Terms of services

Last Updated Date: 16 Apr,2019

THE SCRAPABILL TERMS OF SERVICE

WELCOME TO SCRAPABILL

We are delighted that you have taken the time to land on this page and familiarize yourself with our Terms of Service, which is a binding agreement between you and Scrapabill. Please read the following terms carefully. By clicking “Sign up” on the site or downloading, installing or otherwise accessing or using the App (s) or the service, you acknowledge that you have read, understood, and agree to be bound by the following terms including our privacy policy. If at any time you disagree or find an issue with any of the clauses herein, please exit the website. Do not create an account and do not attempt to use any of our services. The following terms and conditions (“Terms of Service”) concern your use of our website and all related emails, messages and services. Your continued use of the website will mean that you have accepted and agreed to any changes that we make to these terms of Service either now or in the future.

01)ABOUT

Scrapabill is a trademark name owned and operated by Scrapabill Management Ltd. (“Scrapabill”, “we”, “us”, or “our”); a company incorporated under the laws of British Columbia, with head office address at Suite 300-1275 West 6th Avenue, Vancouver, British Columbia, V6H 1A6, Canada. All questions or comments about these Terms of Service can be forwarded to info@scrapabill.com. Persons under the age of 13 are prohibited from creating an account and using Scrapabill. No information about under aged children will be collected or kept on our servers. If you are between the ages of 13 to 17, you are obligated to get your parent or legal guardian consent, to read and agree to our Terms of Service before posting any information on our platform. We may, at our discretion, ask for a written authorization letter from your parent or legal guardian, scanned and uploaded to us. Your account may be held until these requirements are met. You must be 18 years or over before you can be granted the permission to post a bill or create an ad on our platform.

02)SCRAPABILL NATURE OF BUSINESS

Our nature of business is categorized under information or computer services, an online social network that brings communities together, with the intention of using its platform to ease the financial burden of its members and help users set up a flourishing online business. It main business activity is utilizing a secure socket combined with a robust, well-defined and structured online interface to form groups that will help you fund your bills, share financial goals and create an online business presence while giving you the chance to advertise on our platform. It is intended as a supportive and fun place to meet people. It is significant to you and to us that it remains a friendly and safe environment that you use this site in the manner consistent with its purpose and in accordance with the established terms of service and guidelines.

03)OUR SERVICE

Our users, advertisers and/or members (“you”, “your”) are provided with quality and prompt services, delivered through the Scrapabill website currently positioned at https://www.scrapabill.com, the Scrapabill mobile application and/or any other platform or media through which we make our services or such services available from time to time (“the platform”). Part of the services we provide involves using our platform to add friends and invite others outside your peers to form groups that can make contributions to support your bills, create an online business (a customized website, mobile application or web maintenance and web marketing for your website) and post ads on our platform through shared advertising revenue (collectively, the “Services”).

04)ABOUT THESE TERMS OF SERVICE

These Scrapabill Terms of Service (“Terms of Service”) set forth the legally binding terms for your use of the Services. By accessing and using the Services, you agree to comply with and be bound by these Terms of Service, whether you are a “Member” (meaning that you have registered and created an account with Scrapabill or through one of Scrapabill’s connected social networking communities (“Partners Communities”), and have created a Scrapabill Profile”), or you are a “Visitor” (meaning you are simply browsing the Scrapabill website or viewing content from or affiliated with Scrapabill). The term “User” refers to a Member or a Visitor as applicable.

