Terms of Service
Last updated: May 1st, 2025
This is a legally binding agreement between you ("User," "you," or "your") and Hodi Hodi, Services Limited ("Hodi Hodi," "we," "us," or "our"). These Terms of Service, along with our Privacy Policy and other referenced policies (collectively, the "Agreement"), govern your use of the Hodi Hodi website (www.hodihodi.ca) and related services (the "Platform"). Please read this Agreement carefully. By accessing or using the Platform, you agree to be bound by these terms. If you do not agree, you may not use the Platform.
Important:
Section 23 contains an Arbitration Agreement. This requires you to resolve disputes with Hodi Hodi through binding arbitration on an individual basis, with limited exceptions. Please review it carefully as it affects your legal rights.
1. The Platform
A. Online Directory: The Platform is an online directory connecting "Clients" (individuals/businesses seeking short-term "Services") and "Providers" (individuals/freelancers/businesses offering to perform Services for Clients). Clients and Providers are collectively referred to as "Users."
Providers are independent: Providers are independent business owners offering services under their own name, using their own tools and supplies. They set their own rates without deductions by Hodi Hodi.
Provider Autonomy: Providers can maintain their own clientele, offer services on other platforms, and accept or reject Service Agreements.
No Employment Relationship: Providers are independent contractors of Clients, and Clients are clients of Providers. There is no employment relationship between Hodi Hodi and any User.
Any reference on the Platform to a Provider being credentialed, "background checked " or any similar language, indicates only that the Provider has completed a relevant user account registration process or met certain criteria. It does not represent or imply anything else about the Provider. Such descriptions are intended to provide Clients with information to evaluate and make their own decisions about the identity and suitability of Providers they select or interact with or contract with through the Platform. They are not an endorsement, certification, or guarantee by Hodi Hodi of a Provider’s skills, qualifications, licensure, insurance, trustworthiness, safety, or suitability.
Clients are responsible for determining the specific Service needed and for selecting or approving a Provider. Clients should conduct their own research before booking any Service to ensure that a specific Provider has the right qualifications.
Hodi Hodi's Role is Limited: Hodi Hodi does not perform the Services, supervise Providers' work, provide tools or supplies, or control the quality or other aspects of the Services. The Service Agreement is between the Client and the Provider, and Hodi Hodi is not a party to it and assumes no responsibility or liability for it.
Taxes and Compliance: Users are responsible for their own tax payments and withholdings, including income tax and social contributions. Hodi Hodi may request Providers to confirm their tax compliance and may deactivate accounts for non-compliance.
B. License to Use: Hodi Hodi grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for its intended purpose, provided you comply with this Agreement, including the Acceptable Use Policy.
Restrictions: You may not copy, download, reverse engineer, or retransmit any part of the Platform without Hodi Hodi's written consent.
C. User Promises (Representations and Warranties): By using the Platform, you promise that you:
Will fully comply with the Agreement, including the Acceptable Use Policy.
Are of legal age and capable of entering into contracts.
Have the authority to enter into the Agreement, even on behalf of a company or organization.
Will only request or perform Services where the Platform is available.
Will respect the privacy and property of other Users and will not record interactions without consent.
Will act professionally and responsibly in your interactions with other Users.
Will only use the designated payment processor for Service payments.
Will use your legal name/business name and an up-to-date photo on your profile.
Will comply with all applicable laws.
Will not use the Platform for illegal substances or services.
Will keep all Service-related communications on the Platform, before, during, and after the Service.
D. Additional Provider Promises: If you are a Provider, you also promise that you:
Are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity when using the Platform.
Are regularly engaged in a similar independent business and have your own clients.
Have the legal right to work in the location where you perform Services.
Will maintain any necessary licenses, permits, and registrations at your own expense.
Will maintain all required insurance for your business and Services.
Will respond promptly to invitations and provide high-quality services as agreed.
Will only offer Services for which you have the necessary expertise.
Will perform Services in a safe manner.
Will promptly disclose any relevant criminal convictions to Hodi Hodi.
2. Use of the Platform
A. Registration: You must register and create an account, providing accurate information.
Account Updates: You agree to notify Hodi Hodi of any changes to your account information. Failure to do so may result in the inability to use the Platform or termination of the Agreement.
Registration Restriction: Hodi Hodi may restrict registration for safety or business concerns.
B. Provider Onboarding:
Background Checks: To the extent permitted by law, Providers may be subject to identity verification and criminal background checks. Hodi Hodi is not responsible for the accuracy of background check information.
