TERMS AND CONDITIONS OF SERVICE FOR SERVICE PROVIDERS

SERVICE AGREEMENT

This Service Agreement is entered into by and between Yardu Inc., a company registered under the laws of Canada (“Yardu” or “Company”), and the Service Provider (“Service Provider” or “Contractor”), whose details are provided in the application form.

By accepting the terms of this Service Agreement and providing services through the Yardu app, the Service Provider agrees to the terms set forth in this Service Agreement.

A. DEFINITIONS

Service Provider: An individual or entity approved and registered by Yardu to provide services through the Yardu app.
Service: Any services provided by the Service Provider through the Yardu app, including, but not limited to, lawn mowing, snow clearing, or other related services as requested by homeowners on the Yardu app.
Indemnified Party: Yardu, including its officers, directors, employees, agents, affiliates, and representatives.
Homeowner: The individual or entity requesting the service through the Yardu app.

B. OBLIGATION TO PROVIDE SERVICE

Any Service Provider who accepts a homeowner’s service requests becomes obligated to provide the accepted service at the date and approximate time specified in the request. If after accepting a service request, the Service Provider discovers that they are no longer able to provide the service, they must visit the Yardu app and decline the request preferably no later than three hours to the specified time of service. By accepting a service request, the Service Provider agrees to:

a) Provide the services requested by the Homeowner in a timely, professional, and satisfactory manner, in accordance with Yardu’s standards, guidelines, and policies.
b) Cooperate with any investigations or inquiries conducted by Yardu into homeowner complaints.
c) Acknowledge that Yardu has the right to withhold payment and refund the Homeowner if the Service Provider fails to meet the expectations of the homeowner or the service request as outlined in this Service Agreement.
d) Report immediately to Yardu along with evidence, if upon arriving at the service location they discover that the property and nature of work is not as described by the homeowner in the service booking. Service Providers may decline and cancel their initially accepted request upon discovering that the homeowner had provided inaccurate information about the type of
property and nature of the work in the service booking. Service providers cancelling service requests due to misinformation by the homeowner will be compensated at 10 percent of the pre-tax amount charged for the requested service.

C. PAYMENT PROCESSING AND REFUND

I. Payment to Service Provider: Payment to the Service Provider will be processed only after Yardu has determined that the service has been provided satisfactorily, in compliance with the terms and conditions of the service request.
II. Refund to Homeowner: Yardu reserves the right to withhold payment to the Service Provider and refund the corresponding payment to the Homeowner under the conditions listed below. If payment is withheld from the Service Provider, Yardu will issue a refund to the Homeowner for the amount paid for the service, based on the level of service provided or the lack of service.

D. CONDITIONS TO WITHHOLD PAYMENT

i. Failure to Provide Service: If Yardu determines that the requested service was not provided at all to the Homeowner (for example, the Service Provider did not show up to the scheduled appointment or did not perform any work), Yardu has the right to withhold payment to the Service Provider and refund the full payment to the Homeowner.
ii. Insufficient Service Provided: If Yardu determines that the requested service was insufficiently provided, meaning the Service Provider failed to meet the agreed-upon standards, specifications, or quality for the service as described in the service request or as expected by the homeowner, Yardu has the right to withhold payment and refund a portion or all of the payment to the Homeowner.
iii. Homeowner Complaint: If the Homeowner files a complaint with Yardu regarding the unsatisfactory performance or non-performance of the service, and Yardu deems the complaint to be valid based on its investigation and the Service Provider’s failure to meet expectations, Yardu has the right to withhold payment and refund the Homeowner.

E. INVESTIGATION AND DETERMINATION

I. Investigation Process: Yardu will conduct an investigation to assess the validity of the Homeowner’s complaint, or the circumstances of the service provided. This may involve reviewing photos, written reports, communications between the Homeowner and the Service Provider, or other relevant materials.
II. Notification: The Service Provider will be notified of the withholding of payment and the reason for such action, including the details of the complaint or the issue. The Service Provider will be given an opportunity to provide their explanation, evidence, or other relevant information to defend against the withholding of payment.
III. Final Determination: Yardu will make a final determination regarding the withholding of payment. If it is determined that the Service Provider failed to adequately perform the service, Yardu will withhold payment and refund the Homeowner the appropriate amount, either fully or partially, depending on the level of service provided.

