Terms and Conditions

Broomie.ca (9942164 CANADA INC.)

WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Broomie’s use of cookies in accordance with the terms of Broomie’s [privacy policy / cookies policy].

License to use website

Unless otherwise stated, Broomie and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution.)

Where content is specifically made available for redistribution, it may only be redistributed within our organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Broomie’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Broomie’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Broomie reserves the right to restrict access to areas of this website, or indeed this entire website, at Broomie’s discretion.

If Broomie provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Broomie may disable your user ID and password in Broomie’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Broomie a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Broomie the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Broomie or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Broomie reserves the right to edit or remove any material submitted to this website, or stored on Broomie’s servers, or hosted or published upon this website.

Notwithstanding Broomie’s rights under these terms and conditions in relation to user content, Broomie does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Broomie makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Broomie does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

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.

Background Checks

Broomie checks the background of the cleaners via third parts background check services or local police clearance checks. However, each customer should exercise caution and common sense to protect their property and personal safety, just as they would when interacting with a strange person. BY USING THE BROOMIE PLATFORM, THE CUSTOMERS AGREES TO HOLD BROOMIE (9942165 CANADA INC.) FREE FROM THE RESPONSIBIILTY FOR ANY LIABILTY OF DAMAGE THAT MIGHT ARISE OUT OF THE CLEANER. BROOMIE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING CLEANERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY CLEANER’S SERVICES.

Text Messages and Phone Calls

By providing your phone number, you agree that we may, us your mobile phone number for calls and text (SMS) messages, in order to assist with the facilitating the requested cleaner.

Emails

Broomie may send you confirmation and other transactional emails regarding the cleaning services. Broomie may also send you emails about services we think might interest you.

Limitations of liability

Broomie will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • for any injury to persons or damage to property

These limitations of liability apply even if Broomie has been expressly advised of the potential loss.

Broomie is not liable for any damage caused to goods as requested to be cleaned or used in the cleaning service. This includes household items, cleaning appliances and/or tools, furniture, flooring, wall, electronics, light fixtures, windows, structures, clothing, garments, drapery, decorative objects, and general objects.

Cancellations

Broomie withholds the right to take full cost of cleaning for a cancellation within 24 hours of the scheduled job. If such incidence arises, a case may be filed with reason for cancellation. The case will be looked over by a member of the Broomie team. If the member of the Broomie team believes that the case deserves a re-fund, they can give the customer part of or the full amount of the pre-paid service.

On the Job

If a cleaner feels uncomfortable cleaning or in danger of attempting to clean/enter something in the job they are not obligated to attempt the job. The cleaners may use their own judgement to what determines the safety of the job.

Vouchers

Broomie vouchers or promotional codes for special offers or discounts may be available and can be used to pay in part or in full for the service.

Intellectual Property Rights

The Broomie platform, and the information, data, contents and materials, which it contains, are the property of Broomie and/or its affiliates and licensors.

Sending surveys

Broomie may be emailing out surveys after a completed job to follow up on how the process went. Broomie will use the information to internally rate both the cleaners and homeowners. The surveys are not required but they are encouraged.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Broomie’s liability in respect of any:

  • death or personal injury caused by Broomie’s negligence;
  • fraud or fraudulent misrepresentation on the part of Broomie; or
  • matter which it would be illegal or unlawful for Broomie to exclude or limit, or to attempt or purport to exclude or limit, its liability.

No Employment

Broomie provides a software platform, which allows you to connect with independent cleaners. Broomie is not the employer of any cleaner. You acknowledge that we do not supervise, control, or direct a cleaner’s service preformed in any manner. A cleaner provides services to you as an independent contractor and is not an employee for any purpose whatsoever.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Broomie has an interest in limiting the personal liability of its officers, employees, and contractors/cleaners. You agree that you will not bring any claim personally against Broomie’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Broomie’s officers, employees, agents, subsidiaries, successors, assigns, cleaners, contractors, and sub-contractors as well as Broomie.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Broomie and undertake to keep Broomie indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Broomie to a third party in settlement of a claim or dispute on the advice of Broomie’s legal advisers) incurred or suffered by Broomie arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Broomie’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Broomie may take such action as Broomie deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Broomie may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Broomie may transfer, sub-contract or otherwise deal with Broomie’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and Broomie in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the governing law of Canada and the Province of Ontario, and any local or regional laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ontario.

Disclaimer of Warranties; Limitation on Liability

Use of the Broomie website is entirely at your own risk.

Registrations and authorisations

Broomie is registered with our corp 9942165 Canada Inc. You can find the online version of the register at Broomie.ca.  Broomie’s registration number is 995216-5.

[Broomie’s HST number is (74784 2490 RT0001).

Broomie’s details

The full name of Broomie is 9942165 Canada Inc.

You can contact Broomie by email at info@broomie.ca

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE BROOMIE PLATFORM IS AN ACHNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last updated: February 27, 2017

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This document was created using a Contractology template available at http://www.contractology.com.