Home Services Toronto Terms of Service
Last updated: June 11, 2019
Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the www.HomeServicesToronto.com website (the "Service") operated by Home Services Toronto ("us," "we" or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
2. Intellectual Property
The Service and all its contents, including but not limited to text, images, graphics or code, are the property of Home Services Toronto and are protected by copyright, trademarks, and other intellectual property rights. You may display, copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Home Services Toronto or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
The names and logos of other companies and products mentioned herein may be the trademarks of their respective owners.
3. Links to other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by Home Services Toronto.
Home Services Toronto has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Home Services Toronto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
4. Pets at Home
We cannot be responsible for pets that escape when our professionals are entering or leaving your home. Let us know in advance if your pet will be roaming during the cleaning session.
5. Service Provider Professionals
We do not employ our professionals (housekeepers, cleaners, babysitters, and helpers). All these professionals registered with us and working on our behalf are independent self-employed contractors that have been fully screened through a personal interview and checking of references. They are responsible for paying their own taxes themselves.
6. Claims of Damage
The customer accepts and understands that poor service, breakage, damage or theft must be reported within 24 hours of the service date. Failure to do so will entitle the client to no refunds or recovery cleanings. Complaints are accepted verbally over the phone and in writing letter or email. All complaints must be reported upon completion or in the following 24 hours. Home Services Toronto may take up to 7 working days to respond to a complaint.
The client is responsible for securing; cash, jewelry and any other items of value. Items excluded from liability are: cash, jewelry, items of sentimental value, art, antiques, one-of-a-kind items or hard to get items and electronics.
If a client suspects theft or actual theft has taken place, it is the client’s responsibility to report the incident to the Home Services Toronto office. The client will lay a charge of theft if actual theft has taken place and follow through to the point of actual prosecution. Home Services Toronto is indemnified against any claims.
7. Referral Job Placement Fee
These Terms state that you agree not to hire any past or current Home Services Toronto professionals for any home-related services that you are introduced to through Home Services Toronto. If you wish to employ a current or former Home Services Toronto professional, our referral fee is THREE THOUSAND DOLLARS $3000.00 CAD and this fee is due in full immediately upon employing or using the current or former Home Services Toronto professional, regardless of whether the employment is continuous employment or on a contract basis.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Home Services Toronto and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
10. Limitation of Liability
In no event shall Home Services Toronto, nor 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Home Services Toronto, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
13. Dispute Resolution
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND HOME SERVICES TORONTO or any authorized contractor ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered under the Arbitration Act, 1991 (Ontario) (the “Arbitration Act”) by one (1) arbitrator (the “Arbitrator”) in Toronto, Ontario. The Arbitrator shall be selected by the mutual agreement of the parties to the arbitration or, failing such agreement, shall be appointed by a judge pursuant to the Arbitration Act. The Arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 11, including any unconscionability challenge or any other challenge that this Section 11 or the Terms are void, voidable or otherwise invalid. The Arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the Arbitrator will be final and binding on each of the parties to the arbitration and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS of the website IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The Arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The Arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this Dispute Resolution section is found to be unenforceable, such provision will be severed and the remainder of this Dispute Resolution section will be enforced.
14. Entire Agreement
No waiver of any provision of these Terms shall be binding on Home Services Toronto unless executed by Home Services Toronto in writing. No waiver of any of the provisions of these Terms shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Changes to terms of service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We encourage you to periodically review these Terms. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
You acknowledge that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
19. Contact Us
If you have any questions about these Terms, please contact us.