Terms Of Service And Use
These Terms of Services and Use (this “Agreement”) govern access to and use of all Services. By accessing any services made available by us, which services may include the use of or access to our website, the creation, registration or use of an online account, submitting a booking request for cleaning services to be performed at the Premises, or accepting the Services provided by us , you, the Customer (sometimes referred to as “you”), agree to be bound by this Agreement. This Agreement constitute a legally binding contract between you and 1562159 B.C. LTD. (“we”, “us”, or the “Company”).
BY USING OR ACCESSING THE SERVICES, INCLUDING BY CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANOTHER PERSON, A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERM “CUSTOMER” WILL REFER TO SUCH PERSON OR ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. THIS AGREEMENT INCLUDES CERTAIN LIMITATIONS ON LIABILITY AND YOUR RIGHTS, PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
For good and valuable consideration, the Parties agree to the following:
1. DEFINITIONS.
(a) “Account” means a Customer registered profile (including username and password) used to access certain features of the Platform.
(b) “Booking” means a request made by a Customer for a Cleaning on a specified date and time, including a request made through our Platform, whether recurring or one-time.
(c) “Cleaning” means the cleaning services performed by the Company, or its independent contractors, on behalf of a Customer.
(d) “Cleaner” means any individual person or persons who, on behalf of the Company, whether as an employee or independent contractor, performs the Cleaning.
(e) “Consumer Protection Act” means the Business Practices and Consumer Protection Act (British Columbia) and its regulations.
(f) “Fees” means the total of all fees payable by the Customer to the Company for the Cleaning, plus all applicable taxes, in each case as set forth on the booking page of the Platform.
(g) “High Value Items” means items of significant monetary or sentimental value or which are of a highly sensitive or confidential nature, including, without limitation, cash, jewelry, luxury accessories, watches, purses and handbags, wallets, rare or collectible items, antiques, precious metals, laptops, phones, tablets and any personal or government documents that contain confidential, sensitive or identifying information such as passports, identification cards, banking information or tax records.
(h) “Party” or “Parties” means the Company or Customer, as applicable.
(i) “Platform” means the Company’s website platform and all software applications, content and related materials, including any updates, upgrades, patches, technology and modifications.
(j) “Premises” means the location specified by the Customer in the Booking at which the Cleaning is or will be performed.
(k) “Privacy Policy” means the Company’s privacy policy which is incorporated into this Agreement by reference.
(l) “Restricted Items” means any items or substances which are illegal, controlled or are by their nature intended to cause harm, intimate items, personal items which may pose a bio-hazard to others, or any other item which reasonably poses a risk to the health, safety or wellbeing of others, and includes drugs and drug paraphernalia, weapons, syringes, medication (other than over the counter medications) or any symbols or items which are vulgar or obscene.
(m) “Services” means all services provided by the Company to the Customer, including but not limited to: (1) use of or access to the Platform, (2) creating, registering for or using an Account, (3) Booking a Cleaning, and (4) a Cleaning.
(n) “Customer Data” means any data, information, or content submitted or uploaded by the Customer to the Company, as well as any data the Company collects about the Customer in connection with the Customer’s use of the Services (including usage, device, and technical data).
2. SERVICES
(a) Application of Terms to all Services. All Services, including using or accessing our Platform, registering or creating an Account, requesting a Booking, and the Cleaning, are governed by this Agreement. In exchange for the Fees, the Company will perform the Cleaning. You expressly agree that any Cleaning may be performed by an independent contractor on behalf of the Company. The Customer may, subject to the Company’s booking policies and availability, book more than one Cleaning at a time, and each such Cleaning will be governed by this Agreement.
(b) Customer Conduct Generally. Your use and access to the Services are for your own personal use and for no other purpose, you will not use the Services as a service for or on behalf of any other third-party. You will only use the Services in a manner consistent with all applicable laws, and you will not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable, you will not impersonate or attempt to impersonate another person or entity or misrepresent you or your affiliate with another person or entity.