Professional Licensing: Hodi Hodi does not verify Provider expertise or licenses. Providers are solely responsible for ensuring they have the necessary qualifications and complying with all applicable laws for the Services they perform. Clients are responsible for determining if a Provider is qualified and has the required licenses for a specific Service.
C. Service Agreement: The Platform facilitates the offering, searching for, and booking of Services.
Communication: Clients and Providers can communicate through the Platform's WhatsApp chat thread ("Chat Thread") to discuss the Service details.
Binding Contract: When a Service is scheduled, the Client and Provider form a legally binding "Service Agreement" based on the agreed-upon terms in the Chat Thread.
Compliance: Both the Client and the Provider agree to comply with the Service Agreement and the Agreement.
Provider Responsibility: Providers are responsible for their business decisions in entering Service Agreements.
D. Other Parties:
Provider Assistants: With Client approval in the Chat Thread, Providers may use "Provider Assistants" who must also be registered Providers on the Platform and meet the same requirements as the Provider. The Provider is solely responsible for the actions, payment, and tax withholdings of their Provider Assistants.
Client Agents: If a Client authorizes someone to book or be present for a Service ("Client Agent"), the Client is appointing that person as their agent, and the Client is responsible for the Client Agent's actions.
3. Fees, Billing, Invoicing, and Payment; Cancellation
Invoices: Invoices will be issued for all amounts owed, including service-related fees and Hodi Hodi fees. Payment links will be sent after booking confirmation (or service for return users).
Outstanding Amounts: Hodi Hodi may prevent you from booking future services if there are outstanding amounts on your account.
Non-Refundable Fees: Unless otherwise stated, all fees are non-refundable.
A. Service-Related Fees: Clients are responsible for paying:
The Service Payment at the Provider's agreed-upon rate.
Agreed-upon out-of-pocket expenses submitted by the Provider.
A tip or gratuity (optional, goes directly to the Provider).
A credit card processing fee (if applicable).
Applicable taxes or similar charges.
B. Hodi Hodi Fees: In addition to the Service-related fees, Clients are responsible for paying Hodi Hodi's fees, which include:
A service charge for access to and information regarding Providers.
Applicable taxes or similar charges.
Applicable cancellation charges (see the Cancellation Policy linked in Section 3.F).
Hodi Hodi may change its fees at any time with notice. If you disagree with a fee change, you may stop using the Platform.
Providers may not modify Hodi Hodi's fees.
C. Amounts Owed by Providers: Providers are responsible for registration fees (if applicable) and repaying any erroneous payments.
D. Fraud: Clients will not be responsible for transactions identified as potential or confirmed fraud by Hodi Hodi, provided the Client did not contribute to the fraud. Such transactions may be investigated.
E. Sales Tax Collection and Remittance: Users may be liable for taxes. Hodi Hodi may be required to collect and/or report tax information about you to tax authorities and may issue receipts on your behalf.
F. Cancellation Fees: Clients may cancel a Service, but cancellation fees may apply under certain circumstances as outlined in the Cancellation Policy.
4. Contests and Promotional Codes
Hodi Hodi may offer optional promotions and contests. These are at Hodi Hodi's discretion and can be modified or removed without notice. Hodi Hodi's liability related to promotions is limited as set out in Section 13.
5. Public Areas
The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Service postings, chat areas, news groups, forums, communities, and/or other communication facilities (“Public Areas”) that allow Users to communicate with each other.
Appropriate Use: You must only use Public Areas for relevant and proper messages.
Public Information: Submissions to Public Areas will be public, and you will be identified by your name or login.
No Responsibility for User Actions: Hodi Hodi is not responsible for the actions of Users in Public Areas.
6. Deactivation and Suspension
If you breach the Agreement (including abuse or fraud), Hodi Hodi may suspend your use of the Platform or deactivate your account. You will receive written notice of the decision. You may appeal the decision within 14 days. If your account is suspended or deactivated, you may not create a new account.
7. Termination
You may terminate the Agreement by ceasing all use of the Platform and deactivating your account. Hodi Hodi may terminate the Agreement if you breach it or violate applicable laws. The Agreement remains enforceable even after your right to use the Platform is suspended or terminated. Hodi Hodi may take legal action.
8. User Generated Content; Feedback
A. User Generated Content: This includes information and materials you provide to Hodi Hodi or other Users in connection with your use of the Platform (e.g., posts in Public Areas).
Not Hodi Hodi's Opinion: User Generated Content is not the opinion of, and has not been verified or approved by, Hodi Hodi.
