Acceptance of the Terms of Service
By using this site and registering, you accept the following Terms of Service.
You cannot modify the Terms of Service. If you do not accept the following Terms of Service, please leave the site immediately.
Why Should I Read the Terms of Service?
We would like you to know your rights and obligations. We invite you to read the Terms of Service carefully to understand the service that is offered, the rules to follow, and to be sure that you are using the Zoomission service appropriately.
- "Zoomission" ("us", "we", "our" and "ours") means Zoomission, formerly registered as "ZYPTO INC.", registered in Canada No. 6881297 at 2781 Lebrun avenue, bureau 1, Montreal, QC, H1L 5E7.
- "Customers" and "Customer" means any person who submits or publishes a Project on the Website for Contractors to quote on.
- "Project" means project submitted by a customer via our service.
- "Users", "You", means anyone making use of the Zoomission Services.
- "Services" and "Service" means any procedure or service that is provided by Zoomission to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
- "Contractors", "Contractor", "Businesses" and "Business" means any business who registers on the Website in order to quote for work posted by Customers.
- "Website" means the website Zoomission.com and all the pages, content and sub-domains contained therein.
- "Expressing interest", "Expressed interest" means contacting, quoting or messaging a Customer via our Service.
- "Lead", is a Project which we give you the opportunity to Express Interest in.
- "Service Agreement", means any agreement reached between a Contractor and a Customer on the services to be performed. A service agreement can be reached by a verbal exchange in person, via telephone, via an email or in the form of a written statement or contract.
Zoomission's Obligations Towards You
1. Upon request, we will inform you of any changes made to the Terms of Service (see Modifications to the Terms of Service).
2. When necessary, we will remind you of your obligations towards Zoomission when you are using the service.
4. Providing operation procedures that ensure the service's security and the availability of the system.
5. Answering your questions regarding the Terms of Service, the Zoomission service itself and your account information.
Your Obligations Towards Zoomission
1. Accepting responsibility for any legal action you may take against Zoomission for whatever reason (see Compensation).
2. Having read and understood the Terms of Service. You agree to respect the Terms and to keep up-to-date on any modifications. If there is any part of these Terms that you do not understand, you must ask Zoomission for additional information.
3. Be at least 18 years of age.
4. Always use Zoomission responsibly and in good faith.
5. Never allow anyone besides yourself access to your account.
6. Using Zoomission for your personal gain. You cannot sell, rent, lend, release or offer this service in its entirety or in part without first obtaining Zoomission's written consent.
7. Legally using Zoomission in compliance with the rights, limitations and restrictions included in the present Terms of Service.
8. Abiding by the User Agreement and the Zoomission Registration Process.
Site Security, Controlled by Zoomission
Zoomission has implemented security measures to protect you from the loss, embezzlement or fraudulent use of your information. If, however you notice a fraudulent use of your account, password or any other privacy violation, you must advise Zoomission immediately.
It is strictly prohibited to use or transmit the tools to which you have access to compromise the site's security, to manipulate the system's resources or the Internet access rights, to attempt to guess passwords, or to hack or spy on the network without authorization.
Zoomission users must, by request, play an active role in preventing computer hacking. If you are personally involved in any security violation, Zoomission reserves the right to pass the information regarding the details and circumstances to the system's administrators, other websites, as well as to legal authorities to aid in their searches and help resolve this type of situation.
Respecting user security and privacy is very important to Zoomission.
You are responsible for the confidentiality of your password and account. Only you, and not Zoomission, are entirely responsible for the content of what you share, send via email or transmit via any other means of communication.
Your identifier and password give you access to the site for your personal use only. In order to better ensure user security, Zoomission may ask you to change your password, at it's discretion, and without necessarily justifying the request with a reason.
You recognize and accept that Zoomission has the right to review the content transmitted via this service. Zoomission reserves the right, at it's own discretion, to refuse any form of content. You also recognize and accept that Zoomission can (i) delete or remove any content violating the terms of the present document or any content considered otherwise unacceptable; (ii) deny access rights, in part or in their entirety, to your account and password at any time, and taking effect immediately and/or prohibiting all subsequent access to the service if Zoomission has reason to believe that that you have violated or gone against the terms or the intent of the Terms of Service.
