1. Acceptance of Terms
BladeOne connects consumers to lawn care and landscaping service professionals who conduct Services (defined below). The following are the Terms of Use (or the “Terms of Service” or the “Terms) that constitute a legally binding agreement between the User (defined below) of the Platform (defined below) (“you” or “your”) and BladeOne (together with its “Bladers” (defined below), “BladeOne,” “we”, “us” or “our) governing your use of BladeOne’s websites (including bladeonellc.wixsite.com/bladeone). These Terms of Use outline your obligations when using any of BladeOne’s websites, website pages, mobile applications, related services, services, information and communications (collectively referred to herein as the “Platform” or the “BladeOne Platform”).
BY ACKNOWLEDGING THE TERMS OF USE AND/OR ACCESSING AND USING THE PLATFORM AND/OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND CONSENT THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION), THE TERMS OF USE (INCLUDING, ALL TERMS HEREIN).
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND ABIDE BY ALL OF ITS TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORM AND SERVICES.
2. The Platform
A. Online Platform.
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The Platform is an online web-based two-sided marketplace which enables Customers and Bladers to be connected through the use of our “Platform” (that is BladeOne’s website, applications, and other sites). “Customers” are individuals and/or businesses seeking to obtain services (that is lawn care, landscaping, or other services), and “Bladers” are businesses seeking to perform services or Customers. Customers and Bladers are referred to herein together as “User(s)”.
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Bladers are independent business owners, providing “Services” (which includes BUT IS NOT LIMITED TO lawn care, landscaping, and/or related services) under their own name or business name (and not under BladeOne’s name), using their own tools and supplies. Bladers may (a) maintain a clientele without any restrictions from BladeOne; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Customers or Service Agreements (defined below). Bladers are not to move customers introduced to them by BladeOne off BladeOne’s platform and conduct independent business with them hence cutting BladeOne out. Bladers understand and consent and agree that BladeOne will take legal action if a Blader conducts business with a customer outside of BladeOne’s platform.
Bladers are not to conduct independent business with customers introduced to them by BladeOne hence cutting BladeOne out. Bladers understand and consent and agree that BladeOne will take legal action if a Blader conducts business with a customer, introduced to the Blader through BladeOne, outside of BladeOne (which includes BUT IS NOT LIMITED TO any of BladeOne’s Platforms, Social Media(s), any communication with BladeOne through a Phone Call, a Text, AND/OR any other medium used to introduce the customer to the Blader).
Any reference to a Blader being licensed or credentialed in some manner, or being "badged”, “reliable”, “reliability rate”, “elite”, “great value”, "background checked", “vetted” (or similar language) indicates only that the Blader has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Bladers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by BladeOne of a Blader’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
B. BladeOne’s Role.
The Platform is not an employment agency service or business, and BladeOne is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors, sister companies, or franchisees of BladeOne.
Users hereby acknowledge and agree that (a) BladeOne does not (i) perform lawn care, landscaping, or other services nor employ individuals to perform services, (ii) supervise, scope, direct, control or monitor Bladers’ work (including that BladeOne does not set Bladers’ work locations, work hours, or terms of work), nor provide tools or supplies to Bladers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for BladeOne, nor any employment or other relationship between BladeOne and the Users or between the Customer and the Blader. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, BladeOne (including that Bladers MAY NOT MODIFY ALL OR ANY PART of the BladeOne fees).
BladeOne is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Blader assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security or National Insurance Contribution withholdings as to the Blader and all persons engaged by the Blader in the performance of the Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.