Terms of Use and Release of Liability

1. Who these terms are between

These terms are an agreement between you and Frankwork. In these terms, “Frankwork”, “we” and “us” mean the Frankwork website and app at frankwork.ca (and its other addresses, such as frankwork.net), and every person who owns, runs, hosts, moderates or volunteers for it, now or in the past, together with their heirs and anyone acting for them. Together these are the “Released Parties”. “You” means you, the member.

These terms work together with our Principles and Privacy page.

2. What Frankwork is, and what it is not

Frankwork is a free, not-for-profit noticeboard. It only lets neighbors find each other and send messages. That is all it does.

• We do not arrange, supervise, inspect, take part in or guarantee any help, item, loan, meeting or task.
• We are not a party to anything you agree with another member.
• We do not check who members are beyond a working phone number. We do no background, criminal record, reference or identity checks.
• We do not check that what people post is true, safe, legal or what they say it is.
• Members are not our employees, volunteers, contractors or agents, and we are not responsible for what they do or fail to do.
• Frankwork is not an emergency service. In an emergency, call 911.

3. Who can join

You must be 18 or older and able to make a legal agreement. You join only for yourself, not for a business or group.

4. You are responsible for yourself

You alone decide whether to post, offer, ask, accept, meet, give, lend or borrow, and with whom. You are fully responsible for:

• everything you do, say, post, give, lend, borrow or take, and how you do it;
• your own safety, health and property, and that of anyone you bring with you;
• checking that a person, item, tool, food or place is safe before you rely on it;
• following the law, including any licence, permit, certificate or insurance a task needs (for example, your own home and car insurance).

Any help or exchange is only between you and the other member, at your own risk.

5. The risks you accept

Helping and being helped carries real risks. They include, but are not limited to:

• injury, illness, disability or death, including from lifting, moving, yard work, snow clearing, ladders, tools, vehicles, travel, animals or the weather;
• loss of, theft of or damage to property, including items you lend or give;
• items, tools, food or places that are unsafe, defective, spoiled, contaminated, recalled or not as described;
• meeting people you don't know, including dishonesty, fraud, harassment, threats, violence or assault by another member or anyone else;
• people not showing up, changing plans, or not doing what they said;
• information on Frankwork being wrong, out of date, unavailable or lost, and the site not working.

You freely accept and take on all of these risks, whether known or unknown, and whether or not they are caused by the negligence of the Released Parties.

6. Release of liability and waiver of claims

To the fullest extent the law allows, you give up (waive) every claim you have or may have against the Released Parties, and you release them from all liability, for any injury, illness, death, loss, theft, damage, cost or expense of any kind, that comes from or is connected in any way to:

• your use of Frankwork, or not being able to use it;
• any post, message, meeting, help, task, item, loan or gift;
• anything any member or other person does or fails to do;

This includes claims caused by the negligence, breach of contract or breach of any duty of care of the Released Parties, including any failure to check, warn, protect, moderate, remove content or block a member.

You agree not to sue or make any claim against the Released Parties for these things. This release binds you, your heirs, executors, administrators, family members, legal representatives and anyone who might claim through you, including an insurer.

7. You cover claims caused by you

To the extent the law allows, if anyone makes a claim against a Released Party because of something you did, posted or failed to do, or because you broke these terms or the law, you will pay that Released Party's reasonable costs, including legal fees, and any amount they have to pay.

8. No promises about the site

Frankwork is free and is offered “as is” and “as available”. To the extent the law allows, we make no promises or warranties of any kind, including that it will be safe, accurate, available, secure or free of errors, or that we will review, remove or act on any post, message or report within any time, or at all.

9. Limit of liability

If, despite these terms, any Released Party is found legally responsible to you for anything, the total amount all Released Parties together must pay is limited to one hundred Canadian dollars ($100), to the extent the law allows. No Released Party is responsible for any indirect, special or consequential loss.

10. What isn't allowed

Along with the Principles (no money, no businesses), do not use Frankwork to ask for or offer:

• work the law says needs a licensed or certified person, such as electrical, gas, or structural work;
• medical, legal or financial advice or care;
• prescription drugs, alcohol, cannabis, tobacco or vaping products, weapons, ammunition or anything illegal or recalled;
• looking after children, or adults who can't look after themselves, without their parent, guardian or caregiver there.

We may remove any post or message, and block any member, at any time and for any reason, without notice. We don't have to watch what members post.

11. Staying safe

These are suggestions, not a promise of safety: meet somewhere public first, tell someone where you're going, don't share your address until you're comfortable, check items and tools before using them, and leave if anything feels wrong. If you feel unsafe, call 911. Report anything that isn't right.

12. Your posts

You are responsible for what you post and send. You let Frankwork show it on the site for as long as it is up. Don't post anything untrue, unlawful, hurtful, or anyone else's private information.

13. Disagreements between members

Sort out any disagreement directly with the other member. We don't have to step in. If you have a disagreement with another member, you release the Released Parties from any claim connected to it, as set out in section 6.

14. Changes

We may change these terms. If we do, we'll ask you to read and agree to the new version before you can keep using Frankwork. If you don't agree, stop using Frankwork.

15. The legal bits

• These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Any claim must be brought only in the courts of Ontario sitting in the Region of Waterloo.
• If a court decides any part of these terms can't be enforced, that part still applies as far as the law allows, and the rest of the terms stay in full force.
• Nothing in these terms takes away a right that the law says can't be taken away.
• If we don't enforce part of these terms right away, we can still enforce it later.
• These terms, the Principles and the Privacy page are the whole agreement between you and Frankwork.

16. Your agreement

By ticking the box to agree, you confirm that you have read and understood these terms, that you know you are giving up legal rights, including the right to sue for negligence, that you had the chance to ask questions or get advice, and that you agree to them freely.