05)CREATING AN ACCOUNT AND POSTING BILLS

To access and use the Service, you must create an account (your “Account”). By creating an Account, you certify that you are of legal age to form a binding contract, have not previously been deactivated or suspended from using the Service and are not a person barred from receiving the Service under the laws of Canada, the United States or other applicable jurisdiction. You acknowledge and agree that whatever bill ( Your “invoice”, “receipt”, “client ID”, “statement”, “account”, or any legal document received to prove the amount you owe to creditors or others) you are posting on the platform, it is addressed to you and you are the rightful owner of that bill, but no one else. When creating an Account or posting a bill, you agree not to provide any false information to us (including without limitation a false username or ID or fake bill) or create any Account for anyone other than yourself without the other person’s permission or knowledge; you agree never to use a user name or an ID that is the name of another person with the intent to impersonate that person. You agree never to use a user name or an ID that is offensive or subject to rights of another person without appropriate permission.

06)MOBILE PHONE SERVICES

These Scrapabill Terms of Service (“Terms of Service”) set forth the legally binding terms for Our Services may include certain services that are assessed or available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Scrapabill and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile phone number, you agree to promptly update your Scrapabill account information to ensure that your messages are not being sent to the wrong person.

07)OTHER RELATED TERMS OF SERVICE

If you sign up for additional services from Scrapabill, the additional services may be governed by terms associated with these services. The additional services you signed up under will apply to you in addition to these Terms of Service. If there is a conflict between these Terms of Service for such additional services, the latter shall take precedence with respect to the additional services.

08)WEB DEVELOPMENT, WEB MARKETING AND MAINTEANCE FOR MEMBERS

As a user of the Service, Scrapabill reserves the right to deduct cost of developing, marketing and maintaining a customize website and mobile application (“business website”)for your business from the accrue care cash amount that you are supposedly entitled to receive each month. The business website service is provided by our partnering web development company. You acknowledge and agree that Scrapabill at its own discretion shall negotiate and determine the cost of such business website on your behalf and you agree to purchase all domain names, hosting packages and other web products from our web development partnering companies.

THE SERVICES ARE A SOCIAL NETWORK THAT ENABLES MEMBERS TO USE OUR PLATFORM FOR ADVERTISING, FORM GROUPS TO SUPPORT BILLS THAT WILL MAKE CONTRIBUTIONS AND HELP YOU TO DEVELOP AN ONLINE PRESENCE FOR YOUR BUSINESS. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, CHARITY ORGANIZATION, AGENT, MULTI-LEVEL MARKETING COMPANY, WEB DEVELOPMENT COMPANY OR ANY ORGANIZATION INVOLVE IN PYRAMID SCHEME; The Services are administrative grounded on a social networking platform only. Scrapabill facilitates the transfer of funds through a third payment solution provider to the member for onward bill payment and receipt of care cash after payment is deducted for business website services. Scrapabill has no control over the conduct of, or any information provided by a member and Scrapabill hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

9)ADVERTISING FEES AND PAYMENTS

Scrapabill do not charge you any upfront fees to use the service. It is free and you reserve the right and discretion to decide if you would like to use our platform to form groups to pay your bill, raise funds or create and post an ad (“business ads,” “classified ads,” “articles” or “events.”). Whenever you post an ad, post a bill, form a group to support a bill or join a group to support a bill (“advertising”), whichever comes first, Scrapabill begin to charge you a monthly recurring fee for the service, which is considered to be advertising. Scrapabill retain a flat portion of each monthly advertising cost; another portion goes towards the bill of the user that created the group and the last portion is reserved for you as care or support cash from your group (collectively Scrapabill Platform Fees). It is part of this shared advertising revenue that goes towards paying your bills every month, and developing your business website in a systematic and contributive fashion. An additional payment processing fee is also deducted from the monthly recurring charge (the “Payment Processing Fee,” and together with the Scrapabill Platform Fees and any other imposed taxes or fees, the “Fees”). Apart from the Scrapabill Platform Fees and Payment Processing Fee, you will be charged yearly renewals, activation fees or the cost of issuing and shipping any prepaid products to you from our payment solution provider’s location (Collectively System Maintenance Fees). You acknowledge that by forming a group to support your bill, you joining a group to support a bill and creating an ad on our platform, you are agreeing to any and all applicable terms and conditions set forth by our merchant payment processor, payment partners and web development service partners, in addition to these Terms of Service, including Berkeley Payment Solutions and Zet Domain and Webix InfoTech.

