Last Updated: April 4, 2018
Binners Technologies Inc. (“Binners”, “we”, or “us”) provides a service which, amongst other things, allows you as a user (a “user” or “you”) to receive waste removal services from third party providers of such services under agreement with Binners (“Removal Partners”). For greater certainty, “Services” shall include any service or product we make available to or perform for you through the Site (as hereinafter defined). The web page at http://www.binners.com/, all linked pages under such domain, and any mobile applications or desktop applications made available to you by Binners, together form the “Site”.
This document sets forth the terms and conditions that apply to your use of the Site. By using or accessing the Site and/or the Services, whether manually or by automated means, you agree to these terms. If you have any questions or concerns, please do not hesitate to contact us.
We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.
The Site and Services are intended for use only by those individuals who are of the age of majority in their jurisdiction. If you are not of the age of majority in your jurisdiction, you are not authorized to use the Site or Services without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you warrant that you have the express permission of your parent or legal guardian to use the Site and the Services. If you are a parent or legal guardian and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.
You are solely responsible for your interactions with other users of the Site and Services (including Removal Partners). We reserve the right, but are under no obligation, to monitor disputes between you and other users, including between you and a Removal Partner.
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of the Site or Services.
You may purchase waste removal services (“Waste Removal”) using the Services according to the pricing, timing, and other terms set forth on the Site or otherwise communicated to you by Binners (the “Removal Order Conditions”) will be set forth on the Site and you agree that your purchase of Services shall be governed by the Removal Order Conditions and these Terms. No modifications to the Removal Order Conditions shall be effective unless agreed to in writing by you and Binners.
By agreeing to purchase a Waste Removal, you agree to pay the fees specified for such Waste Removal according to the payment schedule and terms communicated to you on the Site, through the Services, or otherwise for such Waste Removal. Unless otherwise specified, fees will be due and payable upon purchase. Binners reserves the right to deny provision of any Services in the event that any fees are then owing by you to Binners.
By agreeing to purchase a Waste Removal, you agree that you are solely responsible, and financially responsible, for any fees issued by the federal governmental, provincial government, or municipality while completing the Services. In the event that any of these fees were paid by Binners, you agree to be billed the full amount of the fee plus an additional service fee.
In order to submit an order for Services (an “Order”), you may be required to include certain information, including, but not limited to: (i) location where the Services will be provided (the “Service Location”); (ii) type of Services required (including either the items to be removed or the quantity of items to be removed, or both); and (iii) the desired time when the Services will be provided (the “Service Time”). Once you have submitted an Order, we will confirm the price of such Order to you (the “Quoted Price”). By accepting the Quoted Price, you are irrevocably agreeing to use the Services and make payment of the Quoted Price. It is your responsibility to ensure that all information included in connection with your Order is accurate.
Once you have submitted an Order, you will be automatically connected with a Removal Partner who will provide the Services to you. Once the Removal Partner has commenced the provision of the Services, you will be notified and your Order will be deemed to be “In Progress”. You may update the Service Time and Service Location at any time prior to the point when your Order is In Progress, provided, however, that any modifications to the Service Time or Service Location may necessitate a change in the Quoted Price. If the Quoted Price changes, you will be asked to confirm your acceptance of such altered Quoted Price. By accepting such updated Quoted Price, you are irrevocably agreeing to use the Services and make payment of the Quoted Price. If you wish to change the Service Time or Service Location after your Order is In Progress, Binners may, in its sole discretion: (i) terminate the Order; or (ii) charge you additional fees.
You acknowledge and agree that (i) Binners may refuse any Order in its sole discretion; and (ii) Binners may not be able to collect all types of junk.
You are solely responsible for confirming that the Services have been completed upon their completion. In the event that you confirm that the Services were completed as per your Order, you will have no recourse against Binners or a Removal Partner in relation to any allegations that the Order was not carried out as per the particulars of such Order. In the event that we do not receive your confirmation that Services have been completed within two (2) hours of their completion, you will be deemed to have accepted the Services and shall have no recourse against Binners or a Removal Partner with respect to such Services or any deficiency with the same.
