Terms and Conditions

DynamoKitchen is a division of OiC Professional Services Corp. (“Dynamo Kitchen”, “Dynamo” “we”, “OiC” “us” or “our”). All rights (including ownership) of every kind relating to the Platform, Website and Dynamo Kitchen intellectual property are exclusively owned and enforceable by OiC Professional Services Corp. For the purposes of this Agreement any reference to the term “Dynamo” or “Dynamo Kitchen” shall also be a reference to OiC.

The following General Terms and Conditions (the “Terms”) apply to both a visitor’s use of the DynamoKitchen website and applications (the “Platform”) and the use of Dynamo’s website at www.DynamoKitchen.com. The terms "You" or “Your” (in both upper and lower case) refer to the individuals using the Platform (also a “Dynamo User”) as well as individuals or organizations who are providing services to Dynamo Users on Platform or Website (“Dynamo Service Provider”). The terms “We”, “Our” or “Us” (in both upper and lower case) refer to DynamoKitchen, Dynamo and OiC’s rights as owner of DynamoKitchen Platforms. The Agreement is an agreement between You and Us and by using the Platform, or visiting the Website, You agree to be bound by the Terms.

BY DOWNLOADING, ACCESSING OR USING OUR PLATFORM OR WEBSITE AND REGISTERING AN ACCOUNT, OR ENGAGING IN ANY WAY WITH A PRODUCT, OR SERVICE OFFERED BY A DYNAMO SERVICE PROVIDER, OR PROVIDING OR OFFERING A PRODUCT OR A SERVICE AS A DYNAMO PRODUCT OR SERVICE PROVIDER, ACCORDING TO THE TERMS AND CONDITIONS BELOW, YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND US, EVEN THOUGH IT IS ELECTRONIC AND IS NOT PHYSICALLY SIGNED BY EITHER YOU OR US. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE PLATFORM AND WEBSITE OR USE THE PRODUCTS, SERVICES OR CONTENT IN ANY WAY.

Further, by purchasing any Dynamo Product or Service Provider’s offering, product or service or participating in other available programs via the Platform or the Website, or by engaging, as a Dynamo User with any Dynamo Product or Service Provider You both agree to these Terms of Use.

1. Description of DynamoKitchen :

DynamoKitchen is a proprietary marketplace platform that enables prospective customers to find, order, book, and connect with food, beverage, and related service providers. Dynamo enables chefs, cooks and bakers to open their own cloud kitchen on the Platform and to earn an income.
Further, Dynamo platform enables users (a “Dynamo User”) to order foods and beverages directly from independent chefs, cooks and bakers; and helps food and related service providers (a “Dynamo Service Provider”) to monetize their skills, equipment, and time. Both Dynamo Users and Dynamo Product or Service Providers are bound by these terms and any reference to “You” (in upper or lower case) shall include both a Dynamo User and a Dynamo Service Provider.

2. How Dynamo Works :

Dynamo is a proprietary platform that brings together food and related service providers, and potential customers. Whenever someone needs to order or pick up food, they can find on Dynamo Platform a product and service provider (the Dynamo Service Provider) who may be willing and able to provide that product or service.The proprietary platform allows for searching, connecting, advertising and booking of services between Dynamo Users and Dynamo Service Providers. The Dynamo Service Provider and the Dynamo User connect and agree on the products and services to be provided using the Platform. Such transaction is wholly independent from the Platform and Website and as such we have no responsibility, liability, or warranty in relation to this transaction.