Depending on our supported countries of operation, Scrapabill reserves the right to accept payments in any form it chooses at any time, including but not limited to digital currencies such as Bitcoin, ether, and paper currencies such as CAD, USD, EURO, GBP or any other applicable currencies.

10)MODIFICATIONS

Scrapabill reserves the right to change these Terms of Service from time to time. We will usually inform you of any changes by posting the updated Terms of Service on the Scrapabill website. If we make any physical changes to these Terms of Service, we will post a notification on the Scrapabill website and, if you are a Member, we will notify you via email and/or by asking you to review the changes to these Terms of Service the next time you login to access the Services. Your continued use of the Services after the time the changes are communicated as set out in this section will indicate your acceptance of the Terms of Service, including those changes.

11)BUSINESS DISCOUNT OFFERS TO MEMBERS

To direct traffic and increase sales, Scrapabill Business members are obligated to offer consistent discounts to all members who show proof that they are users of our services. You acknowledge and agree that you shall utilize our platform for customer loyalty by offering VIP privileges and special discounts, anywhere from 10% to 60%, off the cost of your products and services to all Scrapabill members. Your membership VIP privileges and discount offers maybe delivered online or at a physical business location.

12)FUNDS WITHDRAWAL

If you, as a Member, have posted a bill and have received contribution from members of your group, you reserve the right to withdraw accumulated Care Cash or bill payment funds at any time less cost of business website and any applicable fee (“Withdrawals”). The method of fund transfer to a member is solely based on whatever Scrapabill has available. Funds allocated for bill payment, which belong to a member, may be credited into a prepaid MasterCard, Visa card or Gift card once every two months. These payment solutions are administered by our partnering payment solution provider. You must utilize these payment cards in accordance to these terms of service and all transaction fees are controlled by our partnering payment solution provider. While Scrapabill strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be immediately available to you, and Scrapabill does not guarantee that Withdrawals will be available to you within any specific time frame, and Scrapabill expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. If you have provided a bank account or any other information for Withdrawals, you are responsible for ensuring that the information provided to Scrapabill is accurate, complete and up-to-date.

13)TAXES

It is your responsibility to determine what, if any, taxes apply to the funds you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority within your jurisdiction.

14)SECURITY AND SAFETY

When you sign up to become a Scrapabill Member, you will be asked to choose a username, enter your email address and password for your Scrapabill Profile or Scrapabill may assign a user name or password to you that you may change. When you post a bill, you will be asked to enter additional information about the issuer or creditor, account/invoice number and other relevant information. You are entirely responsible for maintaining the confidentiality of your password and all of your Scrapabill Profile. You agree not to use the Scrapabill Profile, Username, Email Address, Password, bill information of another Member. You agree to notify us immediately if you suspect any unauthorized use of your Scrapabill Profile or access to your password.

15)ADVERTISING AND OTHER PERMITTED USE OF SERVICES

You are disallowed to advertise on our platform except you are a member who post bills and form support groups on a regular basis. If you post ads and/or bills on our website, Scrapabill makes no guarantee of traffic to any particular website or that you shall have the required number of supporters for each bill you post. You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Services. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or that could interfere with any other party’s use and enjoyment of the Services. You may not use any third-party APIs, software, tools or scripts to access the website or the underlying technology, unless expressly authorized in writing by Scrapabill, or as permitted in any other agreement you enter into with Scrapabill.