Hodi Hodi's Role: Hodi Hodi is not involved in the creation or development of User Generated Content and is not responsible for it. Hodi Hodi may, but is not obligated to, monitor or remove non-compliant content.
Your Responsibility: You are solely responsible for your User Generated Content.
License to Hodi Hodi: You grant Hodi Hodi a broad, royalty-free license to use your User Generated Content and your "Likeness" (name, image, etc.) for the Platform's promotion and other purposes.
Your Promises about Your Content: You promise that you have the right to grant the license and that your User Generated Content will not be false, fraudulent, infringe on third-party rights, violate laws, be defamatory, contain viruses, falsely claim affiliation with Hodi Hodi, or create liability for Hodi Hodi.
Waiver of Rights: You waive any "moral rights" and claims related to your User Generated Content and Hodi Hodi's use of it.
Indemnification: You will protect Hodi Hodi from any liabilities arising from your User Generated Content and your Likeness.
Reporting Infringement: Hodi Hodi may identify a User to third parties who claim their rights have been infringed by the User's content. You are encouraged to notify Hodi Hodi of objectionable content. You must notify Hodi Hodi if you discover content promoting crimes against humanity, inciting hatred or violence, or concerning child pornography.
B. Feedback: The Platform hosts User Generated Content in the form of reviews and ratings of Providers ("Feedback").
User Opinions: Feedback is the opinion of the User who posted it, not Hodi Hodi's opinion.
No Evaluation by Hodi Hodi: Hodi Hodi does not evaluate Users but may investigate or remove Feedback that violates the Agreement or the Hodi Hodi Ratings and Reviews Guidelines. You can request removal of a review that violates the guidelines.
9. Intellectual Property Rights
The Platform and all of its content, including text, graphics, and other materials ("Proprietary Material"), are owned by Hodi Hodi, excluding User Generated Content and third-party websites. This Proprietary Material is protected by law.
Hodi Hodi Marks: The service marks, logos, and trademarks of Hodi Hodi ("Marks") are owned by Hodi Hodi and are not available for use by Providers without Hodi Hodi's written consent.
Third-Party Marks: Other trademarks on the Platform belong to their respective owners and may not be used without consent.
10. Links to Third-Party Websites
The Platform may contain links to third-party websites.
For Convenience Only: These links are for reference only and do not mean Hodi Hodi endorses or guarantees those websites or their content.
Your Risk: You are responsible for evaluating the content of other websites and access them at your own risk. The terms of use and privacy policy of the third-party website govern your use of that website.
No Responsibility for Third Parties: Hodi Hodi is not responsible or liable for any third-party links or websites, including any products or services offered through them, and is not a party to any transactions between you and third-party providers. Hodi Hodi may monitor or remove links but is not obligated to do so.
11. Copyright Complaints
If you believe any material on the Platform infringes your copyright, please send the following information to us:
A description of the copyrighted work and its location on the Platform, explaining why you believe it is infringing.
The location of the original or an authorized copy of the copyrighted work.
Your contact information.
A statement that you have a good faith belief that the use is not authorized.
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Your electronic or physical signature.
12. Disclaimer of Warranties
Your use of the Platform is entirely at your own risk.
"AS IS" and "AS AVAILABLE": The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied, including warranties of merchantability, quality, fitness for a particular purpose, and non-infringement. All such warranties are expressly disclaimed.
No Guarantee of Accuracy or Results: Hodi Hodi and its Affiliates do not guarantee the timeliness, suitability, accuracy, or completeness of the Platform or the results from using it or the Services.
No Guarantee of Error-Free Platform: We do not warrant that the Platform will be error-free, uninterrupted, or free from harmful components like viruses.
No Endorsement of Third-Party Products/Services: Hodi Hodi does not endorse any product or service offered by third parties through the Platform or linked websites and is not involved in transactions between you and third-party providers.
Jurisdictional Variations: Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
13. Limitation of Liability
By using the Platform, you agree to limitations of Hodi Hodi's liability.
Limited Liability: To the extent permitted by law, Hodi Hodi and its Affiliates will not be liable for any damages (direct, indirect, incidental, consequential, etc.), expenses, losses, or liabilities arising out of or related to the Platform or your inability to use it, even if advised of the possibility of such damages.
Release of Claims: You release Hodi Hodi and its Affiliates from these liabilities to the extent permitted by law.
Jurisdictional Limitations: Some jurisdictions do not allow the limitation of incidental or consequential damages, so these limitations may not fully apply to you.