3. Obligations of Dynamo Users and Dynamo Service Providers :

Dynamo Users and Dynamo Service Providers agree to adhere to the following covenants, and further agree that a breach of any of the following is sufficient cause for their account with Dynamo to be terminated:

Dynamo Users and Customers: Agree to,
1. Adhere to, or provide reasonable cancellation notice for, any service appointment that they set up with a Dynamo Service Provider; and
2. Pay all costs, charges, and fees associated with any product or service that they request from a Dynamo Service Provider.
3. Accept that all orders are final and non-refundable once an order is confirmed.
Dynamo Service Providers: Agree to,
1. Provide only high quality and legal products and services;
2. Provide the product and complete the service requested by the Dynamo User or Customer before they are eligible to receive payment from DynamoKitchen or OiC; and
3. Be responsible for paying directly all government taxes and fees applicable to their income, and
4. Be responsible for fees charged by Dynamo Platform and its parent company, OiC Professional Services Corp, which are currently 15% of gross revenues;
5. Accept payment only on DynamoKitchen platform;
6. Update their products and availability to perform services in a prompt and timely manner; and
7. Not misrepresent that they can provide a product or perform a service that they are otherwise unable to provide or unavailable to perform.
Our protection from liability relating to the engagement between the Dynamo User or Customer and the Dynamo Service provider shall be complete to the fullest extent of the law. As such, both Dynamo Users, Customers and Dynamo Service Providers agree to indemnify and hold Us harmless for any fees, costs, damages, payments, claims of any nature relating to a product or service that is unsatisfactory, cancelled or unpaid (on the part of a Dynamo User or Customer) or that is performed incorrectly, or in a way that that causes damages (on the part of the Dynamo Service Provider). We have shall no liability, whatsoever, with respect to the engagement between a Dynamo User/Customer and a Dynamo Service Provider other than providing an initial connection through the Platform. Any decision by a Dynamo User/Customer to engage a Dynamo Service Provider to provide a product or to perform a service, or a decision by a Dynamo Service Provider to actually provide or sell a product or to perform a service is an independent transaction between such Dynamo User/Customer and Dynamo Service provider for which we have no engagement, liability, warranty, or responsibility.

4. Your Account and Profile:

To become a Dynamo User or a Dynamo Service Provider you must register on the Platform. During the registration process you will be required to submit your name, phone number, banking or credit card information, address and business information (in the event of a Dynamo Service Provider). Dynamo users may also sign up using their social media accounts (such account sign-in is subject to the terms of Section 21 below).
Your account is non-transferable. You cannot sell, combine, or otherwise share it with any other person, entity or company. Any violation of these terms, including, without limitation, failure to maintain updated and correct information about your account, which will include maintaining up to date financial information, will cause your account to fall out of good standing and we reserve the right to cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current or future account credits, and any other forms of unredeemed value in your account.
Upon termination, the provisions of these terms that are by their nature intended to survive termination (indemnities, waivers, and confidentiality and intellectual property provisions) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Platform or Website, including, without limitation, requirements and eligibility for use.
You may only create and hold one account on the Platform for your personal use, or for your use as a Dynamo Service Provider, and You must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account.
You understand and agree that we have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Platform and Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

5. Dynamo Service Provider Fees:

Upon implementing payment functionality, Dynamo Service Providers will be charged fees for utilizing the Platform and posting service availability. This fee is currently set at 15% of gross revenues, but may be subject to change in the future.

6. Your Permission to Use and Access Our Platform:

Your permission to use our Platform is conditional upon Your agreement that You:

are 18 years of age and can enter legally into a binding agreement;
will comply with these terms;
will provide accurate information when creating an account or downloading the Platform;
are solely responsible for your user account and the activity that occurs while signed in to or while using our Platform;
will not use our Platform to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial solicitation purposes;
will not use the communication systems provided by or contacts made on our Platform for any commercial solicitation purposes;
are solely responsible for your content submissions, including discussion posts, profile information and links, pictures, and other such content (if the same are made available through our Platform);
represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize us to use any and all content submitted by You to Us in accordance with the licenses granted in these terms;
Represent, in the event that you are a Dynamo Service Provider that you have the necessary skill, resources, business licenses, and legal authority to perform the services that you advertise;
Represent, in the event that you are a Dynamo User that you will pay for products and services to Dynamo Product or Service Providers in accordance with the terms and conditions set out by Dynamo.
will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, or trade secret, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Dynamo; and
Hereby agree that we have the right to determine whether any of your content submissions are appropriate and comply with these terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Failure to adhere to these covenants can result in immediate termination of your Dynamo Service Provider account.

