Terms and Conditions of use Concierr Terms of Service Last updated: Feb 22, 2019
1. Contractual Relationship
These Terms of Service constitute a legally binding agreement between you and Tetra Mobile Systems Inc. (“Company” or “Concierr”) governing your use of the Concierr Platform (as defined below), Company’s website (https://www.tetrams.com or https://www.concierr.com or the “Site”) and mobile applications (the “Apps”). The Concierr Platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Service Providers and Clients (both as defined at Section 1) in relation to the services, together are hereinafter collectively referred to as the “Concierr Platform.”
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND Tetra Mobile Systems, “Concierr” PLATFORM CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 8). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Tetra Mobile Systems Inc. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Tetra Mobile Systems Inc. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Tetra Mobile Systems Inc. may amend the Terms related to the Services from time to time. Amendments will be effective upon Tetra Mobile Systems Inc.’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Tetra Mobile Systems Inc.’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule services such as but not limited to plumbing, electrical, moving, painting, handyman, flooring, renovation, junk removal, locksmith, towing, access to the taxi services, carpet cleaning, HVAC, heating, cooling service providers and services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Tetra Mobile Systems Inc. or certain of Tetra Mobile Systems Inc.’s affiliates (“Third Party Providers”). Unless otherwise agreed by Tetra Mobile Systems Inc. in a separate written agreement with you, the Services are made available solely for your personal, commercial use. YOU ACKNOWLEDGE THAT TETRA MOBILE SYSTEMS INC. DOES NOT PROVIDE SERVICES MENTIONED ABOVE OR FUNCTION AS A SERVICE PROVIDERS OF THE SERVICES MENTIONED ABOVE AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TETRA MOBILE SYSTEMS INC. OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Tetra Mobile Systems Inc. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, commercial use. Any rights not expressly granted herein are reserved by Tetra Mobile Systems Inc. and Tetra Mobile Systems Inc.’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Tetra Mobile Systems Inc.; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content
The Services and all rights therein are and shall remain Tetra Mobile Systems Inc.’s property or the property of Tetra Mobile Systems Inc.’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Tetra Mobile Systems Inc.’s company names, logos, product and service names, trademarks or services marks or those of Tetra Mobile Systems Inc.’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Tetra Mobile Systems Inc. certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Tetra Mobile Systems Inc.’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Tetra Mobile Systems Inc. in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services in this agreement or from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no use of unlawful or hazardous materials or services). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, or receiver or the service or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, or provide the services and you agree that you may be denied access or provide service to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) or email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) or email messages from Tetra Mobile Systems Inc. at any time by following the directions found at htttp://www.tetrams.com/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) or email messages may impact your use of the Services.
Tetra Mobile Systems Inc. may, in Tetra Mobile Systems Inc.’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Tetra Mobile Systems Inc. establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Tetra Mobile Systems Inc.; (iii) may be disabled by Tetra Mobile Systems Inc. at any time for any reason without liability to Tetra Mobile Systems Inc.; (iv) may only be used pursuant to the specific terms that Tetra Mobile Systems Inc. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Tetra Mobile Systems Inc. reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Tetra Mobile Systems Inc. determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Tetra Mobile Systems Inc. may, in Tetra Mobile Systems Inc.’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Tetra Mobile Systems Inc. through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Tetra Mobile Systems Inc., you grant Tetra Mobile Systems Inc. a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Tetra Mobile Systems Inc.’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Tetra Mobile Systems Inc. the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Tetra Mobile Systems Inc.’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tetra Mobile Systems Inc. in its sole discretion, whether or not such material may be protected by law. Tetra Mobile Systems Inc. may, but shall not be obligated to, review, monitor, or remove User Content, at Tetra Mobile Systems Inc.’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use or provide the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use or provide the Services and Applications and any updates thereto. Tetra Mobile Systems Inc. does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Waiving the future claims
You agree that upon completion of the requested service, if the delivered service by service provider is at a satisfactory level and requested service is provided with no problem at the time that service provider is at your address and before the service providers leave your address, you will sign the service completion form that indicates that the service provider did no damage with respect to the services delivered. Upon signing on the completion form on service provider device, you acknowledge and agree that the service has been performed entirely and therefore service provider won't be responsible for any damage after the service providers leave your premises. You acknowledge and agree that you will sign the service completion form if the service is satisfactory and not signing the service completion form, indicates that you disagree with delivered services. As a result of this you acknowledge and agree that any dispute between you and service provider is solely between you and the service provider and Tetra Mobile System is not responsible for any such a dispute.