3. CUSTOMER REPRESENTATIONS AND WARRANTIES
(a) General Representations and Warranties. You represent and warrant that: (1) you are of legal age to enter into a binding agreement; (2) all Customer Data you provide is true and correct, and you will promptly update all Customer Data you provide in order to keep it true and correct; (3) if you book a Cleaning, you are the owner, tenant or legal occupier of the Premises or have been authorized by the owner, tenant or legal occupier of the Premises and have all lawful authority to engage the Company and invite the Cleaner onto the Premises to perform the Cleaning.
(b) Health, Safety and Security. You are responsible for the condition, safety and security of the Premises, and for the conduct and safety of all persons present at the Premises, including members of the Customer’s household, guests, invitees and any other third parties (the “Occupants”). You will ensure that all Occupants do not interfere with the performance of the Cleaning and comply with all reasonable instructions or site protocols communicated by the Company or any Cleaner. The Company is not responsible for any injury, loss, or damage sustained by any Occupant in connection with the Cleaning except to the extent such exclusion is prohibited by law. You will ensure that the Premises are free of any infestations, contaminants, Restricted Items or any other health hazard at the time of Cleaning. Any Restricted Items and High Value Items will be safely secured and stowed away from the Cleaner. All pets and animals must be contained, and any children must be supervised at all times during the entire duration of the Cleaning. Any Cleaner may at any time refuse to carry out or continue with a Cleaning in the event that the Premises is or becomes in their reasonable judgement unsafe to them or any other person.
4. FEES
(a) Payment Terms. By requesting a Booking, you agree to pay all Fees as set out on the booking page of our Platform. You agree that payment for the Service will be due in full immediately upon completion of the Cleaning. You authorize the Company to charge your credit-card for all Fees due in connection with the Cleaning.
(b) Cancellation. Requests for cancellation must be received no later than 24 hours before the scheduled Cleaning time and may only be made through our platform. Cancellation requests cannot be made by way of email, telephone or other means. [OPTIONAL] No refunds will be given for any Fees or partial payment of Fees paid to the Company in the event a Booking is cancelled with less than 24 hours’ notice.
(c) Refund for Cancellation. [IF NEEDED] The Company will refund any payment of Fees or partial payment of Fees for any cancellation requests made through our platform at least 24 hours before the scheduled Cleaning time. Any refunds will be credited only to the same credit-card used for the original payment.
5. LOSS, DAMAGE OR THEFT
(a) Loss or Damage. While the Company strives to ensure high-quality of service, accidental damage or loss to personal property may occasionally occur. If you believe that property damage or loss has resulted from the Cleaning, you must report such instance to the Company within 48 hours of completion of the Cleaning, providing reasonable detail of the claim and supporting evidence. EXCEPT AS REQUIRED BY LAW, THE COMPANY’S TOTAL AND AGGREGATE LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGED PROPERTY WILL BE LIMITED PURSUANT TO SECTION 6 BELOW: LIMITATION OF LIABILITY. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL LOSSES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFIT OR EMOTIONAL DISTRESS IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) High Value Items. You are responsible for all High Value Items and you must secure or remove from the Premises all High Value Items prior to any Cleaning. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM OF ANY KIND WITH RESPECT TO ANY HIGH VALUE ITEMS, INCLUDING ANY LOSS, DISSAPPEARANCE OR MISPLACEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) Theft or other illegal activity. All suspected incidents of theft or other illegal activity must be reported to the Company within 48 hours of completion of the Cleaning. The Company will take all reasonable steps to investigate any reported incidents of theft or illegal activity and will cooperate with law enforcement agencies.
6. LIMITATION OF LIABILITY
(a) You expressly acknowledge and agree that allowing a Cleaner to attend your home to perform the Cleaning involves inherent and reasonably foreseeable risks. These risks may include, without limitation, accidental damage to or loss of property, exposure to allergens or contaminants, personal injury, or other incidents that can arise in the ordinary course of residential cleaning activities. You also understand that, despite reasonable precautions, there is a risk of exposure to illness or communicable disease when individuals enter your home, and the Company cannot eliminate all such risks.