By agreeing with Binners to act as a Removal Partner, you acknowledge and agree that you are not permitted to perform any services in your capacity as a Removal Partner until and unless you have executed Binners’ then current form of contractor agreement (the “Removal Partner Agreement”). To the extent that any of the terms of the Removal Partner Agreement conflict with the terms of these Terms, the terms of the Removal Partner Agreement shall prevail.
You understand you will be responsible for paying all fees and applicable taxes associated with using the Services. You will be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make using the Site and/or Services.
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Binners has reasonable grounds to suspect that such information is inaccurate, Binners may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an account with Binners, in which case you will have to create a username and password and to provide registration information, which may include, but not be limited to, a name, e-mail address, address, phone number, password, date of birth, business name, and display photo.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your Site and/or Services credentials. You must notify Binners immediately of any unauthorized use of your password or account or any other breach of security. Binners assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. Binners may require that you change your password prior to accessing the Site and/or Services at any time.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
If you are under the age of majority in your jurisdiction then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Site and/or Services.
Binners reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when Binners posts the same to the Site and/or the Services or otherwise communicates the same to you. Binners may, in its sole discretion, change some or all of Services at any time. In the event Binners introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service. Unless otherwise stated, all fees are quoted in the currency specified in connection with such quote and do not include applicable taxes.
As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Binners. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
Binners shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in Binners’s sole discretion is inappropriate, objectionable or in violation of these Terms.
Binners neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by Binners, our employees, or a third party. Under no circumstances will Binners be liable for any loss or damage of any kind caused by reliance on information obtained through the Site and/or Services. Neither Binners nor any third-party content provider shall assume or have any liability for any action or inaction by Binners or any third-party content provider with respect to any conduct, communication or posting on the Site and/or the Services.
Your use of any third-party service provider in connection with the Services, including, but not limited to (i) payment service providers such as Stripe and RBC; and (ii) third-party application providers such as Apple Inc. or Google Inc. is governed by such third-party service provider’s then applicable terms and conditions and, to the extent that you make use of a third-party provider in connection with the Services, you hereby agree to abide by such terms. Any fees charged by a third-party service provider in connection with your use thereof shall be your sole responsibility. Binners uses Typeform to facilitate our Removal Partner onboarding process. Typeform’s terms and conditions are available here.
Binners may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms, provided, however, that if any fees are payable by you to Binners at the time of such termination, such fees shall remain due and owing. Any fees which are not yet payable by you to Binners will no longer be payable upon such termination unless you are otherwise advised by Binners upon such termination. Any fees which you have paid in advance which have not been applied towards the provision of Services by Binners at the time of termination will be refunded to you through the same payment method you used to make payment of such fees.
Upon termination of your account, your license to use the Site and Services will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your Binners account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Site and/or Services may provide, or third parties may provide, links to other websites or resources. Because Binners has no control over such sites and resources, you acknowledge and agree that Binners is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Binners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
By submitting content to the Site or through the Services (“User Generated Content”), you are granting us ownership of such User Generated Content and are waiving your “moral rights” with respect to the same. However, by submitting your User Generated Content to Binners, you retain a worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to use the User Generated Content in any way you would like.
Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.
By submitting User Generated Content to the Site and/or through the Services, you hereby represent and warrant to Binners that, unless otherwise indicated by you in writing, the User Generated Content: (i) complies with these Terms; (ii) are your original works and do not infringe on the intellectual property rights of any third party; (iii) that use of such User Generated Content in compliance with these Terms shall comply with all local, provincial, and federal laws; (iv) that your use or sharing of such User Generated Content in connection with your use of the Site and/or Services does not violate any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (v) your use or sharing of the User Generated Content does not result in a breach of contract between you and a third party; and (vi) you (or the creator of) such User Generated Content have waived any and all moral rights in and to the User Generated Content.
Unless you are advised otherwise, everything you see or read on the Site and/or Services (including anything sent to you by Binners via electronic communication) is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Binners. Content contained on the Site and/or the Services may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Binners.
