Last updated: October 1st, 2015
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and Cleanify Holdings Inc, a company duly incorporated under the laws of British Columbia (the “Company” or “Cleanify”) and Cleanify Inc. a company duly incorporated under the laws of Delaware. By using or receiving any services supplied to you by the Company (together with the website located at www.cleanify.com and all affiliated websites owned by Company, collectively, the “Service”), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at http://www.cleanify.com/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at email@example.com.
THE COMPANY DOES NOT PROVIDE CLEANING SERVICES, AND THE COMPANY IS NOT A CLEANING SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY CLEANING SERVICE PROVIDER TO OFFER CLEANING SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY CLEANING SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CLEANING SERVICES OR ACT IN ANY WAY AS A CLEANING SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CLEANING SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Cleanify is Only a Venue
The Service is a communications platform for enabling the connection between individuals seeking to obtain cleaning services and/or a company/individuals seeking to provide cleaning services. The Company does not check the backgrounds of cleaning service providers via third party background check services. The Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such cleaning service providers. When interacting with cleaning service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old or of legal age in your jurisdiction and otherwise capable of entering into binding contracts. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, province/state and city in which you are present while using the Software or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software and/or can access the Company’s member areas/downloands for your device. The Company is not liable if you do not have compatible hardware or if you have download/access the wrong version of the Software.
By using the Software or the Service, you agree that:
-You will only use the Service or Software for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.
-You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
-You will not impair the proper operation of the network.
-You will not try to harm the Service or Software in any way whatsoever.
-You will not copy, or distribute the Software or other content without written permission from the Company.
-You will only use the Software and Service for your own use and will not resell it to a third party.
-You will keep secure and confidential your account password or any identification provided to you which allows access to the Service.
-You will provide us with whatever proof of identity the Company may reasonably request.
-You will only use an access point or data account which you are authorized to use.
License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Bookings are final and cannot be cancelled, refunded, exchanged, transferred, or changed, even for a fee. Any fees which the Company may charge you for the Software or Service are due immediately upon booking of your cleaning and are non-refundable. These restrictions enable the Company to better manage its bookings and are a big reason why the Company can offer you great deals.Once you agree to make a booking, your credit card will be charged the amount quoted to you including any applicable taxes. regardless of whether the cleaning service is used. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever.
In the event that the Customer has only paid a deposit upon booking, the final charge will be determined upon completion of the service based on the cleaning crew reported total labour hours hour of service provided. The total charge less any deposit paid will be charged to the credit card provided by the Customer upon booking their appointment. The Customer authorizes said charge to be applied to their credit card.
The Company, at its sole discretion, makes promotional offers with different features and different rates to any of our customers. These promotional offers, even if made to you, shall have no bearing whatsoever on any current booking. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
The Company may apply, at the Company's discretion, additional fees in the event that the customer has provided false or misleading information regarding their service requirements or, but not limited to, the location, size or condition of their premises. Overage fees are set at the discretion of the Company and applied to the credit card provided by the Customer. The Customer authorizes the Company to charge overage fees to their credit card.
A Customer who has booked any recurring subscription with Cleanify (monthly, biweekly, weekly cleaning service or otherwise) package will be charged on the day of service until cancelled. Cancellations must be received by email to firstname.lastname@example.org at least two days prior to the Customer’s service date. The first regular service is non-refundable and can’t be cancelled.
There is no limit to the number of gift cards that can be purchased or used per purchase. Gift cards are not redeemable or refundable for cash. Gift card purchases are 100% non-refundable. The Company does not honour requests for a cash refund for any unused portion of a gift card. Gift card purchases cannot be replaced if lost or stolen. Gift cards can be used in conjunction with credit cards for purchase of a cleaning service. Gift card bookings can be made over the phone, and service appointments are set based on the availability of the Company to conduct the requested service. Non-availability for a cleaning service on a Customer requested date does not entitle the Customer to a refund of the gift card purchase. Gift card bookings are subject to the Terms of Service.
From time to time the Company may authorize a refund to a Customer. All refunds are issued by email money transfer or issued to the original credit card.
The Company does not:
-Distinguish between or provide preferential treatment toward cleaners based on race, ethnicity, sex, sexual orientation or age, nor does the Company affirm your requests in such matters or makes any guarantees in regards to a cleaner's race, ethnicity, sex or age.
-Make any guarantees in regards to the number of cleaners sent to your premises to conduct the cleaning service.
-Guarantee that your premises will be cleaned to your satisfaction in the event that you purchased a set pre-determined amount of cleaning service hours (timed service).
-Guarantee the speed of which cleaners are able to perform their cleaning services.