F. RESPONSE AND DISPUTE RESOLUTION

I. Service Provider’s Response: If the Service Provider disputes Yardu’s decision to withhold payment, they must notify Yardu in writing within 10 days of receiving the notification of payment withholding. The dispute will then be handled in accordance with Yardu’s standard dispute resolution procedures.
II. Dispute Resolution: If a resolution is not reached between the parties, the dispute may be escalated for arbitration, as set forth in the terms and conditions of Yardu’s app, under the laws of Canada.

G. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of Canada and applicable laws in the province where the service is provided, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be resolved through mediation and then arbitration (if necessary) in Canada in accordance with the applicable rules. Nothing in this clause shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction, where such relief is necessary to prevent irreparable harm.

H. NO EXCHANGE OF PERSONAL INFORMATION

The Service Provider shall not provide any personal information such as phone numbers, email addresses, social media handles, or physical addresses to the homeowner. The Service Provider also must not request for or receive the personal information of the homeowner other than having
access to the homeowner’s service address for the purpose of providing service at the specified time. All voice calls, messages and texts messages between the Service Provider and the homeowner must occur through the Yardu app. These will form part of our records in the events of homeowner complaints, disputes and investigations. Any violation of this clause may result in immediate suspension or termination of the Provider’s account, cancellation of pending services, and potential legal action where applicable. Yardu reserves the right to investigate any reported breaches and take appropriate action to protect the integrity of the app.

I. SUSPENSION OR TERMINATION OF ACCOUNT

Yardu reserves the right to suspend or terminate the account of a Service Provider if it determines that the Service Provider has violated any part of this Service Agreement or if it deems such suspension or termination to be necessary for the effective investigation of a homeowner complaint or issue.

J. PRIVACY AND DATA USE

Your use of the app is subject to Yardu’s Privacy Policy, which describes how we collect, use, and protect your personal information. Refer to Section 4 below for our Privacy and Data Use Policy.

K. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced by a valid provision that reflects the intent of the original provision as closely as possible.

L. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between Yardu and the Service Provider regarding payment withholding and refund, and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, related to this subject.

M. AMENDMENTS

Yardu may update this Agreement from time to time. You will be notified of significant changes, and continued use of the app constitutes acceptance of the revised terms.

BY PROCEEDING TO USE THE YARDU APP OR ACCEPT SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS SERVICE AGREEMENT

SAFETY REGULATIONS AND STANDARDS FOR SERVICE PROVIDERS

Yardu Inc. is committed to ensuring the safety and well-being of our homeowners and service providers. As a Service Provider on the Yardu app, you agree to adhere to the following safety regulations and standards to promote a safe and secure working environment.

By signing up as a Service Provider, you acknowledge and agree to comply with these regulations. Failure to adhere to these guidelines may result in suspension or termination of your account.

A. GENERAL SAFETY PRACTICES

Personal Protective Equipment (PPE): Service providers must wear appropriate PPE, including but not limited to gloves, sturdy footwear, eye protection, and any other necessary gear specific to the task.
Weather-Appropriate Attire: Service providers must dress appropriately for the weather conditions, ensuring proper protection from heat, cold, or wet conditions.
Safe Handling of Equipment: All equipment used (e.g., lawnmowers, snow blowers, shovels) should be maintained in good working condition. Regular inspections should be conducted to ensure they are safe to use.
First Aid Knowledge: Service providers should have basic first aid knowledge and be prepared to handle minor injuries or emergencies.

B. SERVICE-SPECIFIC SAFETY GUIDELINES

Lawn Mowing Safety:
o Ensure the lawnmower is well-maintained, with all safety guards in place.
o Always inspect the area for potential hazards (e.g., rocks, branches, debris) before starting the lawnmower.
o Do not operate a lawnmower in wet or slippery conditions.
o Avoid operating the mower near people, pets, or vehicles.
Snow Clearing Safety:
o For snow clearing services, always inspect the area for obstacles before starting work (e.g., steps, curbs, hidden objects).
o Ensure snow removal equipment is well-maintained and free of debris.
o Use proper lifting techniques when handling snow manually to avoid injury.
o Wear appropriate winter clothing to prevent frostbite or other cold-related injuries.

