BY ORDERING, ACCEPTING, AND PAYING FOR HOME CLEANING SOLUTIONS PROVIDED BY TORONTO SHINE CLEANING INC. THROUGH OUR WEBSITE OR ANY OTHER AGREED UPON AND AUTHORIZED METHOD, YOU ACKOWLEDGE THAT YOU HAVE READ, FULLY ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS THEY RELATE TO THE HOME CLEANING SOLUTIONS YOU HAVE ORDERED.
a. “Customer” is the person who has ordered and paid for home cleaning solutions from Toronto Shine Cleaning Inc., through the company’s website or any other agreed upon and authorized method.
b. “Supplier” is Toronto Shine Cleaning Inc., a company duly incorporated in Canada and in the Province of Ontario with its head office located in the city of Toronto.
a. The Supplier shall provide the Customer with home cleaning solutions (the “Services”) rendered by independent cleaning professionals acting on behalf of the Supplier (the “Agents”). All Services must be ordered and facilitated between the Customer and the Supplier directly through the Supplier’s website or through any another method expressly authorized by the Customer and the Supplier, including but not limited to telephone bookings.
b. All Services ordered by the Customer are set out expressly on the Cleaning Appointment order form completed by the Customer (the “Order Schedule”) which, together with these terms and conditions, constitute the entire agreement between the parties. Any alteration to a term, price, product or service must be documented in a revised Order Schedule which shall be referenced to, and form part of, this agreement.
c. Upon reasonable notice and proper authorization, the Supplier and its Agents shall be granted access to the Customer’s premises to render Services and/or assess the quality of Services rendered.
d. The Supplier shall provide service and support to Customers via email and/or telephone to resolve potential Customer issues in receiving Services provided by the Supplier and its Agents. The Supplier shall attempt to respond to Customer queries or complaints in a commercially reasonable manner.
3. Prices and Payment
a. The Customer understands that he or she will have to provide credit card or other payment information (the “Information”) to the Supplier in order to be able to purchase Services. The Customer represents that the Information provided shall be accurate and complete. The Supplier will use the Information to charge the Customer for all purchased Services. All Customer Payment Information shall be kept confidential and shall only be used for the express purpose for which it was provided.
b. All orders for Services are subject to acceptance by the Supplier and payment in full by the Customer. The Supplier reserves the right to withhold Services pending the approval and confirmation of payment. The costs payable for Services are those set out in the Order Schedule(s). All applicable federal, provincial and local taxes (including HST) shall be added to the amounts payable and shall be paid by the Customer to the Supplier.
c. The Customer may upgrade the Services ordered from the Supplier upon execution of an amended Order Schedule amended through the Supplier’s website or through any other method expressly agreed upon between the parties. Payment for any additional Services must be made immediately upon amendment and order of the additional Services by the Customer.
d. In the event that a Customer is dissatisfied with the quality of the Services on the Initial Appointment (the “Initial Appointment”), and the Supplier assesses the Customer dissatisfaction to be reasonable in accordance with the standards of the Company and reasonable business standards, the Supplier shall make arrangements for a follow-up cleaning appointment (the “Follow-up Appointment”) at no additional charge to the Customer.
e. All terms with respect to refunds, reimbursements or any other compensation to be provided to the Customer shall be set out in the Order Schedule(s). The Customer shall not receive any refunds, reimbursements, or compensation of any kind if the Customer orders any Services and, other than the exceptions set out in this agreement or the Order Schedule(s), does not make the adequate arrangements to receive said Services including but not limited to informing the Supplier of why Services cannot be rendered on the scheduled time or date, or making suitable arrangements for the Agents of the Supplier to enter the premises of the Customer.
f. The Supplier reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to product descriptions, warranties, and prices, due to errors, product discontinuation, changing costs, new market conditions, or any other business factor.
g. Gift cards purchased from the Supplier are non-refundable and non-transferrable.
h. Discounts for recurring service appointments are conditional on a minimum of three service appointments.
i. If service is cancelled prior to the completion of the third appointment, any discounts issued will be charged back to the customer.
j. The Provider’s website can be accessed from Canada and other countries around the world. The Customer understands that some or all Services provided by the Supplier may not be available to persons or entities residing in certain jurisdictions or geographical areas. The Suppliers reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any Services to a person or entity residing in any jurisdiction or geographical area.