(b) THE COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOODWILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, OR LOSS OF REVENUE OR PROFIT, RESULTING FROM THE PROVISION OF OR RELIANCE UPON THE SERVICES, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE.
(c) SUBJECT TO APPLICABLE LAW EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, THE COMPANY’S AGGREGATE AND TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE LESSER OF (1) THE FEES PAID FOR THE CLEANING, IF APPLICABLE, AND (2) FIVE HUNDRED ($500.00) DOLLARS. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, WARRANTY, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT EXCEPT AS SET FORTH UNDER APPLICABLE LAW. DAMAGES SET FORTH IN THIS SECTION ARE THE CUSTOMER’S SOLE EXCLUSIVE MONETARY REMEDY AND THE SOLE AND EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. DISCLAIMER OF WARRANTY
(a) EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN OR AS REQUIRED BY LAW, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS) ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) The Company makes no warranty that information, software or other material accessed or viewed in connection with the Platform will be free of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network. The Company will not take any responsibility for any third party advertisements or any products or services provided for by third parties.
8. INDEMNIFICATION
(a) You agree that you will defend, indemnify and hold harmless the Company and its affiliates against any claim, demand, suit or proceeding made or brought against it: (a) arising from your use of the Platform or Services in an unlawful manner; (c) arising from your violation of this Agreement; (d) arising from any errors in, or incorrect Customer Data submitted by or on your behalf to the Platform, in each case including reasonable legal fees and costs finally awarded against the Company as a result of, or for any amounts paid by the Company under a settlement in respect of, the foregoing claims.
(b) To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company and its directors, officers, employees, contractors (including all Cleaners), and agents from and against any claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) asserted by any Occupant or other third party arising out of or relating to (a) the Services, (b) the condition of the Premises, (c) the conduct of the Customer or any Occupant, or (d) any breach of this Agreement by the Customer. This is Agreement between the Customer and the Company, and no person other than the Customer and the Company has any rights under them or may rely on them. To the maximum extent permitted by law, all disclaimers, exclusions, and limitations of liability in this Agreement apply to the Customer and, where legally permissible, to any claims made by or on behalf of any Occupant or other third party in connection with the Services, without limiting any statutory or common-law defences available to the Company.
9. ACCOUNTS
(a) If you register for an Account, you will register for such account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You agree to notify the Company immediately if it suspects or becomes aware of any unauthorized use of your Account or any unauthorized access to passwords. You further agree not to use the Account or log in with the username and password of another person.
10. INTELLECTUAL PROPERTY
(a)Reservation of Rights. The Company, its affiliates, and its licensors reserve all of their right, title and interest in and to the Platform and all intellectual property rights in and to, among other things, the Company’s name, logo, trade names, trademarks and copyrights. No rights are granted to any Customer hereunder other than as expressly set forth herein.
(b) License by Customer to Use Feedback. You grant us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into our services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our or our affiliates’ Platform or the Services.
11. PRIVACY AND CUSTOMER DATA
(a) Use of Information. We may collect and use certain information, including Customer Data, for the purposes of providing the Services. The collection and use of all such information is governed by this Agreement (including our Privacy Policy , as it may be amended from time to time), which is incorporated into this Agreement by reference and which form an integral part of this Agreement. Our Privacy Policy can be found here: [insert link to Privacy Policy]. You agree to the Company collecting, using, accessing and storing Customer Data for its legitimate business purposes, and disclosing Customer Data to its affiliates and subcontractors for the purposes of providing the Services.
(b) Security Disclaimer. We do not guarantee the security and confidentiality of any information transmitted to us via any website or by e-mail.
(c) Aggregated Data. We may collect and use data, that is not Personal Data (as defined in our Privacy Policy), derived from the Customer’s use of the website (“Non-Identifiable Aggregated Data”) for our reasonable business purposes, including but not limited to improving the website and Services. We may (a) make Non-Identifiable Aggregated Data publicly available in compliance with applicable law, and (b) use Non-Identifiable Aggregated Data to the extent and in the manner permitted under applicable law.