-Guarantee a specific arrival time of the cleaning service provider, even if the third party service has provided you with a specific arrival time in advance. A specific arrival time is provided as a courtesy only and may change even at the last minute due to inherent industry factors. You must be prepared to have the service provider arrive at any time during your time slot selected upon booking.
-Guarantee a specific third party service provider to conduct your service.
-Move furniture or polish floors
-For health and safety reasons, clean pet excrement or bodily fluids, mold or other biohazards, outside areas, fireplaces or the exterior of windows.
-Clean areas above reasonable reach of the cleaner(s)
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing to email@example.com. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
Please visit www.cleanify.com/privacy to understand how the Company collects and uses personal information. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked Notices and counter notices with respect to the Service or Software should be sent to the Company at:
2 Clarence PL, Unit 9
San Francisco, CA 94107
By Email: firstname.lastname@example.org
THE COMPANY’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, and recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company.
YOU AGREE TO INDEMNIFY THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE COMPANY'S SERVICES.
You acknowledge and agree that the Company's Services are provided to you without any warranty whatsoever, and your sole and exclusive remedy, and the Company's sole obligation to you or any third party for any claim arising out of your use of the Company's Services is that you are free to discontinue your use of the Company's Services.
To the fullest extent permitted by law, neither the Company nor any of its affiliates, subsidiaries, holding company, shareholders, directors, officers, employees, independent contractors, agents, and successors and assigns shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, punitive, or consequential damages, losses or expenses arising in connection with the Service or with the use of the Information, for any reason whatsoever, including without limitation the use or inability to use the Service by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income. This limitation of liability shall apply notwithstanding the Company or any of its affiliates, subsidiaries, holding company, shareholders, directors, officers, employees, independent contractors, agents, and successors and assigns being advised of the possibility or potential of such damages, losses, or expenses. Hyperlinks, links to third-party web-sites, and references to other internet resources are provided and used at the sole risk of the party accessing the Website and your attention is drawn to the fact that the content, accuracy, opinions expressed, together with other links provided by these resources are not investigated, verified, monitored, or endorsed by the Website or any of its affiliates, subsidiaries, holding company, shareholders, directors, officers, employees, independent contractors, agents, and successors and assigns in any manner whatsoever.
By accessing and using the Website you acknowledge and agree that all intellectual property, including without limitation trade-marks, marks, logos, trade names, business names, service marks, copyright, and all other rights used or embodied in the Website are and shall remain the sole property of the Company. All of the information and material supplied by the Website constitutes part of the Website's confidential and proprietary information and no party accessing the Website may reproduce, copy, reverse engineer, or disclose such information without the prior written consent of the Company. No party accessing the Website may attempt to tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any software comprised or contained in the Website. You may only use the information retrieved from the Web-site for your own personal and non-commercial purposes. You may not copy, distribute, or redistribute the information, including by caching, framing or similar means or sell, resell, re-transmit, transfer, assign, or otherwise make the information retrieved from the Website available in any manner to any third-party. You may not store the information retrieved from the Website for the purposes of creating a historical database or historical data product.
Notwithstanding any of the provisions of this Agreement, the Company shall not be liable to the user or any other person for any delay in performing or failure to perform any of the services under this Agreement if performance is delayed or prevented due to any cause or causes that are beyond the Company's reasonable control, including without limitation: (a) acts of God, such as fire, lightning, storm, hurricane, tornado, flood, earthquake, tsunami, or other natural disaster; (b) war, terrorism, riot, civil unrest, insurrection, revolution, commotion or acts of a public enemy; (c) labour shortages, strikes, lock-outs or other labour, industrial, or trade action disputes, disruption, or disturbances; (d) theft, sabotage, malicious damage, fraud, epidemic, or quarantine restrictions; (e) material shortages; (f) general failure, malfunction or unavailability of power, utilities, telecommunications, data communications or related services; (g) action, demand, order, restraint, restriction, requirement, or prevention by any government or court; or (h) applicable law or regulation. Any delay or failure of this kind shall not be deemed to be a breach of this Agreement by the Company, and the time for the Company's performance of the affected obligation shall be extended by a period that is reasonable under the circumstances.
This Agreement constitutes the entire agreement of the parties and supersedes any prior communication between the parties with respect to the subject matter hereof.
You consent to the use of: (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Service. The date of booking shall be deemed to be the date on which such notice is transmitted.
This Agreement will inure to the benefit of the Company's successors, assigns and licensees. If any provision of this Agreement shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company's Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience of reference only and have no legal or contractual effect. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the State of California, United States. You agree to submit to jurisdiction in British Columbia or California and that any claim arising out of or related to this Agreement will be brought solely in a court in Vancouver, British Columbia, Canada or San Francisco, California, United States.