Last Updated: December 16, 2020
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and SnowChamp, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “SnowChamp, Inc.,” “we,” “us” or “our”) governing your use of the SnowChamp mobile application, website, and technology platform (collectively, the “SnowChamp Platform”). By entering into this Agreement, and/or by using or accessing the SnowChamp Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 18) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SNOWCHAMP PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE SNOWCHAMP PLATFORM.
The SnowChamp Platform provides a marketplace where persons who seek snow cleaning services* (“customers”) can be matched with snow cleaners in their geographical area. Customers can request a snow cleaning service from persons who are available to provide snow cleaning services in their area. (“SnowChamps”).
SnowChamps and Customers are collectively referred to herein as “Users,” and the snow cleaning services provided by SnowChamps to Customers shall be referred to herein as "Snow Cleaning Services." As a User, you authorize SnowChamp platform to match you with a SnowChamp or Customer based on factors such as the parking location of a vehicle, length of a driveway, the time of a request, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Snow Cleaning Services is a decision made in such User’s sole discretion.
*The snow cleaning requests can NOT be made for commercial vehicles. Please see below for a definition of commercial vehicle:
'Commercial motor vehicle'', a motor vehicle used in commerce designed or used to transport passengers or property which has a gross vehicle weight rating of twenty-six thousand and one or more pounds or such lesser rating as determined by federal regulation, or which is designed to transport more than 16 passengers, including the driver; or which transports hazardous materials and is required to be placarded in accordance with 49 CFR part 172, sub-part F. For purposes of section nine, ''commercial motor vehicle'' shall include any vehicle described in 49 CFR part 383.5, as well as any vehicle described in regulations promulgated by the registrar that adopt the applicable federal regulations.https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90F/Section1
SnowChamp, Inc. reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. SnowChamp, Inc. reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the SnowChamp Platform or Snow Cleaning Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The SnowChamp Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The SnowChamp Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the SnowChamp Platform, each User shall create a User account. SnowChamp, Inc. reserves the right to deactivate any additional or duplicate accounts.
As a Customer, you understand that request or use of Snow Cleaning Services may result in charges to you (“Charges”). Charges for Snow Cleaning Services include Charges and other applicable fees, plus any tips to a SnowChamp that you elect to pay. SnowChamp, Inc. has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Snow Cleaning Services. Pricing may vary based on the type of service you request (e.g. size of your vehicle, length of your driveway, time of your request).
SnowChamps payment. You are entitled to a payment for the Snow Cleaning Services you perform for Customers, as provided in the Agreement.
The “SnowChamps payment” for a completed snow cleaning service consists of a base payment plus incremental amounts based on the actual time and size of the vehicle and/or length of a driveway, as measured by the SnowChamp platform.
In some situations where a Customer cancels a Snow Cleaning request that you have accepted, you may earn a cancellation fee. See below for the Cancellation policy for SnowChamps
A Customer can cancel a request up to one hour prior to the time of a request. In that situation, you will not earn a cancellation fee. If a Customer cancels after one hour prior to the time of a service request, it will be considered a late cancellation, and a cancellation fee of up to 50% of original quoted charges may apply to the customer. A SnowChamp may earn a SnowChamps payment equal to a cancellation fee minus the service fee (see SnowChamp Fees below for more details). A SnowChamp may also earn a cancellation fee if a Customers fails to provide a correct parking location, address of a driveway, and a correct time of request for a Snow Cleaning Service.
Additional Payments to You. In addition to the SnowChamps payment, you will receive the following payments, if applicable: (i) any tips provided by a Customers to you
Payments, Adjustments and Settlement. SnowChamp, Inc. will collect payments owed to you by Customers and other third parties as your limited payment collection agent and you agree that the receipt of such payments by SnowChamp, Inc. satisfies the payer's obligation to you. SnowChamp, Inc. reserves the right to adjust or withhold all or a portion of a SnowChamps payment or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Customers, SnowChamp, Inc., or SnowChamp’s payment systems, or (ii) in order to resolve a Customer’s complaint (e.g., you failed to properly complete a service as described above). SnowChamp Inc.’s decision to adjust or withhold the SnowChamps payment or other payment in any way shall be exercised in a reasonable manner.
