Terms and Conditions
Terms and Conditions
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND
VENUE OF DISPUTES.
The
terms and conditions stated herein (collectively, this “Agreement”) constitute
a legal agreement between you and Mop To It Inc. (hereafter referred to as “Mop
To It Inc. ”, “we”, “us”, or “our”) the appropriate entity (the “Company”). By
using the Services (collectively, the “Site”), you agree to comply with and be
legally bound by the terms and conditions of these Terms of Service (“Terms”), whether
or not you become a registered user of the Services (outlined below), and any
future amendments and additions to this Agreement as published from time to
time at https://www.moptoit.ca/terms-conditions or through the Service.
Please read carefully these Terms and our Privacy Policy, if you do not agree
to these Terms, you have no right to obtain information from or otherwise
continue using the Site. Failure to use the Site in accordance with these Terms
may subject you to civil and criminal penalties.
The
Company reserves the right to modify the terms and conditions of this Agreement
or its policies relating to the Service or Site at any time, effective upon
posting of an updated version of this Agreement on the Service or Site. 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 on our contact form
at http://www.moptoit.com/contact
Representations and Warranties
By
using the Service or Site, 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 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 and city in which you are present while using the Software or
Service.
You
may only access the Site using authorized means. It is your responsibility to
check to ensure you download the correct Software for your device. The Company
is not liable if you do not have a compatible handset or if you have downloaded
the wrong version of the Software for your handset.
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
Site or other content without written permission from the Company. You will
only use the Site 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 Site. 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.
Referrals
We
put a great deal of time into recruiting, vetting and managing our cleaners.
This agreement states that you agree to not independently hire any Mop To It
Inc. Cleaning Services cleaner unless you pay a one-time referral fee of
$3,000. This amount is due in full immediately upon personal employment of the
cleaners, regardless of whether you use them for a recurring or one-time
service.
License Grant and 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 tortuous material,
including material harmful to children or that which violate 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.
Payment Terms
Any
fees which the Company may charge you for the Software or Service are due
immediately upon completion of your cleaning. Refunds may only be applied at
the discretion of our Customer Service agents and is applied 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. The Company reserves the right to
determine final prevailing pricing – Please note the pricing information
published on the website may not reflect the prevailing pricing. The Company,
at its sole discretion, make promotional offers with different features and
different rates to any of our customers. These promotional offers, unless made
to you, shall have no bearing whatsoever on your offer or contract. 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. 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. The Company name, the Company
logo, and the product names associated with the Software and Service are
trademarks of the Company or third parties, and no right or license is granted
to use them.
Termination
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.
Disclaimer of Warranties
THE
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE
OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE
OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
THE SERVICE OR SOFTWARE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY CLEANING
SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN
THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S)
THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS”
BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY,
TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR
GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU
ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE
SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS, REMAINS SOLELY
WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Network Delays
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.
Limitation of Liability
IN
NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY
PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS
LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO
LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE
OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE
SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE
OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
These
Terms of Use and any dispute between you and Mop To It Inc. Cleaning Services
shall be governed by the laws of the province of Alberta without regard to
principles of conflicts of law.
BY
USING THE SITE OR SERVICES IN ANY WAY, YOU AGREE THAT ANY CLAIM OR CONTROVERSY
ARISING OUT OF THE USE OF THE SITE OR SERVICES ORE RELATING TO AN ALLEGED
BREACH OF THE TERMS OF USE SHALL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION.
YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS
BETWEEN YOU AND MOP TO IT INC. AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION
OR OTHER CLASS PROCEEDING. CLAIMS AND CONTROVERSIES MUST BE ARBITRATED ON AN
INDIVIDUAL BASIS AND MAY NOT BE CONSOLIDATED WITH ANY OTHER CLAIMS OR
CONTROVERSIES. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT
HAVING JURISDICTION IN EDMONTON, ALBERTA. YOU OR MOP TO IT INC. MAY SEEK ANY
PRELIMINARY OR INTERIM RELIEF FROM A COURT OF COMPETENT JURISDICTION IN
EDMONTON, ALBERTA THAT IS NECESSARY TO PROTECT THE RIGHTS OF PROPERTY PENDING
THE COMPLETION OF ARBITRATION. ANY PROCEEDING REQUIRED TO ENFORCE THIS
ARBITRATION AGREEMENT MAY BE COMMENCED IN ANY COURT OF COMPETENT JURISDICTION.
IN THE EVENT THAT THIS AGREEMENT IS HELD TO BE UNENFORCEABLE, ANY LITIGATION
AGAINST MOP TO IT INC. MAY BE COMMENCED ONLY IN FEDERAL OR PROVINCIAL COURTS
LOCATION IN EDMONTON, ALBERTA AND YOU HEREBY IRREVOCABLY CONSENT TO THE
JURISDICTION OF THOSE COURTS FOR SUCH PURPOSES.
NOTHING
ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF
YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY
USING THE SERVICE OR SOFTWARE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF
LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY
ARE REASONABLE, YOU MUST NOT USE THE SERVICE OR SOFTWARE.
General
No
joint venture, partnership, employment, or agency relationship exists between
you, the Company or any third party provider as a result of this Agreement or
use of the Service or Software. If any provision of the Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced to the fullest extent under law. The failure of
the Company to enforce any right or provision in this Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by the Company in writing. This Agreement comprises the entire agreement
between you and the Company and supersedes all prior or contemporaneous
negotiations, discussions or agreements, whether written or oral, between you
and the Company regarding the subject matter contained herein.
Other Parties
You
accept that, as a corporation, the Company has an interest in limiting the
personal liability of its officers and employees. You agree that you will not
bring any claim personally against the Company’s officers or employees in
respect of any losses you suffer in connection with the Service or Software.
Without prejudice to the foregoing, you agree that the limitations of
warranties and liability set out in this Agreement will protect the Company’s
officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as the Company.
Breaches of These Terms and Conditions
Without
prejudice to the Company’s other rights under these terms and conditions, if
you breach these terms and conditions in any way, the Company may take such
action as the Company deems appropriate to deal with the breach, including suspending
your access to the Service or Software, prohibiting you from accessing the
Service or Software, blocking computers using your IP address from accessing
the Service or Software, contacting your internet service provider to request
that they block your access to the Service or Software and/or bringing court
proceedings against you.