You also recognize and accept that (i) terminating your access to the service in accordance with the Terms of Service may occur without previous notice; (ii) Zoomission is not liable to you or any third party for terminating your access to the service; (iii) Zoomission may divulge the content in order to conform to existing laws or in response to a request from judicial authorities, to enforce the Terms of Service, to respond to complaints related to the violation of the rights of other parties, to protect the rights or interests of Zoomission, it's users or the general public.
You understand and accept that Zoomission cannot be held responsible for the accuracy or inaccuracy of the personal information provided by you or other users on this site.
You are aware that all the information and data, whether they are made public through the site or partner sites or transmitted privately, are the sole responsibility of the person who transmitted the said content.
You agree not to use Zoomission in a manner that is illegal and/or prohibited by the Terms of Service. You agree to abide by all applicable local, state, national and international laws. You are responsible for all the acts carried out in your account name, including the content of your exchanges when using Zoomission. Including, but not limited to, for example, you agree not to use Zoomission to, and without limiting the generality of:
- Prejudicially affect any person, in any way;
- Transmit any content that could constitute, without being limited to, abetment of crimes and misdemeanours; incitement to discrimination, hate or violence based on race, ethnicity or nationality; spreading false news;
- Prejudicially affect judicial authorities; information relative to adoptions, trials, suicide of minors, or a personal financial situation; slander and abuse; invasion of privacy;
- Endanger minors by and without limiting the generality producing, conveying and transmitting violent or pornographic messages or messages that may cause serious injury to human dignity;
- Attempt to mislead other users by assuming the name, identity, or the legal name of others;
- Display, transmit via email or via any other means of communication any content in violation of patents, registered trademarks, trade secrets, intellectual property laws, or any other property right belonging to another party;
- To send photographs that depict a nude person, works of art or copyright images;
- Display, transmit via email or via any other means of communication any unsolicited or unauthorized advertising or any promotional material (including "spamming" or any other form of solicitation), any form of harassment directed towards one or several users;
- Collect and store personal information pertaining to other users;
- Infringe, intentionally or not, any existing national or international law or regulation or any other regulation with the force of law.
Zoomission Registration Process
1. Your personal information: you agree to provide exact and complete information about yourself (registration information).
2. You agree to keep this information up to date, always correct, complete and precise.
3. You must use Zoomission under your own identity, without assuming the identity of another person, living, dead or imaginary.
Should you provide false, incorrect, outdated or incomplete information, Zoomission reserves the right to suspend or terminate your account and to deny you access to the site, in its entirety or in part, effective immediately and indefinitely.
Zoomission is not required to verify the exactitude or the authenticity of users' registration information.
Zoomission disclaims all responsibility with regards to possible conflicts that could arise with other software when using its service on the user's computer.
Customers, you can ask for quotes, review contractors profile and and reply/send messages to contractors.
Guest Membership for Contractors, with Guest Membership you can receive alerts when new projects are posted in your area, however, you will not be able to send messages, quotes or have access to customers personal information.
Pro Membership for Contractors, with Pro Membership you can send messages and quotes to customers, access customers personal contact information upon customer approval and view precise location of the customer on a map. Pro Membership cost $39.00 USD / $39.00 CAD per month.
Sales and Refund Policy
All sales are final. No refunds or exchanges after subscription to one of our paid services, even if the service has not been used or in the event of any breakage to your computer equipment during the valid period of your package.
Price: Prices for our services are indicated in US and Canadian dollars.
For users located in Quebec (by his/her postal code), our prices does not include QST (Quebec sales tax) and GST (goods and services tax).
For users located elsewhere in Canada, our prices does not include GST (goods and services tax).
No tax shall apply for a purchase made by a user located outside of Canada.
