PLEASE READ THIS AGREEMENT CAREFULLY. BY USING AND PURCHASING THE PRODUCTS AND SERVICES (AS DEFINED HEREIN), YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS MAY BE AMENDED FROM TIME TO TIME BY SPARX CLEANING.
- The following terms and conditions of this Agreement, as amended from time to time in accordance with this Agreement (the “Terms”) is a legal agreement between you and Sparx Cleaning Holdings Incorporated (referred to as “Sparx Cleaning,” “our,” or “us”), which governs your use and purchase, if any, of Sparx Cleaning’s products and services, including without limitation, the website, application for mobile devices, and residential cleaning services, or any portion thereof (collectively, the “Products and Services”). This Agreement applies to all visitors, users, and others who access the Services of Sparx Cleaning (referred to as “Users,” or “you”).
- Sparx Cleaning reserves the right to modify the terms and conditions of this Agreement, or its policies relating to the Services at any time, effective as of the date on which an updated version of this Agreement is published by Sparx Cleaning. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes, amendments, or modifications. If you do not agree to be bound by these Terms, or have at any time retract your agreement to these Terms, you must cease accessing and using the Services.
- Sparx Cleaning is only a venue or platform used by the Users. The Services includes a communications platform for enabling the connection between individuals seeking to obtain cleaning services for the User’s residence (the “Residence”) and/or individuals seeking to provide cleaning services (the “Service Provider”). Sparx Cleaning does not check the backgrounds of Service Providers, conduct reference checks or any other security checks whatsoever, except for a criminal records check using the Service Provider BackCheck.ca. However, Sparx Cleaning makes no guarantees for the criminal records check accuracy using this third-party service provider. Sparx Cleaning does not make, guarantee or warrant any representations regarding the reliability, quality or suitability of such Service Providers. When interacting with Service Providers, you agree to take and accept all responsibilities related to the protection of your residence, your personal property, your personal safety, and the safety of those who reside at or has access to your Residence. You agree to take and exercise all reasonable and necessary precautions at all times when dealing with the Service Providers, as if the Service Providers are strangers with whom you are interacting with.
- By using the Services, you agree to hold Sparx Cleaning, and its parent, subsidiary, and related corporations, and each of their officers, directors, servants, employees, and agents, free from an and all responsibility for any liability or damage that might arise out of your use of the Services, including without limitation, the Service Provider. Sparx Cleaning, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents,suppliers, contractors, or licensors), are not responsible for and not liable for conduct of any user of the Services, or the Service Providers, whether online or offline, or any claims or compensation for injury or damage arising in connection with your use of the Services. You agree that the Terms as set out in this Agreement will be the sole and exclusive remedies available to you at law and in equity.
Use of Our Services
You may use the Services only if you have the capacity to form a binding contract with Sparx Cleaning, provided that you agree with the Terms of this Agreement and agree to perform the obligations of this Agreement in full compliance with all applicable law, including without limitation, local, state, national, and international laws, rules and regulations. Any use of the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users for whom this Agreement has been terminated by Sparx Cleaning, including those previously removed from the Service by Sparx Cleaning.
- No Guarantees for Services
As part of our Services, you may order, and our Service Providers may provide, Services for your Residence. Sparx Cleaning will endeavour to ensure that the Services will be provided in a professional and satisfactory manner. Notwithstanding the foregoing, Sparx Cleaning does not guarantee that the Services will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that Sparx Cleaning’s total liability to you for any and all actions, causes of actions, claims, debts, demands and damages howsoever arising which you may have in relation to this Agreement (including, without limitation, damages to your Residence, personal property, and security of persons, that may be caused by Sparx Cleaning the Service Provider) will be limited in accordance with the Limitation of Liability section in this Agreement.
- User’s Obligations to Protect Values
If you choose to make a reservation for the Services, then you must: (1) verify the location of your Residence while submitting a cleaning reservation and you have the authority to make such reservations for your Residence; (2) ensure that an individual authorized by you will give the Service Provider access to your Residence; and (3) provide the Service Provider access and use of a vacuum cleaner, broom, and mop if you want him/her to vacuum, sweep, or mop any part of your Residence. You accept responsibility for the security of and for removing access to valuables in your Residence (including without limitation placing values in locked areas) prior to the Service Provider giving access to your Residence. If you fail to comply with your obligations under this Agreement, Sparx Cleaning, at its sole discretion, may terminate modify the provision of the Services to you. Under no circumstances will Sparx Cleaning be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
- Sparx Cleaning Online Accounts
- Prohibited Activities
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or nonautomated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” and similar technology, to access the Services in a manner that sends more request messages to the Sparx Cleaning servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmitting spam, chain letters, or other unsolicited email to or on behalf of Sparx Cleaning; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
- Changes to Services
Sparx Cleaning is entitled to, without prior notice and its sole discretion, change the Services, stop providing the Services to you or to users generally, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you breached any provision of this Agreement, or for no reason at all. Upon termination for any reason or no reason, you continue to be bound by your obligations as set out in this Agreement.