16)ACCOUNT HOLDS

Scrapabill, occasionally may place holds on a member’s account (a “Hold”), restricting withdrawals for several reasons. Some of the reasons that we may place a Hold on a Member’s Account include the following: (i.) If we have reason, in our sole discretion, believe that information provided by a member to set up an account is false or funds are being used in a prohibited manner. (ii) A member is of illegal or unacceptable age to use the service and hasn’t obtained the consent and approval of parents or legal guardian (iii) Operating more than one profile and posting more than one bill at a time. (iv) A Member is under investigation and has been charged with financial crime, fraud and other serious crimes. (v) A member establishes, control and administer more than one group at a time. After the two years disengagement of groups has lapsed, a member allows the same member to support the same bill posted and a member was found guilty of giving bribes, incentives and favors to secure support. (vi) If required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. (vii) A business member intentionally refuses to grant a percentage discount to members that patronize their business as promised under these terms of service. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us at info@scrapabill.com

17)REFUND POLICY

To ensure that new members are content with our services, Scrapabill has a strict refund policy. If for whatever reason, you are 100% dissatisfied with the service, you reserve the right to demand for a full refund within the first 7 days that you initially subscribe to the service. You will only be charged processing fee by our processor. After 7 days, no request for a refund shall be granted and you will be deemed illegible for a refund. No refund is ever granted to members who have been receiving support from their groups, have created and posted an ad, and have been receiving compensation for using the service from the date they registered. All requests for a refund shall be submitted directly to info@scrapabill.com. You shall provide your full name, user name or email address and phone number during requisition of funds. It will help us to serve new members better in the future, if you will indicate why you are requesting for a refund within 7 days of subscribing to our services. Prior to your cancellation, anyone in your group that have started making monthly contributions towards your bill through shared advertising, you acknowledge and agree that those benefits shall be forfeited and withdrawn in accordance to the terms of this service without any further obligation to you.

 

18)THE PROCESS OF POSTING, SCRAPPING AND SUPPORTING A BILL

When you support a bill, the arrangement is solely between you and the member that owns the bill and you acknowledge and agree that a portion of that amount you pay monthly go towards that bill, another portion is allocated to building a business website for the member and Scrapabill reserves the right to keep the remaining amount for the service. For supporting a bill and without any additional charges, Scrapabill gives you access to other valuable services to you, such as using our platform to post ads, send direct messages to people on the Platform, and the ability to form your own group to support your bill. When you support or post a bill, you are obligated to follow our terms of service. The bill categorizes listed herein are examples of bills you can post on our platform and they may be issued and assigned a unique account number, client ID number, statement number or invoice number by your creditors:

  • Phone
  • Entertainment
  • Medical
  • Groceries
  • Education
  • Charity
  • Fitness
  • Other
  • Gas
  • Loans
  • Taxes
  • Internet
  • Transportation
  • Electricity
  • Therapy
  • Credit
  • Mortgages
  • Rent
  • Cable
  • Insurance
  • Daycare
  • Maintenance
  • Travel

 

19)RESPONSIBILITY OF MEMBERS AND BILL SUPPORTERS

As a bill supporter who is a business or sole member, you have the privilege, valuable offer, and reserves the right to advertise on our platform, (your advertisement may include, but not limited to creating a business ad, posting events, posting other useful contents and messaging others on our platform. You agree and acknowledge that you shall create and administer one group at a time for one bill account. As long as you are currently not administering a group at the time you support a bill, you can start another group to support a fresh bill. You understand that you are solely responsible in making the required recurring payments whether you are advertising, supporting a bill or posting a bill on our platform.

At any time a bill supporter default on their regular payments, exit your group, stop advertising or unable to meet the terms of service for whatever reason, you are fully responsible to cover the monthly amounts from any of your current or previous scrapped bills they defaulted on, until such time that another member, supporter or advertiser takes their place. You acknowledge and agree that from the date you get your first bill supporter for a bill, you have a maximum of 2 years to complete your group supporters for that bill and enjoy the benefits of the service. You acknowledge and agree that after 2 years, your bill supporters for that bill are disengaged and your supporters for that particular bill reserve the right to join other groups and post additional bill. There should never be any written contract, agreement, offers, bribes, incentives or enticement to a member or user to support your bill. This will be a cause or sufficient ground to deactivate and suspend your account.