End of usage rights: the end of your subscription to a paid service does not automatically cancel your account since you are allowed to continue using the free services.
To delete your account definitively, please send us an email at email@example.com.
Zoomission Ownership Rights
This site is the property of Zoomission. The site and its contents (including but not limited to (1) the textual content, (2) the photos, (3) the graphics, (4) the page layout, (5) the concept presented by and as part of the Zoomission service) are the property of Zoomission or third parties, protected under trademarks, patents, copyright or property rights. Any unauthorized use constitutes an infringement punishable by law.
You are allowed to access and use the site and its content on a personal computer, for personal or commercial use. Moreover, using this site, in its entirety or in part, on another website, computer network or any other medium is prohibited. Separating, inverting, disassembling or copying and/or reading the code used by the site's software in order to examine, copy, or create a derivative product based entirely or in part on the site's software is strictly prohibited, except when permitted by law. No part of the site can be reproduced, published, copied, saved, posted, transmitted, broadcast or distributed in any way, except when permitted by law, unless you have first received the authorization to do so from Zoomission.
The trademarks registered to Zoomission, including the trademark Zoomission and its respective graphic representation cannot be copied, traced or used, in its entirety or in part, without first obtaining specific authorization from Zoomission. Moreover, the page headings, the customized graphics, icons, and font are trademarks and/or product presentations registered to Zoomission that cannot be copied, traced or used, in their entirety or in part, without first obtaining the specific authorization of Zoomission. The other trademarks or their respective graphic representations are the property of their respective owners.
In view of the volume of information exchanged, control of the content appearing on the Zoomission site can only be limited. Therefore, Zoomission does not ensure the authenticity, probity or the honesty of the content.
You understand and accept that:
1. You use the Zoomission service at your own risk.
2. Each user is responsible for his or her behaviour and interactions with the site's users.
3. Each user is responsible for the content, information, or any other element that he or she shares with the site's users. These elements are transmitted "as is", without any expressed or implied warranty of any kind, with regards, in particular, to the exactitude or validity of trademarks or any content displayed on the site.
4. The information and content included on, or made available by, this service can be inaccurate or contain typographical errors.
5. Zoomission and/or it's respective suppliers can make changes to the site at any time in an effort to improve and/or modify the service and/or its content.
6. The present Terms of Service take precedence over any other information or counsel, oral or written, that you may have received from Zoomission.
Under no circumstance can Zoomission be held responsible for, and without limiting the generality of, the content, errors or omissions in the content, any damage consequential to the use of the information displayed, transmitted via email or via any other means of communication on the site. Zoomission cannot be held responsible for any direct or indirect damages that may occur when using, or, on the contrary, being unable to use the site.
Customer Review / User Feedback
All Contractors will be subject to feedback evaluations from Customers if, after Expressing Interest, a Service Agreement is reached to carry out some or all of the job advertised or similar or related work.
Contractors understand that Zoomission is not responsible for the feedback content that those Customers post, or any harm done by such content.
The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, Zoomission may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to a Contractor is responsible for its accuracy and legality.
All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
Zoomission performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.
No warranty or endorsement
Zoomission is providing the Site only for purposes of connecting you to contractors. Your use of the Site is at your sole risk.
Although we take certain steps to examine the credentials of contractors, we make no guarantees or representations regarding the skills of any contractor or the quality of the job that contractors may perform for you if you elect to retain their services. We strongly encourage you to ensure that these contractors are appropriately licensed and insured for the work you are requesting to be performed, and to do any further investigation into their references and background as you deem necessary.
Zoomission does not endorse or recommend the services of any particular contractor. It is entirely up to you to enter into a direct contract or otherwise reach an agreement with a contractor, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The contractors are not employees or agents of Zoomission, nor is Zoomission an agent of the contractors. Zoomission does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with contractors are solely governed by the terms of such contracts and by applicable federal, provincial and local laws.