7. Platform User Conduct:

With respect to the Platform, both Dynamo Users and Dynamo Service Providers expressly agree:

To :
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to Us and keep it updated.
3. Use Your real name (or the real name of your organization) on your profile.
4. Comply with the Canadian Anti-Spam rules and regulations.
To not :
1. Act dishonestly, including by posting inappropriate, inaccurate, or objectionable content or advertisements for products you cannot provide or work that you cannot perform (as a Dynamo Service Provider) either because of lack of skill, availability or because the product/work is not legal to be provided/performed by You.
2. Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not
  a field provided by Dynamo).
3. Create a false identity on Dynamo.
4. Misrepresent your identity, including but not limited to the use of a pseudonym.
5. Disclose your password.
6. Use or attempt to use an other's account.
7. Harass, abuse or harm another person.
8. Send spam or other unwelcomed communications to others.
9. Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
10. Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner.
11. Disclose information that you do not have the right to disclose (such as confidential information of others).
12. Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights.
13. Violate the intellectual property or other rights of Dynamo, including, without limitation, using the word “Dynamo Kitchen” or our logos in any business name, email, or URL;
14. Private message any unsolicited or unauthorized advertising to your Dynamo Service Provider’s, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Dynamo;
15. Send messages to distribution lists, newsgroup aliases, or group aliases;
16. Post anything that contains software viruses, worms, or any other harmful code;
17. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the services;
18. Create profiles or provide content that promotes escort services, prostitution or any other illegal offering or service;
19. Creating or operate a pyramid scheme, fraud or other similar practice;
20. Copy or use the information, content or data of others available on the Platform (except as expressly authorized);
21. Copy or use the information, content or data on Dynamo in connection with a competitive service from another Dynamo Service Provider (as determined by Dynamo);
22. Copy, modify or create derivative works of Dynamo, the services we offer through the Platform or any related technology (except as expressly authorized in writing by Dynamo);
23. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology, or any part thereof;
24. Imply or state that you are affiliated with or endorsed by Dynamo without our express consent;
25. Remove any copyright, trademark or other proprietary rights notices contained in or on our Platform;
26. Remove, cover or obscure any advertisement included on the Platform;
27. Collect, use, copy, or transfer any information obtained from Dynamo without the consent of Dynamo;
28. Share or disclose information of others without their express consent;
29. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Platform or any related data or information;
30. Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages;
31. Monitor the Platform’s availability, performance or functionality for any competitive purpose;
32. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
33. Access the Platform except through the interfaces expressly provided by Dynamo, such as its Platform and Website (if applicable);
34. Override any security feature of the Platform;
35. Interfere with the operation of, or place an unreasonable load on, the Platform or Website (e.g., spam, denial of service attack, viruses, gaming algorithms);

8. General Information:

All products and services that are described, made available or provided on the Platform or Website by a Dynamo Service Provider may be changed or withdrawn at any time without notice.The information, material and content provided in the pages of the Platform and Website, including pricing information for products, services or deals that are provided by Dynamo Service Provider’s, (the "Information") is believed to be reliable when posted, but there is no guarantee or warranty that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies or typographical errors, Dynamo and their officers, directors, employees and agents have no obligation to update the Information, and also have no liability with respect to the Information. The Information on the Platform and Website may be changed, withdrawn or terminated at any time without notice. Each Dynamo Service Provider expressly agrees to indemnify and hold Us harmless from any losses, damages, claims or lawsuits as a result of inaccurate or misleading Information provided by a Dynamo Service Provider.

9. Local Laws and Export Control:

It is important to note that not all of the products, services and Information made available or provided on the Platform or Website by a particular Dynamo Product or Service Provider are available in all jurisdictions. In addition, the Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation.
Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the pages of the Platform and Website. If you choose to access the Platform or Website, or purchase a product or service from a Dynamo Service Provider, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.
You may not use, export or re-export the Information or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

10. No Advice :

Any Information provided on the Platform and Website, including any data, text, comments, pages, commentary, is for informational purposes only and is not intended to provide specific financial, investment, real estate, tax, legal, accounting or other advice to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. We will have no liability for any Information that is provided by a Dynamo Service Provider on the Platform.