License Grant & Restrictions
- Personal Use
Sparx Cleaning hereby grants you a nonexclusive, non-transferable, right to use the website and software that is implemented or operated by Sparx Cleaning in relation to the Services (collectively, the “Software”), solely for your own personal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you are reserved by Sparx Cleaning.
- Prohibited Uses
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Software in any way; (ii) modify or make derivative works based upon the Services or the Software; (iii) create Internet “links” to the Services or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer or 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 Services or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (v) 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 Services or Software.
- Our Proprietary Rights
Sparx Cleaning alone shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale of the Software and does not convey to you any rights of ownership in or related to the Software, or any intellectual property rights owned by Sparx Cleaning. Sparx Cleaning’s name, logo, and product names associated with the Software and Service are trademarks of Sparx Cleaning, and no right or license is granted to the Users use them.
- Billing Policies
If you elect to purchase cleaning Services on or through our Sparx Cleaning (through online Services, mobile Services, or through a Sparx Cleaning representative), you agree to pay the amount presented on the billing screen or the amount quoted to you by a Sparx Cleaning representative, whichever the case may be. Sparx Cleaning may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time at its sole discretion. You irrevocably authorize Sparx Cleaning to bill your credit card at the time of booking for the full amount of the Services reserved by you. Sparx Cleaning, at its sole discretion, may make promotional offers with different features and different rates to any of our Customers or Users. These promotional offers shall have no effect whatsoever on your existing Agreement with Sparx Cleaning.
- Cancellation Policy
Bookings cannot be cancelled, changed or transferred. In the event that you decide to cancel your service appointment(s) you will forfeit any fees already charged to you.
Regular services that are billed month-to-month must be canceled prior to the start of the last pre-paid service in the current billing cycle by emailing support@Sparx Cleaning.com with the cancellation request.
- No Refunds
Once a cleaning is booked and your credit card has been charged, you will not be entitled to a refund for any reason whatsoever. See also: for additional information on Sparx Cleaning’s no-refund policy.
- Lock Outs
In the event that the Service Providers are not able to access your residence upon arrival and we or the Service Providers receive no indication from you that entry will be provided within fifteen (15) minutes of the Service Provider’s arrival, your appointment will be considered a “lockout.” Lockouts cannot be rescheduled and all fees already paid for the locked out appointment are forfeited.
The client is responsible for ensuring that free parking is readily available for the Sparx Cleaning contractor/employee/agent upon arrival at the client’s residence and for the entire duration of the services being provided. Parking must be available on the property or directly adjacent to the property. In the event that free parking is not available, the client is responsible for all parking fees incurred by the contractor/employee/agent. The client must be available to pay for the parking fees for the contractor/employee/agent upon arrival. In the event that parking is not made available by the client, the appointment will be considered a lock-out and the service will be forfeited.
- Gift Cards & Gift Certificates
There is no limit to the number of gift cards or gift certificates that can be purchased or used per purchase of the Services. Gift cards and gift certificates are not redeemable or refundable for cash. Gift card and gift certificate purchases are 100% non-refundable. Gift cards and gift certificates can be used in conjunction with credit cards for the purchase of cleaning Services. Gift card or gift certificate bookings are subject to the same terms and conditions as this Agreement and service appointments are set based on availability.
- Payment Information; Taxes
Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. If any, you will pay any applicable taxes relating to any such purchases, transactions, or other monetary transaction interactions.
- Service Quality Claims
If you have service quality concerns regarding the cleaning services provided to you, you must notify Sparx Cleaning within 24 hours of your last service appointment and Sparx Cleaning will send a Service Provider back to the Residence at the earliest opportunity to reclean at no additional cost to you. You agree that this is your only remedy in the event of a service quality dispute. If Sparx Cleaning does not receive any notification from you within 24 hours of the service appointment, you are irrevocably deemed to have accepted the Services and deemed the cleaning Services satisfactory in all respects. Furthermore, any claims, losses, or damage must be reported within 24 hours of your service appointment and will be processed in accordance with this Agreement.
- Zero-Tolerance Clause
Sparx Cleaning has adopted a zero-tolerance policy in respect to abusive client behavior. Sparx Cleaning is committed to creating a safe environment for all contractors, employees, agents, etc that are in the business of interacting with Sparx Cleaning clients. Clients who act inappropriately will not be tolerated and may be subject to having their service or services forfeited entirely (no refund), at Sparx Cleaning’s discretion. Examples of inappropriate behavior include, but are not limited to: verbally abusing a contractor/employee/agent, making or attempting to make inappropriate physical contact with a contractor/employee/agent, engaging in inappropriate behavior within your home to the extent that the contractor/employee/agent feels uncomfortable and forced to leave, engaging in abusive and aggressive written communication with a contractor/employee/agent, and any other general display of inappropriate, aggressive, or abusive behavior.