C. HOMEOWNER INTERACTION AND PROPERTY PROTECTION

Respect the Property: Service providers must respect the homeowner’s property, avoiding damage to lawns, driveways, or any structures.
Clear Communication: Always maintain clear communication with the homeowner regarding the service being performed, any delays, or issues that may arise during the service.
Homeowner Privacy: Service providers must respect the privacy of homeowners and must not provide their personal information or solicit the personal information of homeowners, such as phone numbers, email addresses or social media handles. All voice calls or text communications between the service provider and the homeowner must only be for the purpose of providing the specified service and must occur only through the Yardu app.
Liability and Damage: Service providers would be responsible for any damage that they cause during the performance of services. In case of accidental damage, promptly inform Yardu and the homeowner.

D. HEALTH AND SAFETY PROTOCOLS

Health Screening: Service providers must ensure they are in good health and physically capable of performing the tasks requested. If you have a physical or health condition and are unsure of your ability to safely provide services, consult with your health practitioner. By agreeing to these conditions of service, you acknowledge that you are in good physical and
health condition to provide services using the Yardu app.
Infectious Diseases Safety Measures: Service providers must comply with all local health guidelines concerning COVID-19 or other infectious diseases. This may include wearing masks, maintaining social distancing, and using sanitizing products.
Drug and Alcohol Use: Service providers must not be under the influence of drugs or alcohol while performing services. This includes prescription medication that may impair the ability to work safely.

E. VEHICLE AND TRANSPORT SAFETY

Vehicle Condition: Service providers must ensure that any vehicle used to travel to and from job sites is in safe working condition, including brakes, lights, tires, and fuel levels.
Safe Driving: Service providers must adhere to all traffic laws and drive safely to and from service locations. Speed limits, road conditions, and other safety factors must be considered at all times.
Transportation of Equipment: Equipment should be securely transported to prevent accidents or damage during transit.

F. EMERGENCY PROTOCOLS

Emergency Contact: Service providers must have an emergency contact available at all times while performing services.
Accidents and Incidents: In case of an accident, injury, or damage, Service providers must immediately inform Yardu and the homeowner. All incidents must be documented accurately, including any potential injuries or damages that occurred.
Emergency Services: If an incident occurs that requires emergency services, the service provider must immediately contact emergency services (911 or local equivalent) and take necessary steps to stay out of danger until help arrives.

G. COMPLIANCE WITH LOCAL LAWS

Regulatory Compliance: Service providers must comply with all relevant local, state, or federal laws, including those related to safety, environmental protection, and labour regulations.
Insurance Requirements: Service providers must maintain adequate liability insurance coverage as required by local regulations to protect against potential damages or injuries that occur while providing services.

H. TRAINING AND CERTIFICATION

Ongoing Training: Service providers must complete any necessary training required by Yardu to stay updated on safety protocols, equipment usage, and service standards.

I. SUSPENSION OF SERVICE PROVIDER FOR NON-COMPLIANCE

Yardu reserves the right to suspend a service provider and remove them from the Yardu app
for non-compliance with these safety regulations and standards.

J. AMENDMENTS

Yardu may update these regulations and standards from time to time. You will be notified of significant changes, and continued use of the app constitutes acceptance of the revised terms.

BY PROCEEDING TO USE THE YARDU APP OR ACCEPT SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR SAFETY REGULATIONS AND STANDARDS.

INDEMNITY AGREEMENT

This Indemnity Agreement (the “Agreement”) is entered into by and between Yardu Inc., a company registered under the laws of Canada (“Yardu” or “Company”), and the Service Provider (“Service Provider” or “Contractor”), whose details are provided in the application form.

By accepting the terms of this Agreement, the Service Provider agrees to indemnify and hold harmless Yardu, its officers, directors, employees, agents, affiliates, and representatives, as set forth in the following sections.

A. DEFINITIONS

Service Provider: An individual or entity approved and registered by Yardu to provide services through the Yardu app.
Service: Any services performed by the Service Provider under the Yardu app, including, but not limited to, lawn mowing, snow clearing, or other related services as requested by homeowners on the Yardu app.
Indemnified Party: Yardu, including its officers, directors, employees, agents, affiliates, and representatives.
Homeowner: The individual or entity requesting the services through the Yardu app.