20)REMOVAL OF CONTENT

The Services contain various types of Content namely:
(a) Scrapabill Content (b) Third Party Content (c) User Content. “Content means any and all postings, emails, messages, recommendations, comments, text, files, photos, , videos, sounds, and works of authorship, feedback, bug reports, or other materials. Each type of Content that you encounter has different rules and restrictions, as set forth below:

21)SCRAPABILL CONTENT AND OWNERSHIP

TAs between Scrapabill and you, Scrapabill owns or controls all right, title and interest in the Services and in the Content that it has placed on and within the Services, including its logos, trademarks and all other Intellectual Property Rights it controls (“Scrapabill Content”).

22)THIRD-PARTY CONTENT

Content from other Users, advertisers and other third parties may be made available to you through the Services as you interact with and “Post a bill and Create ads” as part of the Services (“Third Party Content”). You may add or recommend such Third Party Content to the Scrapabill Services and to other Users by using the “share” feature and you may share Third Party Content with others through e-mail, messaging or through your social network using the share feature. We do not filter or otherwise exercise control over such Third Party Content. Accordingly, you agree that we are not responsible for any such Third Party Content, including advertising and/or information about third-party products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content. Scrapabill is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.

23)USER CONTENT

We do not claim ownership in any Content that you post on, deliver to, or otherwise make available to the Services, through your Scrapabill Profile, your comments, or other features of the Services that may allow you to post your own Content (“User Content”). By posting User Content, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute your User Content in any and all media or distribution method (now known or later developed) throughout the world. The licenses granted under this Section will survive the termination or expiration of these Terms of Service for any reason. You are solely responsible for any and all User Content that you post on the Services and for your interactions with other Users. You should only post User Content to the Services that you own and that you are comfortable sharing with others under the terms and conditions set forth herein. You may not post a photograph or video of another person without that person’s permission. Other Users of the Service will be able to view any Content you post to the Services, subject to your limited ability to restrict access to your Content by changing your account preferences and settings. You represent and warrant that: (i) you own the User Content posted by you on the Service or otherwise have the right to grant the licenses set forth in these Terms of Service, and (ii) your User Content and the use of it by Scrapabill as permitted by the license granted in these Terms of Service does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person. We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate membership privileges of any Scrapabill Member who repeatedly is accused of infringing copyrights.

24)TERMINATION OF SERVICE

Scrapabill reserves the right, at its sole discretion, to modify, discontinue, terminate the Services or take legal action against anyone, at any time and without prior notice. Scrapabill may restrict, freeze or place hold on funds entitled to you, deactivate or terminate your access to the Services or your Scrapabill Profile for any reason. The major reasons the Services may be deactivated or terminated include but not limited to the following involvement:

  • You are ineligible to use the Services, whether as a Member or as a Visitor when you submit untruthful, inaccurate information and you not at least (13) years of age or older. Parental control protections for computers and mobile devices are commercially available that may assist you in limiting access to material that is harmful to minors.
  • You have reached the maximum allowable time frame to create, maintain and administer a group after a bill has been posted. You currently have a maximum of two years from the day the first member joins your group and support your bill.
  • You have allowed the same member to support the same bill you posted after two years have lapsed. And you are administering more than one group at the same time.
  • Non receipt of payment of Scrapabill Platform Fees and System Maintenance Fees for advertising, business websites development and posting your bills on our platform. As a Member that post bills and ads on our platform, you are responsible in covering all applicable fees
  • Funds you received from us that is assigned to pay your bills is being diverted, channeled and used for other unknown, unreported and undisclosed purposes.
  • You have more than one Scrapabill Profile and posting more than one bill without reaching the group target for that bill. Multiple Scrapabill accounts held by the same member maybe subject to deletion.
  • Transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) in any sole judgment of Scrapabill, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Scrapabill or its users to any harm or liability of any type;
  • Or interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
  • Posting of content and/or use that are illegal or prohibited by Scrapabill. The following are examples of the kind of content that you should never post or use on our website:
  • (a) Any activity that violates any law or governmental regulation; content or posting fraudulent or counterfeit bills, fake ads, misleading, inaccurate, dishonest or using more than one profile to post various bills at the same time.
     