The integrity and security of your personal information is important to Sparx Cleaning. Sparx Cleaning will comply with applicable law with respect to the collection, use and recording of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You waive, release and discharge Sparx Cleaning of any and all actions, causes of actions, claims, debts, demands and damages howsoever arising which may arise as a result of unauthorized access, use, and use of your personal information, by third parties.
Initiating a chargeback with your credit card issuing institution will result in a forfeiture of your services with Sparx Cleaning.
- Third-Party Links
Disclaimers, Limitation of Liability & Indemnifications
- User’s Risk
To the maximum extent permitted by applicable law, Sparx Cleaning does not warrant, endorse, guarantee, or assume responsibility for the Services hereunder, including the cleaning Services performed by the Service Providers, or any losses or damages that may result therefrom. The Services, including cleaning Services, are provided to you on an “as is” and “as available” basis. Your use of the Services is at your own risk. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
- No Warranty
To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied and/or statutory warranties of merchantability, fitness for a particular purpose, workmanlike quality, non-infringement, or compliance with legal requirements. Sparx Cleaning does not guarantee that use of the Services will yield any specific results. Without limiting the foregoing, Sparx Cleaning, and its parent, subsidiary, and related corporations, and each of their officers, directors, servants, employees, and agents, do not warrant that the Services are accurate, reliable or correct, or that the Services will meet your requirements, or that the Services will be available at any particular time or location, uninterrupted or secure.
- General Limitation of Liability
To the maximum extent permitted by applicable law, Sparx Cleaning, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) will not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services, including the cleanings performed by the Service Providers. Under no circumstances will Sparx Cleaning be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Sparx Cleaning has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- Without limiting the generality of section 27 of this Agreement, and to the maximum extent permitted by applicable law, Sparx Cleaning assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content in the provision of the Services; (ii) personal injury or property damage, of any nature whatsoever, resulting from our Services, including cleaning Services performed by the Service Providers, including theft or any other illegal activities by the Service Providers; (iii) the acts or omissions of our employees, contractors, or representatives performing Services on our behalf; (iv) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (v) any delay in the services, including a delay of the Service Providers in performing cleanings; (vi) the failure of the Service Providers to perform the cleaning Services; (vii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party or the Service Provider. Furthermore, the Services and the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Sparx Cleaning is not responsible for any delays, delivery failures, or other damage resulting from such problems. In no event shall Sparx Cleaning, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Sparx Cleaning for your last scheduled cleaning appointment or $100.00, whichever is greater.
- Indemnification of Sparx Cleaning
You agree to defend, indemnify and hold harmless Sparx Cleaning, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees on a solicitor-client basis) arising from: (i) your use of and access to the Services, including any cleaning Services received by you and performed by the Service Providers; (ii) any alleged or actual loss or damage to property (including your residence), resulting from the performance of the Services hereunder (including the cleaning Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the service with your unique username, password or other appropriate security code.
- Irrevocable Acceptance
By using, accessing and purchasing the Services from Sparx Cleaning, you irrevocably accept the disclaimers, limitations of liability, and indemnities set out in these Terms, except as may be prohibited by applicable law, if any.
- Choice of Law
You are responsible for compliance with all applicable laws. You may not use the Services if you are unable to do so in a manner that complies with the laws of British Columbia, Canada, and any other applicable to you. This Agreement, the provision of the Services, and the relationship between you and Sparx Cleaning will be governed by the laws of the Province of British Columbia, Canada, without giving effect to any choice of laws principles that would require the application of the laws of a different country, state or province. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it.
ou agree that all disputes, claims, or issues arising out of, in connection with, or in relation to this Agreement, including without limitation, disputes related to the performance, breach, or alleged breach of this Agreement (the “Dispute”), will be resolved privately, confidentially, fully and finally pursuant to the provisions of the Commercial Arbitration Act of British Columbia and the Rules of Procedure for Domestic Disputes of the British Columbia International Commercial Arbitration Centre (“BCICAC” ). You agree that the Dispute will be resolved by one arbitrator (the “Arbitrator”) qualified by education and training to decide the Dispute, and will take place in Surrey, British Columbia. If the Parties cannot agree on the Arbitrator, the Arbitrator will be appointed by the BCICAC. You waive your right to file, proceed, or otherwise resolve the Dispute by way of an action, hearing, application, or trial (by a judge or by a jury) in the courts of British Columbia, or any other court having competent jurisdiction. You agree that the Arbitrator’s decision in respect of the Dispute will be final and binding on you and Sparx Cleaning.
Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
For the purposes of this Agreement, Sparx Cleaning has acted as agent for and on behalf of each of its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) with respect to obtaining the foregoing indemnities and other covenants from the User for each of their benefits.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between you and Sparx Cleaning with respect to the subject matter of this Agreement, and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Sparx Cleaning with respect to the the subject matter of this Agreement.
The Terms of this Agreement shall enure to the benefit of and shall be binding up the User and Sparx Cleaning and each of their respective heirs, executors, administrators, personal representatives, and successors.