B. INDEMNIFICATION OBLIGATION

The Service Provider agrees to indemnify, defend, and hold harmless Yardu (the “Indemnified Party”) from and against any and all claims, actions, demands, suits, liabilities, losses, damages, costs, and expenses (including reasonable attorney’s fees) arising from or relating to:

a) Injury or Death: Any injury, harm, or death to the Service Provider, the homeowner, or any third party, arising out of or in connection with the Service Provider’s actions, negligence, inactions, or failure to perform services, or the actions or negligence of the homeowner during the provision of the services, or any injury, harm, or death arising from events beyond reasonable control such as natural disasters, satellite, electricity, telephone or internet outages, etc.
b) Property Damage: Any damage to property (whether owned by the Service Provider, the homeowner, or any third party) arising from the Service Provider’s actions, negligence, or failure to perform services, or any damage caused by the homeowner during the provision of services, or any damage arising from events beyond reasonable control such as natural disasters, satellite, electricity, telephone or internet outages, etc.
c) Negligence or Inaction: Any loss, harm, or damage resulting from the Service Provider’s negligence, wilful misconduct, or failure to exercise reasonable care or due diligence while performing services, including failure to follow Yardu’s policies or safety guidelines, or the actions or inactions of the homeowner during the service.
d) Failure to Comply with Laws: Any failure of the Service Provider or the homeowner to comply with applicable laws, regulations, or safety standards governing the services provided, including zoning, licensing, insurance, or other legal requirements.
e) Breach of Agreement: Any breach of the Service Provider’s contractual obligations under the agreement between Yardu and the Service Provider, including non-performance, poor-quality service, or other failures in the execution of the Service, or any failure by the homeowner to follow
Yardu’s guidelines or instructions
f) Legal Costs: Any legal costs incurred by Yardu, including but not limited to attorneys’ fees, litigation costs, and settlement fees, arising from or in connection with any claim or legal action involving the actions or inactions of the Service Provider or the homeowner during the provision of
services.

C. EXCLUSIONS FROM INDEMNIFICATION

The indemnity provisions under this Agreement shall not apply to claims, losses, or damages arising directly from the sole negligence, wilful misconduct, or gross negligence of Yardu or its employees.

D. INSURANCE REQUIREMENTS

The Service Provider agrees to maintain appropriate insurance coverage throughout the term of their participation on the Yardu app. Such insurance shall include, but not be limited to:

a) General Liability Insurance covering personal injury, property damage, and any other risks arising from the provision of services.
b) Workers’ Compensation Insurance (if applicable) to cover any injury to the Service Provider or its agents and affiliates while performing services.
Failure to maintain sufficient insurance may result in suspension or termination of the Service Provider’s access to the Yardu app.

E. COOPERATION WITH INVESTIGATIONS

In the event of any claim, lawsuit, or investigation arising from the Service Provider’s actions or inactions, or from the actions or inactions of the homeowner during the provision of services, the Service Provider agrees to cooperate fully with Yardu and any relevant authorities. This includes providing any documents, records, or other materials that may be requested by Yardu or any other party involved in the investigation or legal proceeding.

F. TERM AND TERMINATION

This Agreement shall remain in effect for the duration of the Service Provider’s participation on the Yardu app. The Service Provider’s indemnification obligations shall survive termination or suspension of their relationship with Yardu and shall apply to any claims or actions arising out of the Service Provider’s conduct during the term of the Agreement.

G. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of Canada and applicable laws in the province where the service is provided, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be resolved through mediation and then arbitration (if necessary) in Canada in accordance with the applicable rules. Nothing in this clause shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction, where such relief is necessary to prevent irreparable harm.

H. SEVERABILITY

I. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between Yardu and the Service Provider regarding indemnification and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, related to indemnification.

J. AMENDMENTS

Yardu may update this Agreement from time to time. You will be notified of significant changes, and continued use of the app constitutes acceptance of the revised terms.

BY PROCEEDING TO USE THE YARDU APP OR ACCEPT SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS INDEMNITY AGREEMENT.AND AGREE TO BE BOUND BY THIS INDEMNITY AGREEMENT.

PRIVACY AND DATA USE POLICY

Yardu is committed to protecting your privacy and safeguarding the information you provide to us. This Privacy and Data Use Policy outlines how we collect, use, store, and disclose your information in connection with your use of the Yardu application and services.