We will use reasonable efforts to ensure that your SnowChamps payment and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
SnowChamp, Inc. will collect a “Service Fee” for each snow cleaning service. The Service Fee includes both Stripe Application fee and SnowChamp platform fee.
Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). By using the SnowChamp Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of SnowChamp, Inc. enabling payment processing services through Stripe, you authorize SnowChamp, Inc. to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Snow Cleaning Services as contemplated by the Agreement and your relationship with SnowChamp, Inc. You further agree to provide accurate and complete information about you and your business, and authorize SnowChamp, Inc. to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. SnowChamp, Inc. reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
By entering into this Agreement or using the SnowChamp Platform, you agree to receive communications from us, including via e-mail, and push notifications. Communications from the SnowChamp platform, and from its affiliated companies may include but are not limited to: operational communications concerning your User account or use of the SnowChamp Platform or Snow cleaning Services, through the SnowChamp Platform, updates concerning new and existing features on the SnowChamp Platform, communications concerning promotions run by us or our third-party partners, and news concerning SnowChamp Platform and industry developments.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
, Inc., at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with SnowChamp, Inc. SnowChamp, Inc. reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that SnowChamp, Inc. determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. SnowChamp, Inc. reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
With respect to your use of the SnowChamp Platform and your participation in the Snow Cleaning Services, you agree that you will not:
By providing Snow cleaning Services as a SnowChamp on the SnowChamp Platform, you represent, warrant, and agree that:
All intellectual property rights in the SnowChamp Platform shall be owned by SnowChamp, Inc. absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the SnowChamp Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of SnowChamp, Inc. SnowChamp, Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge that SnowChamp, Inc. is the owner and licensor of the SnowChamp Marks, including all goodwill associated therewith, and that your use of the SnowChamp, Inc. logo (or any SnowChamp Marks) will confer no interest in or ownership of the SnowChamp Marks in you but rather inures to the benefit of SnowChamp, Inc. You agree to use the SnowChamp logo strictly in accordance with SnowChamp Inc.’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that SnowChamp, Inc. determines to nonconforming or otherwise unacceptable.
The following disclaimers are made on behalf of SnowChamp, Inc., our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
SnowChamp, Inc. does not provide Snow Cleaning Services. It is up to a SnowChamp to decide whether or not to offer a Snow Cleaning Service to a Customer contacted through the SnowChamp Platform, and it is up to the Customer to decide whether or not to accept a Snow Cleaning Service from any SnowChamp contacted through the SnowChamp Platform. We cannot ensure that a SnowChamp or Customer will complete an arranged Snow Cleaning Service.
SnowChamp, Inc. shall not be responsible for any loss or damage to User vehicle(s) and/or driveways as a result of User’s use of the Snow Cleaning Services. Nor shall SnowChamp, Inc. be responsible for any theft, loss or damage to User personal property located in or on User vehicle(s) and/or driveways as a result of User’s use of the Snow Cleaning Services.
The SnowChamp Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the SnowChamp Platform and/or the Snow cleaning Services, including the ability to provide or receive Snow cleaning Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the SnowChamp Platform or Snow cleaning Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the SnowChamp Platform will be corrected, or that the SnowChamp Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the SnowChamp Platform or Snow cleaning Services.
SnowChamp, Inc. is not responsible for the conduct, whether online or offline, of any User of the SnowChamp Platform. You are solely responsible for your interactions with other Users. By using the SnowChamp Platform and participating in the Snow cleaning Services, you agree to accept such risks and agree that SnowChamp, Inc. is not responsible for the acts or omissions of Users on the SnowChamp Platform or participating in the Snow cleaning Services.
You are responsible for the use of your User account and SnowChamp, Inc. expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the SnowChamp Platform (including any profile information you provide), send to other Users, or share during the Snow cleaning Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the SnowChamp Platform or through the Snow Cleaning Services. Please carefully select the type of information that you post on the SnowChamp Platform or through the Snow Cleaning Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Location data provided by the SnowChamp Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither SnowChamp, Inc., nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the SnowChamp Platform. Any of your Information, including geo-locational data, you upload, provide, or post on the SnowChamp Platform may be accessible to SnowChamp, Inc. and certain Users of the SnowChamp Platform.