11. No Warranties :

Dynamo provides the Platform and the Information on an "as is, where is" basis and does not make any express or implied warranties, representations, or endorsements with respect to the Platform or Website, the products or services offered, or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, Dynamo does not represent or warrant that the Platform or Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate
precautions to scan for computer viruses or other destructive properties. Further, Dynamo expressly disclaims any warranty or guarantee, of any kind, relating to bookings not being completed by a Dynamo Service Provider, work actually performed by a Dynamo Service Provider, incorrect business information provided in the account of a Dynamo Service Provider, or a Dynamo User being dissatisfied with the level or quality of service they receive, and in no way shall We be liable for any of the foregoing.

12. Indemnification :

You (both Dynamo Users and Dynamo Service Providers) agree to indemnify, defend and hold Us harmless, as well as our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of or inability to use the Platform, any user postings made by You, Your violation of these Terms or Your violation of any rights of a third party, any claim relating to a service that is performed by a Dynamo Service Provider for a Dynamo User, or Your violation of any applicable laws, rules or regulations. Dynamo 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 Dynamo in asserting any available defenses.Further, You (in your respective capacity as a Dynamo User or Dynamo Service Provider as the case may be) agree to hold Us harmless and fully indemnify Us, relating to any damages, losses, claims or lawsuits relating to bookings not being completed by a Dynamo Service Provider, faulty, incorrect, or negligent work performed by a Dynamo Service Provider, incorrect business information provided in the account of a Dynamo Service Provider, or a Dynamo User being dissatisfied with the level or quality of service they receive, and in no way shall We be liable for any of the foregoing.

13. Trademarks, Copyrights and Intellectual Property Rights :

Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on the Platform and Website, are trademarks or trade names owned by Us. Nothing on the Platform and Website shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise. The information provided on the Platform is for your personal use, provided such use includes a reference to the respective copyright and/or trademark notice or attribution as denoted on the pages copied. Except when otherwise stipulated, this information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a
derivative work or otherwise used for public or commercial purposes without Our express written permission, which permission may be withheld for any reason. The Information is protected under the copyright laws of Canada and other countries. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the Platform and Website may be a violation of federal or other law that may apply to trademarks and/or
copyrights, and such actions could subject the copier to legal action.
You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Platform and Website, including applicable copyrights, trade-marks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Platform and Website in accordance with this Agreement. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on the Platform and Website is owned by Us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned by Us. Content provided by Us is provided to You “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Further, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of Your intellectual property rights related to any content, or any nature, that you may post on the Platform and Website, in any manner We choose. If You have any rights to the content that cannot be licensed to Us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and
partners anywhere in the world, with respect to such rights.

14. Information Provided By You :

You agree that any information or materials that you provide to Dynamo through the Platform or Website shall become the sole property of Dynamo, and may be used freely by Dynamo. By providing such information and materials, you declare and warrant that you have all necessary rights to submit such information and materials and that the information and materials do not infringe the rights of third parties.

15. Electronic Communication via the Internet :

Any unprotected electronic communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail, social media pages) not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information about You or others via these mediums. Dynamo is not responsible for and will not be liable to You or anyone else for any damages in connection with an email, text message, comment, post or any other electronic message sent by You to Us or an email, text message, comment post or any other electronic message sent by a Dynamo User to You, and you hereby agree to indemnify Us for any damages, claims or causes of action pursuant to this provision.

16. No Endorsements :

No endorsement or approval of any Dynamo Service Provider, or any third party or its advice, opinions, information, products or services is expressed or implied by our authorizing You to use Our Platform. Further we do not endorse the work, or provide a warranty relating to the work of any Dynamo Service Provider. If, as a Dynamo User, you choose to engage a Dynamo Service Provider to perform certain work, you are doing so of your own free will and choice, without any coercion from Us. As such you accept, wholly, the risk of engaging with said Dynamo Service Provider. Also, as a Dynamo Service Provider you are taking on the risk of performing the services for the Dynamo User, and as such you take on full responsibility relating to this engagement in the same way that you would if you engaged a client outside of the Platform. You both acknowledge that You have no claim against us in your relationship with each other.