(d) Third-party products or services. Our Platform may contain links to, or integrations with, third-party websites, products, or services that are not owned or controlled by us, including third-party payment processors (“Third-Party Services”). The Company does not endorse, and is not responsible or liable for, the availability, functionality, accuracy, content, or practices of any Third-Party Services. Any use of such Third-Party Services is at the Customer’s own risk and subject to the terms and policies of those providers. The Company disclaims all warranties and liabilities arising from or relating to Third-Party Services.
12. ACCEPTABLE USE OF PLATFORM
(a) In connection with the use or access of our Platform, the Customer will Customer not in any way: (1) engage in illegal, fraudulent, violent, harassing, defamatory, or discriminatory activities or behavior; (2) offer fake reviews; (3) upload or share misleading, false, or deceptive content; (4) circumvent or attempt to bypass any security measures on our Platform; (5) use our Platform to distribute malware, viruses, other malicious code; (6) interfere with or disrupt the performance or integrity of our website; (7) access or attempt to access systems or data not intended for the Customer; (8) disassemble, reverse engineer, or copy the Platform or its features unless explicitly allowed by law; (9) use our Platform to develop or promote competing products or services; (10) collect, scrape, or harvest personal data from the Platform without permission; or (11) frame or link to content without written authorization.
13. GENERAL
(a) Modification. This Agreement may be amended, updated or modified from time to time by the Company in its sole discretion. Any changes will become effective upon posting the revised Agreement on the Platform or by providing notice to the Customer through reasonable means, including email or account notifications. Continued use of the Services after such changes have been posted or communicated constitutes your acceptance of the modified Agreement. If you do not agree to any modification, you must immediately cease using the Services.
(b) Consumer Protection Act. This Agreement is intended to comply in all respects with the requirements of the Consumer Protection Act. In the event that any provision of this Agreement is found to be inconsistent with or in contravention of the Consumer Protection Act, such provisions will be deemed to be severed or amended, as necessary, to the minimum extent required to comply with the Consumer Protection Act, without affecting the validity or enforceability of the remaining provisions. Nothing in this Agreement will be construed as waiving, limiting or restricting any right or remedy available to the Customer pursuant to the Consumer Protection Act.
(c) Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and the parties agree to attorn to the exclusive jurisdiction of the courts situated in the Province of British Columbia.
(d) Currency. All references to a dollar amount are expressed in the lawful currency of Canada.
(e) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties concerning the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, concerning such subject matter.
(f) Force Majeure. In no event will the Company be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond the Company’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, epidemic, pandemic, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. The suspension of performance will be of no greater scope and no longer duration than is necessary, and the Company will use commercially reasonable efforts to remedy its inability to perform.
(g) Relationship. This Agreement will not be construed as creating any partnership, joint venture, or agency among the parties, and no party will be deemed to be the legal representative of any other party for this Agreement.
(h) Headings. The headings used in this Agreement are for convenience and reference only and will not affect the construction or interpretation of the Agreement.
(i) Waiver. The waiver by any party hereto of a breach or a default of any provision of the Terms by another party will not be construed as a waiver of any succeeding breach of the same or any other provision, nor will any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
(j) Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
(k) Assignment. The Company may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other Customer’s prior written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
(l) Gender, Plural and Singular. In this Agreement, unless the context otherwise requires, reference to a gender includes all genders and the plural includes the singular and vice versa, “or” is not exclusive and “including” is not limiting, whether or not such non-limiting language (such as “without limitation” or “but not limited to”) is used with reference to it, and modifications to the provisions of this Agreement may be made accordingly as the context requires.
(m) Survival. This Agreement will survive the completion of the Services, including the closure of any Account or completion of a Cleaning.
(n) Enurement. The Agreement will enure to the benefit of and be binding upon the parties and, except as otherwise provided or as would be inconsistent with the provisions of this Agreement, their respective heirs, executors, administrators, successors and permitted assigns.