A. COLLECTION OF INFORMATION

When you sign up and apply through the Yardu app, we may collect the following types of information:

Personal identification details (e.g., name, contact information, government-issued ID)
Application-related data (e.g., service types, equipment and location)
Transactional and usage data (e.g., service history, feedback, in-app interactions)
Device and technical data (e.g., IP address, browser type, operating system)

B. USE OF INFORMATION

The information collected is used to:

Provide and improve Yardu’s services
Match service providers with homeowners
Facilitate service provider and homeowner support
Comply with legal and regulatory requirements
Perform analytics, research, and service enhancement
Communicate updates, service changes, or promotional offers (with consent)
Facilitate dispute resolution where necessary

C. SHARING OF INFORMATION

Yardu does not sell or rent service provider or homeowner information to third parties. We may share your data only in the following circumstances:

With homeowners requesting services that you offer
With law enforcement or government authorities when required by law or court order
In connection with a merger, acquisition, or other business restructuring

D. DATA SECURITY

Yardu uses industry-standard security measures, including encryption, secure servers, and access controls to protect your data from unauthorized access, disclosure, alteration, or destruction.

E. YOUR RIGHTS AND CHOICES

You have the right to:

Access and update your personal information
Withdraw consent for data processing (subject to legal obligations)
Request deletion of your account and associated data
Opt out of promotional communications at any time

F. DATA RETENTION

Yardu retains Homeowner or provider data only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. When data is no longer required, we securely delete or anonymize it.

G. COOKIES AND TRACKING TECHNOLOGIES

The Yardu app may use cookies or similar technologies to enhance user experience, analyse trends, and administer the app. You can control cookie preferences through your device settings.

H. POLICY UPDATES

This Privacy and Data Use Policy may be updated periodically to reflect changes in our practices or legal requirements. We will notify users of significant changes through the app or by email, and continued use of the app constitutes acceptance of the updated policy.

BY PROCEEDING TO USE THE YARDU APP OR ACCEPT SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR PRIVACY AND DATA USE POLICY.

YARDU APP USE POLICY

The Yardu App is the primary platform through which Homeowners and Service Providers interact, schedule services, and manage their accounts. To ensure a safe, reliable, and respectful environment, all users must adhere to the following App Use Policy. These guidelines apply to all
activities conducted within the Yardu App.

A. AUTHORIZED USE ONLY

Access to and use of the Yardu App is granted solely to registered Homeowners and Service Providers for the purpose of requesting, delivering, or managing services offered through the platform. Unauthorized access, use, or distribution of the app’s content, functionality, or systems is strictly prohibited.

B. ACCOUNT SECURITY AND ACCESS

Users are solely responsible for maintaining the confidentiality of their login credentials and for all activity conducted under their Yardu account. Neither Yardu nor the platforms through which the Yardu App is distributed shall be liable for any loss, damage, or unauthorized activity resulting from a user’s failure to protect their account information. Users must promptly notify Yardu if they suspect any unauthorized access, use, or security breach related to their account.

C. ACCEPTABLE USE AND CONDUCT

Users agree not to:

Use the app in any way that violates applicable laws or regulations;
Attempt to gain unauthorized access to Yardu systems or interfere with the operation of the platform.
Transmit any viruses, malware, or harmful code through the app;
Harass, threaten, or engage in abusive behaviour toward other users.
Use the platform to facilitate or promote illegal or fraudulent activities;
Misrepresent their identity, qualifications, or purpose when using the app.

D. PLATFORM INTEGRITY

Yardu reserves the right to monitor activity on the app to ensure compliance with this policy. Any use that Yardu deems to be abusive, disruptive, or harmful to the platform, users, or brand reputation may result in suspension or termination of the user’s account.

E. DEVICE REQUIREMENTS AND UPDATES

Users are responsible for ensuring their devices are compatible with the Yardu App and that they download and install all required updates. Failure to maintain a secure and updated device environment may limit app functionality and expose users to risk.

F. CONTENT AND COMMUNICATION

Users may not upload or share content that is unlawful, defamatory, obscene, or infringes on the intellectual property or rights of others. Yardu reserves the right to remove or restrict such content and take appropriate action, including notifying law enforcement if necessary.

G. DATA USAGE AND NETWORK ACCESS

Users acknowledge that they are responsible for any data charges incurred from their mobile network provider while using the Yardu App. Neither Yardu nor the platforms through which the Yardu App is distributed shall be liable for connectivity issues, slow performance, or other limitations resulting from the user’s internet or mobile service provider.

H. SUSPENSION AND TERMINATION

Violations of this App Use Policy may result in temporary suspension or permanent termination of the user’s Yardu account. Yardu reserves the right to take legal action for serious violations, including those involving fraud, abuse, or threats to platform security.

BY PROCEEDING TO USE THE YARDU APP OR ACCEPT SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR APP USE POLICY.