4. Term and Termination
a. This agreement will come into force upon acceptance by the Customer and shall remain in force until Services have been rendered, amended expressly by both parties, or unless otherwise terminated in accordance with this agreement and the Order Schedule(s).
b. If the Customer cancels Services prior to the agreed Term in the Order Schedule(s), a penalty may apply as set out in the Order Schedule(s).
c. If the Supplier cancels Services other than for non-payment and/or for cause the Supplier will, either refund the Payment provided by the Customer or make alternate arrangements for the rendering of Services expressly agreed to by the parties as set out in the Order Schedule(s).
5. Force Majeure
a. Neither party is responsible for a failure to fulfill its obligations under this agreement or for delay in doing so if such failure or delay is due to circumstances beyond its control, such as, but not limited to, acts of God, acts of government, war, riots, strikes, accidents in transportation. The parties agree to immediately provide notice of any such circumstances and undertake to restore the status quo as soon as is feasible.
a. Other than as set out in section 7, the Supplier makes no representations or warranties of any nature whatsoever, whether expressed or implied, with respect to the Services.
b. The Supplier’s liability to the Customer is limited to direct damages and shall not exceed the total amount paid by the Customer to the Supplier during the period giving rise to the claim. Under no circumstance will the Supplier be liable for any indirect or consequential damages, including, but not limited to, damages resulting from loss of use of the Service(s), lost profits, lost revenue, damages to third parties, or damage or theft of any of the personal property of the Customer located at the premises of the Customer unless such damage or theft is committed by an Agent of the Supplier and is proven to have been caused or committed by an Agent through irrefutable evidence provided by the police. This does not apply to damages resulting from personal injury caused by the negligence of the Supplier or its Agents.
c. As stated in section 2 of this agreement all Services provided by the Supplier and its Agents must be ordered directly through the Supplier’s website or through any other means expressly authorized by the parties. The Supplier accepts no liability for any damages resulting from the services provided by any third party or any Agent of the Supplier if such services were not expressly ordered through the Supplier, even in the event that an Agent of the Supplier may hold itself out as acting for the Supplier, or may engage in a private agreement with a Customer not booked directly through the Supplier.
7. Warranties and Guarantees
a. Each party warrants that it has the right to enter into this agreement.
b. Except for the express warranties contained in this agreement, the Supplier disclaims all warranties, expressed or implied, including but not limited to, the implied warranty of merchantability and fitness for a particular purpose.
c. Supplier warrants that the Service(s) provided hereunder will be of professional quality, provided in accordance with industry best practice and meet the service performance specifications set out in each Order Schedule.
8. Intellectual Property
a. All copyrighted works (including data), trademarks, trade names, inventions, and/or trade secrets (collectively “Intellectual Property”) owned or controlled by the Supplier remains the Supplier’s exclusive property. All Intellectual Property developed by the Supplier to facilitate the delivery of its Services, is owned or controlled by the Supplier.
9. General Provisions
a. No waiver of any part of this agreement or Schedules shall be deemed to be a waiver of any other provision in this agreement. No waiver is to be interpreted as a continuing waiver unless agreed to in writing by the parties.
b. Each of the sections in this agreement and each provision in the Order Schedules and User Policies attached are separate terms and conditions, and are intended to stand alone, except where referenced. In the event of any conflict, the terms and conditions of this agreement shall take precedence. Should any provision of this agreement or the Order Schedule(s) or be held to be invalid, all other provisions will remain in effect and are enforceable by the parties.
c. The headings are included for ease of reference only and do not form part of the agreement.
d. The legal interpretation of the substantive portions of this agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
e. This agreement and the Schedules constitute the entire agreement between the parties, and no amendments shall be effective unless made in writing and accepted by the parties.
f. The parties have acknowledged and accepted that this agreement and Schedules be drafted in English.
g. This agreement is for the benefit of, and binding upon the parties hereto, and their successors and assigns.
h. Neither this agreement nor the performance of the obligations under this agreement shall be assigned by the Customer. The Supplier may assign its rights or obligations under this agreement to any other party at any time without notice to the Customer.
i. Under no circumstances shall this agreement be construed to create a partnership, joint venture, or any other financial obligations between the Customer and Supplier.
j. All notices under this agreement shall be in writing and may be sent by electronic copy or registered mail to the Customer and Supplier at their respective addresses, unless otherwise amended. Any such notice shall be effective on the day of delivery, if sent by electronic means; [seven] days from the date of mailing if sent by mail; or on the next business day, if sent by courier.
k. Time is of the essence of the agreement.
10. Electronic Contracting
a. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND ACKNOWLEDGE THAT YOU HAVE PAID FOR THE TRANSACTIONS AND SERVICES ORDERED BY YOU. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTERED INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.