Aggregate Liability Cap: If, despite these exclusions, Hodi Hodi is found liable for damages, the total aggregate liability will not exceed:
For Clients: The total fees you paid to Hodi Hodi in the 6 months prior to the claim.
For Providers: The total Service Payments paid to you by Clients in the 6 months prior to the claim.
14. Indemnification
You agree to defend, indemnify, and hold harmless Hodi Hodi and its Affiliates from and against any liabilities arising from your use of the Platform and related activities.
Hodi Hodi's Right to Defense: Hodi Hodi may assume the exclusive defense and control of any matter subject to your indemnification. You will not settle any claim without Hodi Hodi's consent.
Client Indemnification: If you are a Client, you will indemnify Hodi Hodi for liabilities related to:
Your use of, or inability to use, the Platform.
Your breach of the Agreement.
Your violation of any law or the rights of any third party.
Your use of third-party links on the Platform.
Your User Generated Content and Feedback, including content that may infringe on third-party rights or be unlawful.
The actions or omissions of any Client Agents.
Provider Indemnification: If you are a Provider, you will indemnify Hodi Hodi for liabilities related to:
Your use of, or inability to use, the Platform.
Your participation in or performance of Services, or your ability to receive payment.
Your breach of the Agreement.
Your violation of any law or the rights of any third party.
User Generated Content and Feedback submitted by or about you, including content that may infringe on third-party rights or be unlawful.
The acts or omissions of any Provider Assistants.
15. Dispute Resolution
You and Hodi Hodi will try to find an amicable solution to any dispute before pursuing out-of-court settlement or legal action (except as stated in Section 23). Informal negotiations will begin upon written notice to the address associated with your account.
16. Changes to the Agreement and the Platform
A. Changes to the Agreement: Hodi Hodi may update the Agreement for justifiable reasons at any time.
Notice of Changes: Notice of amendments may be provided by posting on the Platform, email, or other reasonable means, and the changes will be effective upon posting. Your continued use constitutes your acceptance of the amended Agreement.
Material Changes: You will be informed in advance of material changes for your acceptance or rejection. If you do not accept the changes, the previous terms will apply to your current Services, but you will not be able to use the Platform for new Services and must deactivate your account.
Continued Use After Material Changes: Your continued use after notice of material changes means you fully accept all changes.
No Liability for Changes: To the extent permitted by law, Hodi Hodi is not liable for any modification to the Agreement.
B. Changes to the Platform: Hodi Hodi may modify or discontinue all or part of the Platform with prior notice where possible, without liability to Hodi Hodi. To the extent permitted by law, Hodi Hodi is not liable for any updates or discontinuance of the Platform.
17. No Rights of Third Parties
The Agreement is solely for the benefit of Hodi Hodi and the User, except as expressly stated or required by law. Third parties generally cannot enforce the Agreement. However, Hodi Hodi may enforce provisions on behalf of its Affiliates.
18. Notices and Consent to Receive Notices Electronically
All notices under the Agreement will be in writing and considered delivered when received (if personally delivered or sent by certified mail), when receipt is electronically confirmed (if by fax or email), or on the day shown as delivered by the overnight delivery service. You consent to receive notices electronically (email or Platform postings). Electronic notices satisfy any legal requirement for written communication. If you have questions about these Terms or the Platform, please contact us.
19. Consent to Electronic Signatures
By using the Platform, you agree to electronic transactions and that your electronic signature has the same legal effect as a manual signature. Using a device to select an item constitutes your signature. Third-party verification of your electronic signature is not necessary.
20. Governing Law
Except for the Dispute Resolution and Jurisdiction-specific Provisions (Sections 15 and 23), the Agreement and your use of the Platform are governed by English law. This choice of law applies unless the laws of the country where the Service is performed are required to govern. This provision is for interpreting the Agreement and does not create substantive rights for non-residents of the designated country to assert claims under its law. Nothing prevents Hodi Hodi from protecting its intellectual property rights in any competent court.
21. Notices
The Hodi Hodi Platform is owned and operated by Hodi Hodi, Services Limited, a company registered in Ontario, Canada. Our registration number is 4599240. For questions about the Agreement or the Platform, please contact us using the methods listed here.
