Terms Of Service
You acknowledge that “arbitration of disputes” below requires you to submit to binding arbitration, and not a trial, for any dispute arising out of these Terms, and that you also waive your right to bring any action arising out of these Terms on behalf of, or as a member of, a class of plaintiffs.
Welcome to www.modelliving.com. The Website is an online portal where individuals and businesses can schedule, book, and pay for materials and contracting services. The Website allows you to submit a request for contracting services (“Contracting Services”) and then generates a Project Proposal (the “Project Proposal”) containing the details of the proposed project (size / number of rooms, room types, extras, specifications, etc.) (the “Project”). When the Project Proposal is generated, you are also required to sign the terms and conditions of the Contracting Services that will be presented to third party contractors who have expressed a desire to obtain leads from Model Living (“Contractors”). If the Contractor accepts a request, the Service notifies you and provides a counter-signed version of those terms and conditions (the “Project Agreement”). All services provided by Model Living to you by means of your use of the Website are hereafter referred to as the “Service”.
Accounts and Registration
To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
Projects and Agreement With Contractor
A Contractor has sole and complete discretion to accept or reject each request for Contracting Services. If the Contractor accepts your Project Proposal request, the Service will generate a fully executed version of the Project Agreement for you - Model Living is not a party to the Project Agreement. If you indicate you wish to hire the Contractor for your Project, you are directly contracting with the Contractor (not Model Living) for the Contracting Services. The Contractor will then perform the Contracting Services and complete your Project in accordance with the terms negotiated by you and the Contractor, including those terms set forth in the Project Proposal and the Project Agreement.
IMPORTANT: You understand and agree that Model Living itself does not provide Contracting Services, and that Model Living is not a contractor, licensed home improvement contractor or employment service, nor is Model Living an agent of the Contractor. The Contractors made available through the Service are not employees, Contractors or agents of Model Living. It is up to the Contractor to offer and provide Contracting Services. Model Living only acts as an intermediary to facilitate the transaction between you and the Contractor. The provision of the Contracting Services by the Contractor to you is subject to the Project Agreement entered into between you and the Contractor (not Model Living). Model Living does not have control over the quality, timing, or any other aspect whatsoever of any renovation services and will not be liable for any claim, injury or damage arising in connection with the Contracting Services or the conduct or activities of Contractors. You agree and understand that you assume all risks when using the Service and the Contracting Services, including any risks associated with interactions with Contractors and receipt of Contracting Services.
Additionally, Model Living reserves the right to change the Contractor assigned to your Project if, prior to commencement of the Project, Model Living determines that Contractor cannot comply with the terms of its agreement with Contractor. Model Living will use reasonable efforts to substitute a Contractor of similar capabilities and at similar cost. Any changes to the Project Fee made as a result of a change to the Contractor are subject to your prior approval.
Approval and Limited Warranty
Model Living requires that all Contractors who participate in our network offer a one-year warranty against installation defects (the “Warranty Period”), and that all materials warranties are passed to you. If you experience any issues with the Project during the Warranty Period, reach out to the Contractor immediately. If at any time you are unhappy with the Contractor’s response, please contact firstname.lastname@example.org and we will endeavor to work directly with the Contractor to arrive at a satisfactory result. Model Living may, but is not required to, arrange for alternative resolutions if we are unable to reach a resolution satisfactory to you and the Contractor.
Payment and Payment Disputes
Model Living facilitates payments for the Contracting Services. The quoted price for your Project will be included in the Project Proposal, which may change subsequent to the Project Proposal (but subject to agreement between you and Model Living) (the final, agreed-upon price is the “Project Fee”). At the time you hire the Contractor and authorize the Project, you will be charged the deposit set forth on the Project Proposal (“Deposit”) and first estimated installment of the Project Fee. You will be charged the second installment once you order your materials, third installment when your Project starts, and fourth installment when the Project is complete, unless otherwise agreed to between you and Model Living. The Contractor will notify both you and Model Living in writing when the Project is complete. You must pay the second installment within 3 business days of receipt of notice of payment due. If Model Living does not receive a written complaint from you within three days of your receipt of such notice (the “Complaint Period”), then the Project will be marked as closed by Model Living, and the Project Fee will be transferred to the Contractor. If you have provided your credit card information to our Payment Processor (defined below) then we may charge your payment method automatically if you do not submit a written complaint during the Complaint Period. After the Complaint Period, if no written complaint is submitted, then no refund will be made of any part of the Project Fee.