SnowChamp, Inc. advises you to use the SnowChamp Platform with a data plan with unlimited or very high data usage limits, and SnowChamp, Inc. shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the SnowChamp Platform.
This paragraph applies to any version of the SnowChamp Platform that you acquire from the Apple App Store. This Agreement is entered into between you and SnowChamp, Inc. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the SnowChamp Platform. SnowChamp, Inc., not Apple, is solely responsible for the SnowChamp Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold SnowChamp, Inc. including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the SnowChamp Platform and participation in the Snow Cleaning Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, SnowChamps, Customers, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the SnowChamp Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) any other activities in connection with the Snow Cleaning Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL SNOWCHAMP, INC., INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SNOWCHAMP, INC.” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SNOWCHAMP PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SNOWCHAMP PLATFORM, THE SNOW CLEANING SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to SnowChamp, Inc.; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10 (a) through (f) of this Agreement.
In addition, SnowChamp, Inc. may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Snow cleaning Services; (2) you fall below SnowChamp, Inc.’s star rating or cancellation threshold; (3) SnowChamp, Inc. has the good faith belief that such action is necessary to protect the safety of the SnowChamp community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to SnowChamp, Inc.’s reasonable satisfaction prior to SnowChamp, Inc. permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to SnowChamp, Inc.’s satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to SnowChamp, Inc.’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, vehicle’s parking location, driveway’s address, vehicle’s details, contact information and photo (“Confidential Information”) disclosed to you by SnowChamp, Inc. for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the SnowChamp Platform any User Information obtained from the SnowChamp Platform.
As a SnowChamp on the SnowChamp Platform, you acknowledge and agree that you and SnowChamp, Inc. are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and SnowChamp, Inc. expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and SnowChamp, Inc.; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement.
SnowChamp, Inc. does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Snow Cleaning Services, your acts or omissions.
You retain the sole right to determine when, where, and for how long you will utilize the SnowChamp Platform. You retain the option to accept or to decline or ignore a Customer’s request for Snow cleaning Services via the SnowChamp Platform, or to cancel an accepted request for Snow cleaning Services via the SnowChamp Platform, subject to SnowChamp, Inc.’s then-current cancellation policies.
With the exception of any signage required by law or permit/license rules or requirements, SnowChamp, Inc. shall have no right to require you to: (a) display SnowChamp, Inc.’s names, logos or colors; or (b) wear a uniform or any other clothing displaying SnowChamp, Inc.’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Snow cleaning Services or otherwise engage in other business or employment activities.
SnowChamp is a professional who uses his or her own professional and business methods to perform services. The SnowChamp has not and will not receive training from SnowChamp, Inc. regarding how to perform the Snow Cleaning Services.
SnowChamp has no desk or other equipment either located at or furnished by the SnowChamp, Inc. except to the extent that the SnowChamp works in a territory as defined by the SnowChamp, Inc. His or her services are not integrated into the mainstream business of SnowChamp, Inc.
Agreement to Binding Arbitration between YOU and SnowChamp, Inc.
YOU AND SNOWCHAMP, INC. MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below.
The parties hereto agree to refer the following matters and responsibilities to the Arbitrator:
In the event there are any disputes or controversies that arise between the parties pursuant to the terms of the aforesaid Contract, then the parties are waiving their right to litigate these issues in court and instead elect to have these disputes resolved through arbitration. The parties agree that any disputes are to be arbitrated through the American Arbitration Association and that the parties agree to abide by the rules of the Commercial Arbitration Rules of the American Arbitration Association.
WHEREFORE, it is agreed that all claims and disputes arising or relating to the Contract are to be settled by binding arbitration in the Commonwealth of Massachusetts. Said arbitration is to be resolved through the Commercial Arbitration Rules of the American Arbitration Association and the parties agree to abide by these rules.
Any decision or award as a result of any such arbitration shall be issued in writing and the arbitrator shall be mutually selected pursuant to the Commercial Arbitration Rules of the American Arbitration Association.