    (b) Illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related para1phernalia;
     
    (c) Knives, explosives, ammunition, firearms, or other weaponry or accessories; annuities, investments, equity or lottery contracts, lay-away systems, offshore banking, prepaid or gift cards distribution or similar transactions, money service businesses (including currency exchanges), check cashing or the like), debt collection or cyptocurrencies;
     
    (d) Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
     
    (e) The promotion of hate, violence, harassment, discrimination, terrorism or terrorism or intolerance of any kind relating to race, ethnicity, national origin, religion affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
     
    (f) Offering monetary rewards, including gift cards; transactions for the sale of items before the seller has control or possession of the item;
     
    (g) Collection of payments on behalf of merchants by payment processors or otherwise;
     
    (h) Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Canadian or U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority; ransom, human trafficking or exploitation;
     
    (i) Pornography or other sexual content; offensive, graphic, perverse or sensitive content; the defense or support of anyone alleged to be involved in criminal activity;

 

25)EFFECTS OF TERMINATION

You understand that deactivation or termination of these Terms of Service and your Scrapabill Profile may result to your inability to further receive regular funding for your bill payments and care cash contributions from your group through their respective shared advertising cost. Any profile information deleted and stored on our database can only be reactivate and retrieve from archives for legal purposes only. We will not have any liability whatsoever to you for any restriction or termination of your Scrapabill Profile or related deletion or retention of your information for the purposes for which we deem fit.

26)USERS RESPONSIBILITY

Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that Scrapabill will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.

27)USERS RESPONSIBILITY

Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that Scrapabill will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.

28)INDEMNITY

Your access to and use of the Service and any content available on or through the Service is at your own risk. You understand and agree that the Service and content available on or through the Service are provided to you on an "AS-IS" and "AS-AVAILABLE" basis. WITHOUT LIMITING THE FOREGOING, Scrapabill EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. We make no warranty (i) that the Service or any content available on or through the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Scrapabill or through the Service will create any warranty not expressly made herein.

29)DISCLAIMER OF WARRANTIES

Your access to and use of the Service and any content available on or through the Service is at your own risk. You understand and agree that the Service and content available on or through the Service are provided to you on an "AS-IS" and "AS-AVAILABLE" basis. WITHOUT LIMITING THE FOREGOING, Scrapabill EXPLICITLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. We make no warranty (i) that the Service or any content available on or through the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (ii) regarding the quality of any products, services or content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. No advice or information, whether oral or written, obtained from Scrapabill or through the Service will create any warranty not expressly made herein.

30)LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SCRAPABILL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCRAPABILL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SCRAPABILL'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGHT THE SERVICE EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SCRAPABILL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

31)THIRD PARTY SERVICES AND PARTNER COMMUNITIES

The Services may contain links to third party websites, applications and/or services (“Third Party Services”) (i) placed by us as a service to those interested in this information; or (ii) posted by other Users. We may also place links or enable interoperability to Partner Communities or use other means that allow you to connect the Scrapabill Services to Partner Communities to give you more possibilities. You use all such links to Third Party Services and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience and such links to Third Party Services or Partner Communities do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service or Partner Community. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of Third Party Services or Partner Communities or links from those third parties back to the Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service or Partner Community.