If you notify us in writing of a complaint about the Project or of a dispute with the Contractor within the Complaint Period, we will reasonably assist you in resolving the issue. Model Living will continue to hold the Project Fee (in a non-interest bearing account) without release pending (1) written notice of your withdrawal of your complaint, (2) joint written instructions from you and the Contractor to release the Project Fee; (3) resolution of the dispute pursuant to the Arbitration provisions of these Terms; or (4) receipt of an order from an arbitrator or court of competent jurisdiction or other release required by process of law.
You should not make any payments to the Contractor for the Project outside of the Service and Model Living will not be responsible for any such payments or refunds thereof. You agree that you will pay through the Service for all Contracting Services that you purchase or receive from the Contractor. Model Living may, on behalf of the Contractor collect payment via credit card, wire, ACH, or other means as set forth in a Project Proposal, including the Project Fee and any taxes and charges for supplies authorized by you. Please note that if you dispute any part of a Project Fee via chargeback, we have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections, and/or report delinquent payment to credit bureaus. We will collect and pay applicable sales tax on behalf of the Contractor on your Project. You are responsible for the timely payment of all fees and other taxes related to the Service and Contracting Services and for providing Model Living with valid payment information. As applicable, Model Living retains the right, in its sole discretion, to place a hold on your payment method to cover any payment for the total Project Fee. No change to any Project, or modification of the Project Fee, will be valid without a revised Project Proposal or other written documentation of the changes agreed to.
The Project Proposal estimate does not include additional charges which may accrue to correct hazardous conditions, such as the existence of lead paint, asbestos, mold, mildew or other hazardous substances. A Contractor may immediately suspend work if such substances are encountered and Model Living will work with you and the Contractor to (a) adjust the Project Fees to reflect the additional work required to mitigate such issues, (b) refer you to a third party (e.g. mold remediation company) to resolve the issue before resuming the Project, or (c) terminate the Project Proposal, in which case Model Living may retain amounts allocated to the Project design (“Design”) and any materials already ordered for the Project. If the Project is terminated based on (c), you will retain the Designs and materials.
Once a Deposit is received and we start work on your Design, a Project may only be cancelled as set forth in this section and as noted in “Hazardous Substances” above. Unless otherwise set forth in a Project Proposal, the Deposit is allocated to the cost of Contracting Services for the Project and is not refundable. The portion of the first installment allocated to materials is not refundable, to the extent that any materials have been ordered. You may cancel the Project (and forfeit any installment payments and the Deposit made thus far, but retain any materials already ordered and the right to use the Design), at any time prior the scheduled start of construction. Cancellation after the start of construction will be subject to forfeiting the remainder of the Services fee. Model Living may at its discretion issue a pro-rata refund of the Project Fee held based on the percentage of labor completed and the penalty above.
A Contractor reserves the right to cancel your Project for cause, such as if your site is unsuitable, inaccessible or unsafe or hazardous materials are present, or due to force majeure or inappropriate activity by you or third parties. In such a case, you will be responsible for paying for work performed prior to termination plus the cost of any materials specifically ordered for your Project.
Release of Responsibility for Contractors or Contracting Services
Model Living operates a service to connect Contractors and individuals only, is not an agent or sales representative of either Contractors or such individuals, and does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Contracting Services provided in connection with any Project, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Contractors. You acknowledge and agree that Model Living will have no responsibility or liability relating to (i) compliance with EPA Lead laws and regulations, OSHA safety requirements and other laws, regulations and rules relating to the Contracting Services provided by Contractors, or (ii) compliance with state or local licensing regulations applicable to Contractors.