Dispute of contractor
Should you have a dispute with any contractor, you must address such dispute with the contractor directly. Zoomission will not work to resolve any disputes between you and a contractor and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of contractors. In exchange for the privilege of accessing the Site, you hereby agree to release Zoomission, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers and other partners from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more contractors.
Limitation of liability
Zoomission cannot guarantee that the site will be available at all times, without interruption or error, nor that its site or servers that ensure that the site's online availability are virus-free or will not malfunction. Therefore, though every possible effort is being made to ensure that the information is accessible and the system is functional, users must not assume that there are any guarantees as to the site's exactitude, reliability or connection. Zoomission does not guarantee that the site, in part or in its entirety, will not infringe on the rights of others and is not responsible for any errors or omissions of any kind on the site.
Zoomission cannot guarantee that each user will achieve his or her goals or aspirations by using this site. Zoomission only provides the tools and means to its users.
Moreover, Zoomission cannot be held responsible, in any way, for any losses or damages resulting from the use or the inability to use the content, information, software, services or any other content made available on the Zoomission, in part or in its entirety, for any reason, even if Zoomission had been warned that such losses or damages could occur. In this case, you alone must bear the cost of any repair or correction service that could consequently be incurred.
Finally, you agree that Zoomission shall have no liability for direct, indirect, general, special, compensatory incidental, consequential (including lost profit), exemplary or punitive damages (even if Zoomission has been advised of the possibility of such damages) in any way arising out of or connected with access to, use of or reliance of this site or of the Zoomission services. Zoomission disclaims all liability for any damages whatsoever, whether direct, indirect, general, special, compensatory, incidental, consequential (including lost profit), exemplary or punitive damages (even if Zoomission has been advised of the possibility of such damages) arising out of or relating to the conduct of anyone in connection with the use of the site or of the Zoomission services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from services performed by a contractor.
Sending, creating or responding to messages (spam) that could have a prejudicial effect on the site's functioning or that could prevent users from normally using this site is prohibited.
Reproducing, selling, reselling or operating, in any way, the services or the access to the services offered on the site is prohibited.
When a lawsuit is brought against Zoomission, following an infringement or violation of the Terms of Service caused by you, you accept to compensate Zoomission (including its employees, administrators, representatives, distributors and affiliated members) by paying money damages equivalent to the costs incurred (including legal fees) and compensation for damage sustained.
Links to Other Sites
The site contains links to other Internet sites, over which Zoomission has no control. You understand and accept that Zoomission cannot be held responsible for the content or aspect of these sites.
Zoomission would especially like to remind you that we do not monitor the information on these other sites. We strongly encourage you to be aware of the security and privacy policies of these sites before engaging in any transaction with them.
Modification to or Termination of the Zoomission Service
You recognize that Zoomission can, at its sole discretion, change your password, terminate your account or your access to the site and to information or files pertaining to your account. Zoomission can deny you access at a later date to this information, these files or service UNLESS a written mutual agreement has been reached.
Zoomission can also delete, including and without limitation, content or services, in part or in their entirety, for whatever reason, if Zoomission believes that you have violated the terms or the intent of the Terms of Service.
Zoomission reserves the right to modify or temporarily or permanently terminate its service, at any time, in part or in its entirety and with or without notice. However, whenever possible, Zoomission will warn users should their access to the service be terminated or suspended.
You recognize that Zoomission cannot be held responsible towards you or any other party if its service is interrupted or terminated.
Modifications to the Terms of Service
These Terms of Service were created June 19, 2009.
Agreement Between Zoomission and Its Users
These Terms of Service constitute the agreement between Zoomission and its users. This agreement takes precedence over any other preceding or related agreement.
Governing Laws and Jurisdiction
These Terms of Service are subject to the laws of Quebec and Canada. You expressly recognize that any action you initiated by yourself, Zoomission or any other party to enforce these Terms of Service or any other component relative to the site must be exclusively presented to the District of Montreal.
If a provision of this site is declared invalid, null or unenforceable, for whatever reason, this provision will be deemed severable and will not affect the validity or the enforceability of the other provisions of this site.