32)SCRAPABILL FEES AND REVENUE SHARING

Members, who post a bill to get supporters, create an ad and/or or support bills (“advertising”) are subject to the applicable fees, revenue sharing and contribution distribution posted herein. You agree and acknowledge that these fees are subject to change without any prior notice to you:

Personal/Sole Account Fees
No. Description Cost Frequency
1 Scrapabill Advertising $45 Monthly
2 Listing Advertising $45 Monthly
3 Bill Support Expiration Fee $50 Every 2 years
4 Inactive Fee $30 One-time
5 Maintenance Fee $375 Every Year
6 Reactivation Fee $275 One-time
7 Bill Payment Card $10 Free Initial Sign Up
8 Care Cash Card $20 One-time
9 Courier/Postage Cost As Required As Required
10 Payment Processing Fee 1.9% + .30 cent As Required
11 Applicable Government Taxes As Required As Required
Business Account Fees
No. Description Cost Frequency
1 Scrapabill Advertising $45 Monthly
2 Listing Advertising $45 Monthly
3 Bill Support Expiration Fee $50 Every 2 years
4 Inactive Fee $30 One-time
5 Maintenance Fee $375 Every Year
6 Reactivation Fee $275 One-time
7 Bill Payment Card $10 Free Initial Sign Up
8 Care Cash Card $20 One-time
9 Courier/Postage Cost As Required As Required
10 Payment Processing Fee 1.9% + .30 cent As Required
11 Applicable Government Taxes As Required As Required
Business Account Fees
No. Description Cost Frequency
1 Bill Payment $20 Monthly
2 Care Cash | Business Website $5 Monthly
3 Bill Payment Card $5 Initial Sign Up Only

33)GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed in all respects by the laws of the Province of British Columbia, Canada without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Scrapabill must be resolved by a court located in Vancouver, British Columbia, Canada, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Vancouver, Canada for the purpose of litigating all such claims or disputes.

34)LEGAL RESPONSIBILITY

In order to cooperate with legitimate governmental or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of Scrapabill or a third party, to protect the safety of the public or any person, or to prevent or stop activity, we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Scrapabill Profile information (i.e. name, e-mail address, etc.), IP address, traffic information, usage history and posted Content.

35)DISPUTE RESOLUTION AND ARBITRATION

You agree that any disputes that may arise between you and Scrapabill in connection with the services (including without limitation your or third parties’ access to or use of Scrapabill) shall be resolve outside of class action litigation, in the most convenient and cost-effective manner by a binding arbitration. The arbitrate disputes includes all claims arising out of or relating to any aspect of the terms of this service, whether based on this contract, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after termination of the terms of service. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability relating to this agreement or terms of service.

Any arbitrator’s claim award shall be binding and may be entered as a judgment in any court of competent jurisdiction. We will pay any costs that are required to be paid by us under the arbitration administrator’s rules. Even if not otherwise required, we will reimburse you up to $700 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first three days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. If you are unable to afford any fees that you would otherwise be required to pay, you may request us to pay or reimburse them, and we will consider your request, but we are not obligated to do so.

All disputes arising out of or in connection with this terms of service, or in respect of any legal relationship associated with or derived from this terms of service, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (the “ADR Rules”), except as otherwise set out in this terms of service. The language of the arbitration will be English.

36)MISCELLANEOUS PROVISIONS

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service constitutes the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Scrapabill.

37)TERMS

These Terms of Service shall remain in full force and effect while you use the Services. You may delete your Scrapabill Profile and end your account at any time, for any reason by sending an email to info@scrapabill.com. The terms of the Agreement (including the Privacy Policy and any Additional Terms) constitute the entire and exclusive agreement between Scrapabill and you in connection with your use of our Services or our Content.

38)LANGUAGE

This Terms of Service was written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.

39)OUR CONTACT INFORMATION

If you have questions, comments or concerns regarding this Terms of Service, please contact us:

Scrapabill™
Suite 300-1275 West 6th Avenue Vancouver, BC V6H 1A6 Attention: Legal Department Web: www.scrapabill.com
Phone: 6047370995