Terms of Service

Last Updated: July 1, 2023

Introduction

Welcome to Sparkle Clean ("Company", "we", "our", "us"). These Terms of Service govern your use of our website located at sparkle-clean.ca (the "Site") and all related services provided by Sparkle Clean.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.

Cleaning Services Agreement

In addition to these Terms of Service, customers who book cleaning services with Sparkle Clean will be subject to a separate Cleaning Services Agreement, which will be provided prior to service commencement. The Cleaning Services Agreement contains specific terms related to cleaning services, cancellations, payment terms, and service guarantees.

Use of Website

1. Eligibility

You must be at least 18 years of age to use our Site and services. By using our Site and agreeing to these Terms, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

2. Account Registration

Some features of our Site may require you to register an account. When you register, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Copying, distributing, or disclosing any part of the Site in any medium, including by automated or non-automated "scraping"
  • Using any automated system, including "robots," "spiders," or "offline readers," to access the Site
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site
  • Uploading invalid data, viruses, worms, or other software agents through the Site
  • Collecting or harvesting any personally identifiable information from the Site
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
  • Using the Site for any illegal or unauthorized purpose

Intellectual Property

1. Site Content

Unless otherwise indicated, the Site and all content and materials on the Site, including logos, designs, text, graphics, pictures, information, data, software, audio files, other files, and the selection and arrangement thereof (collectively, "Content") are the property of Sparkle Clean or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

2. Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content for your personal, non-commercial use. You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content
  • Use the Content for commercial purposes without our prior written consent
  • Remove any copyright, trademark or other proprietary notices from the Content

3. Trademarks

"Sparkle Clean" and all related logos, product and service names, designs, and slogans are trademarks of Sparkle Clean or its affiliates or licensors. You may not use such marks without our prior written permission.

User Content

1. Submissions

Any content, including but not limited to reviews, comments, suggestions, ideas, or other information or materials (collectively, "Submissions") that you submit, post, or display on or through the Site will be considered non-confidential and non-proprietary. By submitting any Submission, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions in any media.

2. Responsibility for Submissions

You are solely responsible for your Submissions and any consequences of posting or publishing them. You represent and warrant that:

  • You own or control all rights to your Submissions
  • Your Submissions do not violate these Terms or any applicable law
  • Your Submissions will not cause injury to any person or entity

3. Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any Submissions that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate these Terms or applicable law.

Booking and Payment

1. Booking Services

When booking cleaning services through our Site, you agree to provide accurate and complete information. We reserve the right to refuse any booking request at our discretion.

2. Pricing

All prices displayed on our Site are in Canadian dollars (CAD) and are subject to change without notice. We strive to provide accurate pricing information, but errors may occur. If we discover an error in the price of services you have booked, we will contact you to inform you of this error and give you the option of continuing with the booking at the correct price or canceling your booking.

3. Payment

Payment for our services must be made using one of the methods specified on our Site. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your booking.

4. Cancellation and Rescheduling

Our cancellation and rescheduling policies are outlined in our Cleaning Services Agreement. Generally, we require at least 24 hours' notice for any cancellation or rescheduling to avoid cancellation fees.

Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SPARKLE CLEAN DOES NOT WARRANT THAT: (A) THE SITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKLE CLEAN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Sparkle Clean, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your Submissions caused damage to a third party.

Termination

We may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users, us, or third parties, or for any other reason.

Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Toronto, Ontario, using the English language in accordance with the Arbitration rules and procedures of the Arbitration Act (Ontario).

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

Entire Agreement

These Terms constitute the entire agreement between you and Sparkle Clean regarding our Site and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Site.

Contact Information

If you have any questions about these Terms, please contact us at:

Sparkle Clean
123 Cleaning Street
Toronto, ON M5V 2K7
Email: [email protected]
Phone: (416) 555-7890