17. No Liability :

We are not responsible, and will not be liable to you or anyone else, for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Platform, or your ability or inability to access or use the Platform, or any action or decision made by You in reliance on the Platform, or any errors in or omissions from the Platform, or any unauthorized use or reproduction of the Platform, even if We have been advised of the possibility of these damages. We are also not liable in any way for unpaid fees, costs damages, or claims of any kind for work performed by Dynamo Service Providers that goes unpaid by Dynamo Users, nor are we liable in any way for costs, damages, and claims of any kind from Dynamo Users relating to work done by Dynamo Service Providers (whether negligent or otherwise). You agree to fully indemnify and hold Us harmless for any claims of this nature and acknowledge that
this clause is reasonable as We are not providing any direct service, other than an interaction portal through the Platform. You further acknowledge that any engagement between a Dynamo User and a Dynamo Service Provider is an independent contract and there is no relationship of privity, joint venture or partnership with Us for that separate transaction.

18. No Unlawful Use :

As a condition of Your use of the Platform and Website, You warrant to Us that You will not use the Platform or Website for any purpose that is unlawful, or is prohibited by these Terms. You may not use the Platform and Website in any manner which could damage, disable, overburden, or impair the Platform and Website or interfere with any other party's use and enjoyment of the Platform and Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform and Website. You will not post or distribute any material on the Platform and Website that violates the rights of any third party,

19. Links/Software :

The Platform and Website may include links between the Platform and Website and other sites. Links from or to other sites, are for convenience only. Dynamo does not review or control, and are not responsible for, any Platform or website linked from or to the Platform and Website, the content of those Platforms and Websites, the privacy practices of those Platforms and websites, the third parties named therein, or their products or services.These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such Platforms or websites. We expressly disclaim any representations regarding the content or accuracy of materials on such Platform and website or the privacy practices of those Platform and website. If you decide to access Platform and Website maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource. Linking to any other Platform or website is at your sole risk and Dynamo will not be responsible or liable for any damages in connection with such linking. In addition, Dynamo does not endorse or approve of any Platform and website linked from or to the Platform and Website, except for the Platform and Website of Dynamo. You may not gather, extract, reproduce and/or display on any other non-Dynamo Platform and website or other online service, any material on or from the Platform and Website, whether or not by the use of spiders or other 'screen scraping' software or system used to extract data without the express consent of Dynamo which consent may be unreasonably withheld. If you download any document (including all file types) or software, we are not responsible or liable for any difficulties or consequences associated with downloading such software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies such software or is provided with such software or herein.

20. Jurisdiction :

The Platform and Website is administered by Dynamo as specifically disclosed in the footers of the Platform and the Website, from its offices in Canada. The Platform and Website, and the terms of use will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Platform and Website, or this Agreement shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Alberta. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Alberta to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Platform and Website, of this Agreement.

21. Third Party Log In :

We may, at our sole discretion provide for third party log-in functions. If You log-in using Your credentials for another service including, without limitation, Facebook, LinkedIn, Google, Microsoft, or Twitter, you may be re-directed to a sign-in request page hosted by that third-party service. By signing-in using Your credentials for that service, You agree to be fully bound by all of the terms and conditions stated herein, and to the extent that You provide any information to any of these third party services, You also agree to abide by and be bound by their stated terms of use and privacy policies.

22. Disclaimer Re: Changes :

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHIC IMAGES (“CONTENT”) INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM AND WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT HEREIN. DYNAMO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AND WEBSITE AT ANY TIME. DYNAMO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT CONTAINED ON THE PLATFORM AND WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY PLATFORMLICABLE LAW, ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DYNAMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE THAT DYNAMO IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF INFORMATION IT MAY OBTAIN FROM LINKED SITES.

