These Terms of Service (the "Terms") constitute a binding legal agreement between you ("you" or the "User") and ProTrade Match ("ProTrade Match," "we," "us," or "our") governing your access to and use of protradematch.ca and all associated services (collectively, the "Platform").
By accessing the Platform or submitting a service request, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Platform.
1. Definitions
For the purposes of these Terms, the following definitions apply:
- "Platform" means the ProTrade Match website, request form, and all related services.
- "Service Request" means a submission made by a User through the Platform's request form.
- "Service Professional" means an independent tradesperson or trade business to whom a Service Request is referred.
- "Referral" means the transmission of a Service Request to a Service Professional.
- "Service Area" means the Greater Toronto Area and such other regions as ProTrade Match may designate from time to time.
2. Nature and scope of the Platform
ProTrade Match operates exclusively as an introduction and referral platform. Our function is limited to receiving Service Requests and transmitting them to a single Service Professional operating within the relevant Service Area and trade category.
ProTrade Match is not a contractor and does not perform, supervise, direct, inspect, warrant, or guarantee any electrical, HVAC, plumbing, or other trade work. We hold no licence to perform such work and make no representation that we do.
3. Independent contractor relationship
Each Service Professional is an independent third party. No agency, partnership, joint venture, employment, or franchise relationship exists between ProTrade Match and any Service Professional by virtue of a Referral.
ProTrade Match does not control the means, methods, scheduling, pricing, or quality of any work performed by a Service Professional, and exercises no supervisory authority over any Service Professional.
4. No contractual privity as to the work
Any quotation, estimate, contract, warranty, guarantee, invoice, or other undertaking concerning the work is formed solely and exclusively between the User and the Service Professional. ProTrade Match is not a party to that agreement, assumes no obligations under it, and shall not be bound by its terms.
All disputes concerning workmanship, pricing, delay, damage, scheduling, or performance must be raised directly with the Service Professional.
5. User due diligence
While ProTrade Match makes reasonable efforts to refer Service Requests only to tradespeople who represent themselves as appropriately licensed and insured, ProTrade Match does not continuously verify, audit, or certify the credentials, licensing status, insurance coverage, or competence of any Service Professional.
The User bears sole responsibility for satisfying themselves as to the suitability of a Service Professional prior to engagement. Users are strongly advised to:
- Request and independently verify licensing and certification credentials;
- Confirm the existence and adequacy of liability insurance;
- Obtain a written scope of work and quotation prior to commencement;
- Confirm all applicable permits are obtained where required by law;
- Clarify warranty terms applicable to parts and labour.
6. Eligibility and User obligations
You represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity to enter into this agreement, and are authorized to request work in respect of the property identified in your Service Request.
You further agree that you shall:
- Provide accurate, current, and complete information in any Service Request;
- Submit Service Requests solely in respect of work you genuinely intend to have performed;
- Refrain from submitting a Service Request on behalf of a third party without that party's express authorization;
- Refrain from using the Platform for any unlawful, fraudulent, abusive, or competitive-intelligence purpose;
- Refrain from any automated scraping, harvesting, or bulk submission of Service Requests.
7. No guarantee of Referral or response
ProTrade Match endeavours to transmit Service Requests promptly, and most Users are contacted within several hours. However, ProTrade Match provides no guarantee, express or implied, as to response time, availability of a Service Professional in any given Service Area or trade category, or that any Referral will be made at all.
8. Fees
Use of the Platform is provided to Users at no charge. No fee is payable to ProTrade Match by a User at any time. All amounts payable in respect of work performed are payable directly to the Service Professional pursuant to arrangements made between the User and that Service Professional.
9. Disclaimer of warranties
The Platform is provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.
10. Limitation of liability
To the maximum extent permitted by applicable law, ProTrade Match shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, property, or goodwill, arising out of or in connection with:
- Any work performed, or not performed, by a Service Professional;
- Any act, omission, negligence, delay, or misconduct of a Service Professional;
- Any dispute between a User and a Service Professional;
- Any inability to obtain a Referral, or any delay in obtaining one;
- Any interruption, error, or unavailability of the Platform.
Where liability cannot lawfully be excluded, the aggregate liability of ProTrade Match arising from or relating to these Terms shall not exceed one hundred Canadian dollars (CAD $100.00).
11. Indemnification
You agree to indemnify, defend, and hold harmless ProTrade Match and its principals from and against any claim, demand, loss, liability, cost, or expense (including reasonable legal fees) arising out of your use of the Platform, your breach of these Terms, or any dispute between you and a Service Professional.
12. Modification and discontinuation
ProTrade Match reserves the right, at its sole discretion and without notice, to modify, suspend, restrict, or discontinue the Platform or any part thereof, in whole or in part, at any time.
13. Intellectual property
All content, design elements, branding, trade marks, and materials comprising the Platform are the exclusive property of ProTrade Match and are protected by applicable intellectual property laws. No licence is granted except as expressly set out herein, and no reproduction, distribution, or derivative use is permitted without prior written consent.
14. Privacy
Personal information collected through the Platform is handled in accordance with our Privacy Policy, which is incorporated into and forms an integral part of these Terms.
15. Amendment of these Terms
ProTrade Match may amend these Terms from time to time. Amendments take effect upon publication to this page, and the effective date shall be updated accordingly. Continued use of the Platform following publication constitutes acceptance of the amended Terms.
16. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
18. Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ProTrade Match concerning the Platform, and supersede all prior understandings, representations, and communications, whether written or oral.
19. Contact
All notices, questions, and correspondence concerning these Terms should be directed to [email protected].
ProTrade Match
Greater Toronto Area, Ontario, Canada