terms of service

Terms of Service

Last Updated: January 5, 2017

Welcome to our site! We are so happy you are here, but before you use the site, please read these terms of use carefully!

ABOUT HELLOCLEAN
We are HelloClean Inc. and we own and operate this website (helloclean.ca), the related mobile sites and mobile application(s), and selected other domains (collectively, the “Sites”). These terms of use (the “Agreement”) constitute a contract between you and us. This means that by accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree, do not use the Sites. As used in this Agreement, “HelloClean,” “we,” “us,” and “our” shall mean HelloClean Inc. and its subsidiaries and affiliates.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to this Agreement. “You” and “your” refers to yourself, or to the company or legal entity.

We may modify and change the terms of this Agreement at any time, in our sole discretion.  If we do so, we will let you know by posting the modifications on our Sites.  Please review the modifications, because if you continue to use our Sites after we have posted the modified Agreement, you are indicating to us that you agree to be bound by the modified Agreement.  We may change or discontinue all or any part of our services, at any time and without notice, at our sole discretion.

Some deliveries are provided our network of independent delivery service providers (“DSPs”). DSPs have entered into agreements with us, which require DSPs to comply with all applicable federal, provincial and local laws, rules and regulations, including without limitation traffic laws and applicable insurance requirements. We shall not be liable or responsible for any delivery services provided by DSPs or any errors or misrepresentations made by them.

USING OUR SERVICE
You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you may not use our Sites.

OUR PRIVACY POLICY
Please refer to our Privacy Policy for information on how we collect, use and disclose your information.

OUR SERVICES
We provide a platform through which users can book cleaning services (the “Services”).  Services may be purchased at fixed prices on a one-off basis.  We want you to love the service we provide and your experience on our Sites. Understand that you use our Sites and services at your own risk.  You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint ventures and employees (jointly and severally, our “Affiliates”) not liable, to the full extent permissible under all applicable law, for any harm, loss or damage that may come to you or anyone else as a consequence of your use of our services.

When you book a Service(s) (a “Transaction”) we may ask you to supply additional information relevant to your transaction, including, without limitation, your credit-card number, the expiration date, and your address(es) for billing and delivery (such information, collectively, the “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) in the Payment Information you provide in the course of a Transaction. When you initiate a Transaction, you authorize us to provide our Payment Information to third parties so we can complete your Transaction and to charge your payment method; you may need to provide additional information to verify your identity before completing your Transaction.

All sales are final. No cash returns. Store Credits will be issued for 50% lockout fees. If something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason.  If we cancel your order, we’ll refund any payment you may have already remitted to us.

YOUR CONTENT AND CONDUCT
I. User Conduct
By accessing the Sites, you agree:

• to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
• not to use the Sites or the services or submit content to the Sites if you are under the age of 18;
• not to access the Sites or services using a third-party’s account/registration without the express consent of the account holder;
• not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any HelloClean server;
• not to attempt to impersonate another user or person;
• not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by HelloClean;
• not to deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites, unless HelloClean has given you specific permission to do so in writing;
• not to conduct any kind of systematic retrieval of data or other content from the Sites;
• not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
• not to use the Sites in any manner that could damage, disable, overburden and/or impair any HelloClean server, or the network(s) connected to any HelloClean server, and/or interfere with any other party’s use and enjoyment of the Sites;
• not to transmit any chain letters or junk email;
• not to use any information obtained from the Sites or services in order to contact, advertise to, solicit, or sell to any user; • • not to sell or transfer your profile;
• not to use the Sites to engage in commercial activities apart from sanctioned use of services;
• not to use the Sites as part of an effort to compete with us;
• not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online;
• not to license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service;
• not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
• not to harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of our services;
• not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sites or our services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
• not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Sites or our services;
• not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
• not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners); and
• not to use the Sites for any illegal purposes.

You agree that the consequences of commercial use or re-publication of User Content or Materials from the Sites or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.

II. Content You Provide
We do not claim ownership rights in any Content that you make available through the Sites, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your user content.  Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights.  You acknowledge that the Services are protected by copyright, trademark and other laws of Canada and foreign countries.  You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying our Services or any Content.  You grant us an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with our business and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you.

INDEMNIFICATION
You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Sites and/or Materials (including without limitation all User Content), and/or all Uses by us and/or any third party authorized by us.

TEXT ALERTS
Diners placing orders will receive up to 5 text message alerts about each order placed on the Sites. You may unsubscribe from this service at any time. To unsubscribe, text “STOP” to +1(866) 531 4631. To resubscribe, text “START” to +1(866) 531 4631. If you need assistance, text “HELP” to +1(866) 531 4631. Please note that unsubscribing will not prevent you from receiving communications, which may include text messages, from us or your delivery person regarding your order or its delivery. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require personal assistance, you can call our customer care team at+1(866) 531 4631.

DISCLAIMER
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. HELLOCLEAN DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HELLOCLEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT HELLOCLEAN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL HELLOCLEAN BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF HELLOCLEAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. HELLOCLEAN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. HELLOCLEAN ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO US, IF ANY, OR (B) $1000 (WHICHEVER IS LESS).

YOU AND HELLOCLEAN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND HELLOCLEAN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

THIRD PARTY LINKS
The Sites may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). HelloClean does not review, monitor, operate and/or control the Third Party Websites and we makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, we are not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. We reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

ADDITIONAL TERMS
Your use of the Sites is subject to any and all additional terms, policies, rules or guidelines applicable to our services or certain features of the Sites that we may post or link to on the Sites (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Sites. All such Additional Terms are hereby incorporated into this Agreement by reference.

PRIVACY POLICY
The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference.

VIOLATIONS OF THE AGREEMENT
We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular device and/or IP address.

GOVERNING LAW
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, provincial and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of Ontario, without regard to its conflict of laws principles.

DISPUTE RESOLUTION
I. Arbitration
You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and us are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and HelloClean otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.

II. Arbitration Rules
The arbitration will be administered by the Canadian Arbitration Association.

WAIVER AND SEVERABILITY
Any waiver by HelloClean of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

COMPLAINTS
If you have any complaints, please contact us via the contact details shown on our Website or write to our address.