Model Living takes reasonable commercial efforts to screen Contractors using reasonable background checks, reference checks and interviews. We also take reasonable steps to verify that Contractors have obtained applicable state licenses and insurance/bonding. However, Model Living does not independently verify information from third party sources or verification services. You acknowledge that Model Living is not liable for misrepresentations or misleading or inaccurate information supplied by Contractors or third party sources or verification services, and you release Model Living from any liability in connection therewith.
Because Model Living is not involved in the actual Project Agreement between you and the Contractor nor in the completion of the Contracting Services, if you have a dispute with a Contractor, you release Model Living (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (“Dispute Liabilities”), as further provided in the Liability Disclaimer and Release provision below.
Your purchase of fixtures and other Project supplies via the Service (“Supplies”) is subject to these Terms and any terms of sale presented at the time you authorize the purchase. Supplies are not returnable or refundable once purchased. Neither Model Living nor the Contractor makes any warranties with respect to Supplies, provided, however, that all Supplies are purchased on your behalf and any manufacturer warranties will apply to you. In the event an item is listed at an incorrect price due to a typographical error, or incorrect pricing information received from suppliers, Model Living may refuse or cancel any orders placed for the Supplies listed at the incorrect price whether or not the order has been confirmed or accepted.
Model Living may take photos and recordings of the work done by Contractors and reproduce and display such photos and recordings online and in marketing materials for the Service and/or Contractors (including the right to permit our designees to do the foregoing). You agree to allow Model Living (or its designee) with reasonable access to the Project site for such purpose, and that you agree that Model Living may disclose, copy, reproduce, publicly display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use such photos and recordings, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any purpose without compensation to you or anyone else.
Links to third party sites/Third party services
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Service strictly in accordance with these Terms. This license expressly does not permit any resale or commercial use of the Website or its contents; any reverse engineering of the Website or Service; any derivative use of the Website or its contents; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website. Except as otherwise specifically provided on this Website, redistribution, retransmission, republication or commercial exploitation of the contents of the Website or the Service are expressly prohibited without the written consent of Model Living and any copyright owner from whom we have obtained a license.
As a condition of your use of the Website, you warrant to Model Living that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or Service.
All content included as part of the Website and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Model Living or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content.
By submitting any text, images, graphics, logos, folders, photos or other materials (“Content”) to the Service, you grant Model Living a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed for the sole purpose of providing you with the Service and facilitating Contracting Services (which includes using your Content to obtain quotes for a Project Proposal). You represent and warrant to us that you have all rights necessary to grant us the foregoing rights to your Content, and that your Content does not infringe or violate any third party’s proprietary rights (including intellectual property, privacy and publicity rights).
Model Living is pleased to hear from its users, however you agree that we will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to us (“Feedback”), including via e-mails or telephone calls. Any such Feedback is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. By uploading or otherwise providing any Feedback to Model Living, you hereby grant Model Living, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.
Disclaimer of Representations or Warranties
To the maximum extent permitted by law, the Website and Service are provided "as is." Model Living does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of non-infringement, fitness for a particular purpose or merchantability. We do not warrant that the Service will be error-free or that defects will be corrected. Model Living will not be responsible for any damages or loss that may result from the hacking or infiltration of the Website or Model Living’s computer systems. The information, software, products, and services included in or available through the Website or Service may contain technical inaccuracies, outdated information and typographical errors.
Model Living makes no other representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or supplies obtained by or from third parties, including Contracting Services. You acknowledge and agree that the entire risk arising out of your use of the Contracting Services or third party supplies remains solely with you, to the maximum extent permitted by law.