22. General Provisions
a. Relationship of the Parties: No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is created between you and Hodi Hodi. Users cannot act as agents for Hodi Hodi.
b. Entire Agreement: This Agreement constitutes the entire agreement between you and Hodi Hodi regarding your use of the Platform, superseding all prior agreements, except as specified in the Arbitration Agreement (Section 23).
c. Severability; Waiver: If any part of the Agreement is found invalid, illegal, or unenforceable (except for the class action waiver in Section 23), that part will be modified or removed to make the remaining provisions valid and enforceable. Hodi Hodi's failure to enforce any provision does not mean it waives that provision or right.
Assignment: You agree that Hodi Hodi may assign or transfer the Agreement without your consent, with notice to you. Upon assignment, Hodi Hodi is relieved of obligations post-assignment, and the assignee takes Hodi Hodi's place. You may not assign or transfer the Agreement without Hodi Hodi's written approval.
Binding Effect: The Agreement benefits Hodi Hodi, its successors, and assigns.
Survival: Certain provisions of the Agreement will remain in effect even after the Agreement expires or terminates.
Language: The Agreement is in English. If there are discrepancies between the English version and any translation, the English version will prevail.
23. Jurisdiction-Specific Provisions, including Dispute Resolution
I. Telephone Communications and Agreement to be Contacted: By providing your mobile number and using the Platform, you consent to Hodi Hodi and its affiliates or independent contractors contacting you by phone calls and text messages (including with an autodialer or prerecorded voice) for purposes related to the Platform and Services.
Message Frequency: Message frequency varies. Carriers are not responsible for delayed or undelivered messages.
Charges: Hodi Hodi will not charge for calls or texts, but standard carrier charges may apply.
Opt-Out: You may opt out of text messages by modifying your account settings or replying "STOP" to any text. You may opt out of calls by stating your preference during a call. You understand that a confirmation text may be sent.
Call Monitoring/Recording: You will be informed if calls are monitored or recorded for quality control and training, and you will have the option to continue the call without monitoring/recording. Refer to the Privacy Policy for more information on the processing of call data.
II. Invoicing Obligations for Providers: As a Provider in Canada, you may be obligated to issue invoices or receipts to your Clients. These may have specific requirements. Hodi Hodi is not responsible for issuing these on your behalf. Providers are fully responsible for their invoicing obligations and the tax consequences.
III. Dispute Resolution – Arbitration & Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS YOUR LEGAL RIGHTS.
With limited exceptions, you and Hodi Hodi must resolve claims through binding and final arbitration on an individual basis. By entering into this Agreement, you acknowledge you have read, understand, and agree to be bound by it.
Agreement to Binding Arbitration: Except where prohibited by law (which may include the Province of Quebec), any dispute related to these Terms or your use of the Platform will be resolved by a single arbitrator under the rules of the ADR Institute of Canada, Services Limited's Arbitration Rules (the "ADR Rules"). You acknowledge receipt and opportunity to review the ADR Rules.
Arbitration Fees: You acknowledge that there are fees associated with submitting a dispute under the ADR Rules. Applicable filing fees are outlined in the ADR Rules.
Arbitrator Appointment: A single arbitrator will be appointed in accordance with the ADR Rules.
No Class Actions: Neither Providers nor Clients may initiate or participate in a class proceeding or other group action regarding any dispute, except where provincial consumer protection legislation expressly permits it.
Arbitration Location and Law: The arbitration will take place in the province where the Provider performs the majority of the Services, and the applicable arbitration legislation of that location will apply. The arbitration will be heard in the capital of that location unless otherwise agreed.
No Right of Appeal: There is no right of appeal from the arbitrator's award.
Governing Law for Arbitration: All matters related to the arbitration will be governed by the law of the seat of the arbitration.
Consent to Jurisdiction: Each party irrevocably consents to the venue in the capital of the seat and the jurisdiction of competent courts there for any litigation, however, the intention is to arbitrate disputes without resorting to the courts.
Language of Arbitration: The arbitration will be conducted in English, except in Quebec, where it will be in English or French at the Provider's choice.
Enforcement of Award: A party may take steps to enforce an arbitrator's award.
Confidentiality: Except as required by law or for professional advice, the existence and details of the arbitration, including the award, are confidential.
Reports to Administrative Agencies: Nothing in this section prevents a Provider from reporting or filing a claim with the applicable governmental or administrative agency if the law allows and precludes exclusive pre-dispute arbitration. Administrative agencies do not include provincial or federal courts.
24. Acknowledgement and Consent
BY USING THE PLATFORM, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, THE PRIVACY POLICY, THE ACCEPTABLE USE POLICY, THE SATISFACTION PROMISE, AND ALL OTHER INCORPORATED TERMS, AND I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT.