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Good Neighbour Guarantee

What is the Good Neighbour Guarantee?

In the unlikely event that a problem arises in the course of a Project, this Good Neighbour Guarantee allows a Residential user of our Platform to ask us to arrange to fix that problem or—if fixing it is impractical—to provide compensation of up to $2,500. These remedies are subject to the limitations, exclusions and conditions set out in this Good Neighbour Promise below and in our general Terms of Service, of which this Good Neighbour Guarantee forms a part.

The purpose of this Good Neighbour Guarantee is to give you peace of mind and to strengthen your confidence in using the Platform. 
Except as may be explicitly provided herein, the general Terms of Service shall apply fully and completely to this Good Neighbour Guarantee, including its clauses regarding disclaimers of warranty, limitations of liability, indemnification, arbitration and governing law.

When can I make a claim?

You can make a claim under this Good Neighbour Guarantee if a Pro's work was substandard, incomplete, done improperly or not done, and if all of the following are additionally true:

  1. You did not alter nor modify the work that was done or that should have been done, unless and only to the extent required by exigent circumstances (e.g. in the event of a potentially harmful water leak in your home).

  2. Your claim was submitted no later than fifteen (15) days after you became aware of the Problem, and in any event no later than six (6) months after the Problem arose.

  3. You were a Residential user of the Platform at the time you entered into the Pro Agreement and at the time the Problem arose.

  4. The Problem resulted from work that was required to be done on the basis of a Pro Agreement.

  5. All work done, if any, was performed by the Pro that you chose on the Platform.

  6. The Problem did not result from an add-on or extension or modification to the Project or Pro Agreement that was made outside of or off the Platform.

  7. The work done (or that should have been done) according to the Pro Agreement was the direct and primary cause of the Problem.

  8. None of the work was done before the Pro Agreement was made.

  9. Neither the Pro Agreement, nor the work to be done violate or would violate any legal obligation, and you have not breached the Terms of Service nor this Good Neighbour Guarantee.

  10. You are a resident of the Greater Toronto Area and the Problem arose there.

The following are excluded and cannot form the basis of a claim under this Good Neighbour Guarantee:

  1. Indirect or incidental damage, including damage to other property that is not the object of the Pro Agreement, or interruption of electrical or other services (except, at our sole discretion, for small amounts of compensation for damage that is closely related to the job, such as food spoilage resulting from a faulty refrigerator);

  2. Problems resulting from previous faulty workmanship, a latent defect, deterioration, ordinary wear & tear, or damage by insects;

  3. Bodily injury or harm to animals;

  4. Problems that resulted from the enforcement of or a duty to respect any legal obligation or rule, such as a municipal by-law violation, or a Pro's refusal to do perform work that would result in such a violation;

  5. Problems that resulted from an intentional tort, an intentional fault, a criminal act, including theft or terrorism, or a mysterious disappearance;

  6. Problems that resulted from force majeure or an act of God;

  7. Any normal, usual, or natural result of the work undertaken;

  8. Claims that are in any respect fraudulent or deceptive, including any collusion between you and the Pro, whether directly or indirectly, explicitly or implicitly;

  9. Problems related to a Pro Agreement that was concluded before this Good Neighbour Guarantee entered into effect;

  10. Problems for which you receive or are eligible to receive another remedy, including through insurance; and

  11. Claims made by anyone other than a Residential user of the Platform, such as a Pro.

How do I submit my claim?

To submit your claim, follow these steps:

  1. First make a good-faith attempt to resolve the Problem directly with the Pro. If your specific Problem cannot reasonably be addressed directly with the Pro, or if you fail to resolve the issue through your good-faith attempt, contact us and we will help you to resolve the issue informally in an appropriate way.

  2. If your attempts to resolve the Problem by following the process described above in (a) were unsuccessful, you must submit your claim through our Good Neighbour Guarantee submission form. You must include the following documents and information with your submission in order for your claim to be eligible:

    1. Proof that you hired the Pro, including all information necessary to allow us to understand what was agreed to and when (e.g. screen captures of the Pro Agreement, any relevant off-Platform communication between you and the Pro);

    2. Proof that you made a good-faith attempt to resolve the issue with the Pro or contacted us to request help in resolving the issue;

    3. If applicable, any reason you have to believe that it would be inappropriate to resolve the Problem by having the same Pro or another Pro complete the work; and

    4. All other mandatory fields in the claims submission form.

By submitting the claim, you agree:

  1. to provide us with a reasonable opportunity to inspect the Problem or have it inspected by a third party;

  2. to provide us any evidence that you possess of the existence of the Pro Agreement, of related payments that you made, as well as any other relevant documents or information that we may reasonably request;

  3. to reasonably cooperate in any attempt we may make to recover our expenses related to your claim from the Pro, including by acting as a witness and providing necessary evidence;

  4. that we may subtract from any payment under the Good Neighbour Guarantee any amounts that you owe to us or otherwise owe through the Platform;

  5. to sign a sworn statement affirming that all of the information you provided in your claim is true within 60 days of any request from us to do so;

  6. to hold in strict confidence any information related to your claim or to the Problem and not to disclose this information directly or indirectly, except to your legal or accounting advisors; and

  7. to refund any amounts that we erroneously pay or have paid to you.

How will my claim be processed?

We will process your claim within a reasonable period of time and will make commercially reasonable efforts to complete processing within 45 days of its submission.
If we decide that your claim has merit, we may, in our sole discretion, offer you one, both, or neither of the following remedies:

  1. Complete or repair the work. Whenever we, in our sole discretion, choose to offer a remedy, we always favour sending a Pro to remedy the Problem by completing or repairing the work. We may, in our sole discretion, send the same Pro or a different Pro to do so.

  2. Provide You with compensation. In the event that it is impossible to complete the work or repair the Problem we may, in our sole discretion, provide you with compensation of up to $2,500, less any amounts that we spent to have the work completed or to attempt to have the work completed. If you refused reasonable recommendations from a Pro to fix the problem, you will not be eligible for compensation to the extent that we determine, at our sole discretion, the recommended work would have fixed the Problem. Depending on the circumstances we may, at our sole discretion, provide this compensation to you by reimbursing you for payments you made through your credit card, providing you with credit on the Platform that can be used to hire another Pro, or send you a cheque. Payment of compensation is subject to your prior signature of a waiver and release in the form we provide to you.

Notwithstanding any other provision to the contrary, it is in our sole discretion to provide or withhold the remedies above or any other remedy, irrespective of a claim's eligibility.

What other terms and conditions apply?

This Good Neighbour Guarantee is not insurance. To the extent that You desire such protection, you must purchase insurance that will provide sufficient coverage.
This Good Neighbour Guarantee does not give rise to any third party rights and no third party is a beneficiary of this Good Neighbour Guarantee.
We reserve the right, at our sole discretion, to terminate the Good Neighbour Guarantee at any time without notice. Such a termination will not affect the availability of the Good Neighbour Guarantee with respect to Pro Agreements entered into prior to termination.
You may not assign nor transfer this Good Neighbour Guarantee, by operation of law or otherwise, without our prior written consent. Any attempt to do so will be null and void and of no effect. We may assign or transfer this Good Neighbour Guarantee, at our sole discretion, without restriction.
Numbered headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, this document.
In the event of any payment to you under this Good Neighbour Policy, We shall be subrogated to all of your rights of recovery for that payment, and you shall execute all papers required and shall do everything that may be necessary to secure such rights.
This document, along with our Terms of Service, and any other documents explicitly named in the Terms of Service, constitute the entire agreement between you and us.

How are terms with capital letters defined?

Terms defined in the general Terms of Service (such as "Platform" and "Pro") have the same meaning unless they are defined differently in this document.
"Problem" means damage that You suffered because work on Your Project was substandard, incomplete, done improperly or not done.
"Pro Agreement" means an agreement made between You and a Pro on the Platform.
"Project" means work that was required to be done according the terms of a Pro Agreement.
"We", "us" and "our" refer to Quartermaster Inc.
"You" and "your" refer to a Residential user of the Platform. All others, such as Pro users of the Platform, are ineligible for this Good Neighbour Guarantee.

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