23. Limitation of Liability :

We are not responsible for:

Losses, costs, damages or claims caused to a Dynamo Service Provider as a result of a Dynamo User not paying a service fee to a Dynamo Service Provider;
Losses, costs, damages, or claims by a Dynamo User because of work performed (or not performed) by a Dynamo Service Provider;
Disputes relating to the engagement of services between a Dynamo User and a Dynamo Service Provider;
Representations or warranties of any kind made by a Dynamo Service Provider or Dynamo User;
losses not caused by a breach by Us of these terms;
indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into these terms, for example loss of profits or loss of opportunity as a result of a Dynamo User engaging with a Dynamo Service Provider;
content posted by other Dynamo Users or Dynamo Service Provider’s;
loss of data;
loss of goodwill
computer, smartphone, or Platform malfunction or failure;
business or commercial losses caused to non-consumers; or
failure to provide the Platform or to meet any of our obligations under these terms where such failure is due to events beyond our reasonable control which prevents us from providing the Platform and Website or Services or fulfilling any of our other obligations under this Agreement including but not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

24. Reservation of Rights Regarding Dynamo Service Provider Customer Disputes :

We reserve the right, and we have no obligation, to monitor, or take any action we deem appropriate regarding disputes that You may have with other Dynamo Users/Customers or any Dynamo Product or Service Provider. To the extent the law permits, you waive and release Us from any and all claims or liability related to any content posted on the Platform and Website and from any and all claims related to the conduct of any other customers of ours or any Dynamo Product or Service Providers.

25. No Joint Venture / Agency / Entire Agreement / Severability :

Unless otherwise agreed in a separate writing, you agree that no joint venture, partnership, employment, or agency relationship exists between You (whether you are a Dynamo User or a Dynamo Service Provider) and Dynamo as a result of the use of the Platform and Website, or a separate transaction for services is entered into by a Dynamo User and a Dynamo Service Provider. Dynamo performance is subject to existing laws and legal process, and nothing contained herein is in derogation of Dynamo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform and Website or information provided to or gathered by Dynamo with respect to such use. If any part of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. Unless otherwise specified herein, these Terms constitute the entire Agreement between the user and Dynamo with respect to the Platform and Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dynamo with respect to the Platform and Website.

26. Information Rights and Use of User Consent :

When you use our Platform or Website, You can publish and obtain access to various kinds of information and materials, and content which also includes information and materials posted to the Platform and Website by You. You agree not to revise or obscure content posted by others (including advertising and promotions authorized by Us), and You agree not to post or use any content in any manner that:infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,breaches the privacy, publicity, or other rights of third parties,is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Dynamo in its sole discretion,is false or inaccurate, or could damage our company, parent company, sister companies, affiliates, advertisers, or any other third party. Though we strive to enforce these rules with all of our users, You may be exposed through the Platform or Website to content that breaches our policies or is otherwise offensive. You may use the Platform and Website at your own risk. We may, but are not obligated to, terminate user accounts and/or remove content from the Platform and Website if we determine or suspect that those accounts or content will breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to content on the Platform and Website whether it breaches our policies or not.

27. Term and Termination :

We reserve the right to unilaterally terminate Your account in the event that You breach any of the terms contained herein. We also reserve the right to unilaterally terminate Your account for a reported incident (relating to Your provision of Services as a Dynamo Service Provider, or your receipt of services as a Dynamo User), that in our sole discretion, we determine to be detrimental to our business, or other Dynamo Users or Dynamo Service Providers. We may change or discontinue the Platform and Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, You will immediately stop using our Platform and Website and our Services. Any Coupon issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Coupon.

28. Express Consent To Electronic Communications:

The communications between You and Dynamo uses electronic means, whether You visit the Platform and Website or send us emails, or whether we post notices on the Platform and Website or communicate with you via email. For contractual purposes, You (a) expressly consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

29. Changes to These Terms :

Dynamo reserves the right, in its sole discretion, to change the Terms under which the Platform and Website is offered. The most current version of the Terms will supersede all previous versions. Dynamo encourages you to periodically review the Terms to stay informed of our updates.