, marketing materials, customer lists, financial reports, Service Place listing or ads.
- User Conduct
The Services Marketplace is designed to allow Service Providers and Service Recipients to showcase and procure various services for their events. It is the expectation of The Idea Hunter that the Services Marketplace remain a friendly and professional environment. Therefore, there is an expectation of a certain code of conduct:
Personal information to give effect to a service must only be exchanged within the chat function in the Services Marketplace. Services Marketplace.
All information exchange must be done using the Services Marketplace.
There is zero tolerance for abusive language, and any communications on the Services Marketplace of this nature will result in the immediate suspension from the Services Marketplace.
Service Providers and Service Recipients are prohibited from soliciting on the Services Marketplace to contract outside of the Services Marketplace.
The Services Marketplace shall not be used for the purpose of securing adult entertainment.
Do not publish or post anyone's private or confidential information directly on the Services Marketplace.
You acknowledge and agree that Idea Hunter has no special relationship with or fiduciary duty to you and that Idea Hunter has no control over, and no duty to take any action regarding: which users gains access to the Services Marketplace; what content other service providers may make available, publish or promote in Services Marketplace; or whether content is being displayed properly in connection with Services Marketplace.
THE SERVICES MARKETPLACE, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IDEA HUNTER DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND YOU ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
IDEA HUNTER MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES MARKETPLACE OR ANY WEBSITE LINKED THERETO.
UNDER NO CIRCUMSTANCES WILL IDEA HUNTER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES MARKETPLACE. THIS INCLUDES 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 PROFITS OR BUSINESS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT IMPACT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree not to disclose Idea Hunter Confidential Information without Idea Hunter’s prior written consent. "Idea Hunter Confidential Information" includes without limitation: (i) all Idea Hunter software, technology, programming, technical specifications, materials, guidelines and documentation you learn, develops or obtain that relate to the Services Marketplace; and (ii) any other information designated in writing by Idea Hunter as "confidential" or any designation to the same effect. Idea Hunter Confidential Information does not include information that has become publicly known through no breach by you or Idea Hunter, or information that has been (i) independently developed without access to Idea Hunter’s Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.
- Information Rights
Idea Hunter disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. Idea Hunter may share non-personally-identifiable information about you, including Property URLs, property-specific statistics and similar information collected by Idea Hunter, with advertisers, business partners, sponsors, and other third parties. In addition, you grant Idea Hunter the right to access, index and cache the information, or any portion thereof, including by automated means including web spiders or crawlers.
- No Guarantee
Idea Hunter does not guarantee the Services Marketplace will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Idea Hunter's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Idea Hunter's or your servers are located or co-located.
Idea Hunter does not guarantee the service provided by the Service Provider in anyway.
You agree to indemnify, defend and hold Idea Hunter, and their licensors, licensees, affiliated companies, consultants, contractors, agents, lawyer, and employees harmless from and against any and all liability, loss, damages, claims or causes of action, including internal and external legal fees and expenses, arising out of, related to or which may arise from your use of the Services Marketplace and/or your breach of the Terms.
This Agreement shall be governed by the laws of the province of Ontario and, to the extent applicable, Canadian federal laws, without reference to any conflict of laws principles. Any claim or controversy arising out of or related to this Agreement, or the products or services we provide and/or distribute shall be settled by binding arbitration in accordance with the rules of the Province of Ontario, National and International Commercial Arbitration Centre. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. You agree to pay any/all direct and/or indirect costs arising out or related to the claim and/or controversy, including but not limited to legal costs, transportation, accommodation, telephone calls. The foregoing shall not preclude Idea Hunter from seeking any injunctive relief for protection of Idea Hunter's intellectual property rights.
- Miscellaneous Terms And Conditions
The currency used for purposes of this Agreement shall be Canadian Dollars (CAD).
Idea Hunter requires all users to provide proof of identification before using the Services Marketplace.
Idea Hunter reserves the right to refuse any user for any reason including but not limited to reputation and associations.
If your account has been disabled you will not be able to access the Services Marketplace.
These Terms constitute the entire agreement between you and Idea Hunter in respect to your use of Services Marketplace and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any changes that we make to these Terms and Conditions will be posted at www.theideahuntersocial.com. Your use of Services Marketplace will always be governed by the Terms in effect at the time of use.