The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Binners reserves the right to enforce its intellectual property rights where applicable.
You will indemnify, defend, and hold harmless Binners its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, , licensees, successors and assigns (the “Binners Parties”) with which you interact through the Site or the Services against any actual or threatened third-party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon any breach of these Terms or from any representation or warranty contained herein and made by you which was or is at any time false, and indemnify the Binners Parties from all damages, costs, and attorneys’ fees finally awarded in any such Claim against the Binners Parties. Your obligation under this section is contingent on: (a) the Binners Parties giving you prompt written notice of the Claim, provided that notice given by way of the e-mail address most recently provided by you shall be deemed to be effective notice; (b) the Binners Parties granting you full and complete control over the defense and settlement of the Claim; (c) the Binners Parties providing assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) the Binners Parties’ compliance with any settlement or court order made in connection with the Claim, provided that you may not agree to any settlement that imposes any obligation on Binners Parties without Binners Parties’ consent. Binners Parties will not defend or settle any Claim eligible for indemnification under this section without your prior written consent.
You hereby expressly and irrevocably release and forever discharge Binners, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns with whom you interact through the Site or Services, of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and/or the Services, including but not limited to (i) any interaction with a Removal Partner or other user of the Site or Services not authorized by these Terms; (ii) any damage to your personal property; (iii) any personal injury sustained by you; or (iv) erroneous disposal of materials by a Removal Partner.
In no event shall Binners be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site and/or the Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (the aggregate) of the amounts paid to Binners by the party claiming liability in the twelve (12) months immediately preceding the date on which such liability is alleged to have arisen.
THE SITE, THE SERVICES, AND THE USER GENERATED CONTENT AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY BINNERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER BINNERS NOR ANY REMOVAL PARTNER MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BINNERS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
FURTHER, NEITHER BINNERS NOR ANY REMOVAL PARTNER MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE SERVICES AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BINNERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE AND/OR THE SERVICES. BY USING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE AND/OR SERVICES, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. NEITHER BINNERS NOR ANY REMOVAL PARTNER WARRANTS OR GUARANTEES THAT THE SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF BINNERS ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, NEITHER BINNERS NOR ANY REMOVAL PARTNER GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND BINNERS, OR BETWEEN YOU AND ANY OTHER USER OR REMOVAL PARTNER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
You acknowledge and agree that Binners enables you to receive Waste Removal services from authorized third party providers of such services (the Removal Partners). You acknowledge that your ability to receive Waste Removal services from a Removal Partner does not establish Binners as the provider of such services (except to the extent that the person performing the Services is a Binners Employee, in which case your relationship is with Binners directly).
YOU ACKNOWLEDGE AND AGREE THAT BINNERS HAS NO RESPONSIBILITY OR LIABILITY TO YOU WITH REPSECT TO OR RELATED TO ANY SERVICES PROVIDED BY A REMOVAL PARTNER WHO IS NOT A BINNERS EMPLOYEE OTHER THAN EXPRESSLY SET FORTH HEREIN.
Binners maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Binners may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Binners strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Binners will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to Binners, you are communicating with us electronically. You consent to receive communications from Binners electronically. Binners may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Binners provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms are in addition to, and do not nullify, any other agreement between you and Binners or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Binners, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Binners administers and operates the Site and Services from its location in Ontario, Canada. Although the Site and Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site and/or Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Binners reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Ontario, you do so on your own initiative and you are solely responsible for complying with applicable local laws. By agreeing to receive Services, you are representing to Binners that your receipt of Services is authorized in your jurisdiction and is not prohibited by any law, order, decree, regulation, or otherwise.
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Binners in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Neither Binners nor any Removal Partner shall be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Binners or Removal Partner’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Binners may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
These Terms are made under and governed by and are to be construed in accordance with the laws of Province of Ontario and the federal laws applicable therein. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of this Agreement.
All notices or other correspondence to Binners under this Agreement must be sent to the following electronic mail address for such purpose: email@example.com.
Or to the following physical address:
60009 – 260 Queen St W, Toronto, ON, Canada, M5V 0C5