Liability Disclaimer and Release
To the maximum extent permitted by law, in no event shall Model Living and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or other damages whatsoever including, without limitation, damages for loss of use, lost profits, personal injury or property damage arising out of or in any way connected with (1) the use or performance of the Website or Service, (2) the delay or inability to use the Website or Service, (3) the provision of or failure to provide the Service or Contracting Services, (4) any information, software, supplies or services obtained through the Website, (5) any relationship or transaction between you and any third party contractor, service provider or entity whose name or advertising appears on the Website or is referred by the Service, or (6) otherwise arising out of the use of the Service, supplies or Contracting Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Model Living or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Service, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Service.
You understand that the quality of the Contracting Services scheduled through the use of the Service is entirely the responsibility of the Contractor who ultimately provides such Contracting Services to you. Model Living will not be a party to disputes between you and any Contractor. Responsibility for the decisions you make regarding Contracting Services (with all its implications) rests solely with you, and you expressly waive and release Model Living from any and all liability, claims, causes of action, or damages arising from your use of the Website or Service, or in any way related to the third parties introduced to you by the Service, including without limitation any liabilities arising in connection with the conduct, act or omission of any Contractor (including without limitation theft, stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property) or related to the Contracting Services.
To the fullest extent permitted by law, and if, notwithstanding the foregoing exclusions, it is determined that Model Living or its agents, employees, officers or directors or is liable for damages, in no event shall Model Living’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Website, Service, supplies or Contracting Services exceed the greater of (1) $100 or (2) the amount earned by Model Living, if any, in connection with supplies or services obtained by you through the Service in the 6 months before the claim accrued.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Model Living, its officers, directors, employees, agents and suppliers, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of (i) your use of the Website or Service in a manner not authorized by these Terms, (ii) your violation of any of these Terms or your use or misuse of the Service or Contracting Services, (iii) your violation of any rights of a third party, including Contractors, (iv) your violation of any applicable laws, rules or regulations, (v) your interactions with Contractors or receipt of Contracting Services, including all claims against Contractors and Dispute Liabilities, and (vi) your Content. Model Living reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Model Living with respect to such defense, including without limitation in asserting any available defenses.
Model Living reserves the right, in its sole discretion, to terminate these Terms, without notice; provided, that if Model Living terminates these Terms in the middle of a Project, Model Living will provide you with a refund for any Contracting Services not yet provided. These Terms shall continue to apply for as long as you use the Service, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.
The Service is controlled, operated and administered by Model Living from our offices within Canada. If you access the Service from a location outside the Canada, you are responsible for compliance with all local laws. You agree that you will not use the Model Living content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Contracting Services are not available outside of the Canada at this time.
Choice of Law
To the maximum extent permitted by law, these Terms, including their formation, will be governed by and interpreted in accordance with the laws of the Province of Ontario.
Arbitration of Disputes
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Model Living and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website and Service, to any products sold or distributed through the Website and Service, or to any aspect of your relationship with Model Living, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Model Living may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
IF YOU AGREE TO ARBITRATION WITH Model Living, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST Model Living ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST Model Living IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THE TERMS, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. The Ontario Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to email@example.com or 141 Bathurst Street, Unit 101, Toronto, Ontario, M5V 2R2.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, provincial or local court or agency has exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Model Living. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND Model Living HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Model Living are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in this Section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court in Toronto, Ontario.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 141 Bathurst Street, Unit 101, Toronto, Ontario, M5V 2R2, or emailing us at: firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Model Living.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Model Living makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Model Living.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Model Living as a result of these Terms or use of the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. A party’s failure to enforce any part of these Terms will not be considered a waiver. You will not transfer any of your rights or obligations under these Terms to anyone else without Model Living’s consent. Unless otherwise specified herein, these Terms, together with the Project Proposal, constitutes the entire agreement between you and Model Living with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Model Living with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Model Living welcomes your questions or comments regarding these Terms or your Project:
141 Bathurst Street, Unit 101, Toronto ON, M5V 2R2