Harassment and violation
You acknowledge and agree that any violent behaviour against the service provider while he is at your premises is subject to prosecution and service technician reserves the right to leave your location without completing the requested service. You agree and acknowledge that in such a circumstance service technician has no obligation toward your time or any claim of the revenue loss as a result violent behaviour.
Service provider miss representation
You agree and acknowledge that you use the service solely at your own risk. While Tetrta Mobile Systems Inc, “Concierr” does its best to bring qualified service providers to the platform, service providers might mis-represent themselves and their qualifications. In such a situation that service provider has lied about his/her qualification, Tetra Mobile System is not responsible for any claim, damage as a result of such a mis-representations.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Tetra Mobile Systems and Tetra Mobile Systems Third Party Service Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Tetra Mobile Systems Inc. will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of labor cost in hourly or fix cost basis, material cost, applicable platform cost, and applicable taxes where required by law. Labor charges will be as advertised in hourly rate as advertised or fix cost agreed by you or, or fix cost and hourly rate advertised and by submitting the service request you agree that you are bounded by terms of payments. By submitting the service request, you agree that you will be charged at least one hour at the hourly rate advertised in platform. Upon arrival of the service technicians or Third Party Service Providers at your location or address you are bounded to pay the minimum charge even if you cancel the requested service unless the requested service is cancelled by service technician due to any reasons or due to inability to provide the service by service technicians for reasons such as but not limited to lack of required equipment or tools to deliver the service. Charges paid by you are final and non-refundable, unless otherwise determined by Tetra Mobile Systems Inc. Tetra Mobile Systems Inc. will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. You acknowledge and agree that after Third Party service provider arrival at your location, if your requested service might take longer than one hour, you and service provider might agree on fix cost service instead of hourly based service. In this case third party service provider will change the service cost from hourly rate to fix cost agreed by you and third party service provider and you will be charged accordingly and you are bounded by this term to pay the full invoice amount.
All Charges are due immediately. Payment will be facilitated by Tetra Mobile Systems Inc. using the credit card after which Tetra Mobile Systems Inc. will save the receipt in your account and accessible only using your account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Tetra Mobile Systems Inc. may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account or cash, if available.
As between you and Tetra Mobile Systems Inc., Tetra Mobile Systems Inc. reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Tetra Mobile Systems Inc.’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or after hours and during night for emergency orders. You also acknowledge and agree that charges applicable after working hours in all the areas may increase substantially and Tetra Mobile Systems Inc. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Tetra Mobile Systems Inc. may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you will not be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Tetra Mobile Systems Inc. does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Tetra Mobile Systems Inc. (on Tetra Mobile Systems Inc.’s website, in the Application, or in Tetra Mobile Systems Inc.’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Tetra Mobile Systems Inc. provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TETRA MOBILE SYSTEMS INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TETRA MOBILE SYSTEMS INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TETRA MOBILE SYSTEMS INC. DOES NOT GUARANTEE THE QUALITY, DAMAGE CAUSED BY THIRD PARTY SERVICE PROVIDER, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TETRA MOBILE SYSTEMS INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TETRA MOBILE SYSTEMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TETRA MOBILE SYSTEMS INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TETRA MOBILE SYSTEMS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TETRA MOBILE SYSTEMS INC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TETRA MOBILE SYSTEMS INC.’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND TETRA MOBILE SYSTEMS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, COST INCURRED AS RESULT OF POOR OR BAD SERVICE DELIVERED TO YOU BY THIRD PARTY SERVICE PROVIDERS.
TETRA MOBILE SYSTEMS INC.’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES, TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TETRA MOBILE SYSTEMS INC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES, TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Tetra Mobile Systems Inc. and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Tetra Mobile Systems Inc.’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Canada, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not spe¬ak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Tetra Mobile Systems Inc.’s designated agent. Please visit Tetra Mobile Systems Inc.’s web page at https://www.tetrams.com/legal or https://www.concierr.ca for the designated address and additional information.
Tetra Mobile Systems Inc. may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Tetra Mobile Systems Inc. by written communication to Tetra Mobile Systems Inc.'s address at Mr. Amir Fakhim at #1402, 1200 West Georgia Str, Vancouver, BC V6E 4R2.
You may not assign or transfer these Terms in whole or in part without Tetra Mobile Systems Inc.’s prior written approval. You give your approval to Tetra Mobile Systems Inc. for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Tetra Mobile Systems Inc.’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Tetra Mobile Systems Inc. or any Third Party Provider as a result of the contract between you and Tetra Mobile Systems Inc. or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
USERS RESIDING IN CANADA: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TETRA MOBILE SYSTEMS, “CONCIERR”CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND TETRA MOBILE SYSTEMS, “CONCIERR”TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside.
Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Service Providers nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.
A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.