Scrubbi Terms of Service
Scrubbi Terms of Service as of October 15, 2013
Scrubbi reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any msuch changes shall constitute your consent to such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SCRUBBI SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
Scrubbi is Only a Venue. The Service is a communications platform for enabling the connection between individuals seeking to obtain cleaning services and/or individuals seeking to provide cleaning services. Scrubbi does not check the backgrounds of cleaning service providers via third party background check services; and, Scrubbi does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such cleaning service providers. When interacting with cleaning service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’tknow. By using the Service, you agree to hold Scrubbi free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Use of Our Service
You may use the Service only if you can form a binding contract with Scrubbi, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Scrubbi.
B. Cleaning Services
Scrubbi’s obligations: As part of our Service, you may order, and our representatives may provide, cleaning Services for your residence. Scrubbi uses reasonable efforts to ensure that the cleaning will be provided in a professional and satisfactory manner. You understand and agree, however, that Scrubbi does not guarantee that your cleaning 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 Scrubbi’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your property resulting from a cleaning performed by Scrubbi’s representatives or your interactions with a Scrubbi representative) will be as is set forth in the Limitation of Liability section below.
Your obligations: If you choose to make a reservation for a cleaning Service, then you must: (1) verify the location of your residence while submitting a cleaning reservation; (2) ensure that someone will be able to give the Scrubbi representative access to your residence; and (3) provide a vacuum cleaner, broom, and mop if you want the Scrubbi representative to vacuum, sweep, or mop any part of your residence. You understand that it is your responsibility to remove from plain sight and/or secure all valuables in your residence before our representative arrives to clean your residence. Failure to adhere to your obligations hereunder may result in our inability to provide you with a cleaning. In no event will Scrubbi 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.
C. Scrubbi Online Accounts
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Scrubbi immediately of any breach of security or unauthorized use of your account. Scrubbi will not be liable for any losses caused by any unauthorized use of your account.
D. Online and Mobile Service Rules
Acceptable use of the online and mobile Service: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or nonautomated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Scrubbi servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Scrubbi grants the operators of public search engines revocable permission to use spiders to copy materials from scrubbi.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (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 Service; (viii) using the Service 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 Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that preventor restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Changes to the Service: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. 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 violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
License Grant & Restrictions
Scrubbi hereby grants you a nonexclusive, nontransferable, right to use the Software and Service, solely for your own personal, noncommercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Scrubbi 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 Internetbased 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 Service 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 Service or Software.
Our Proprietary Rights
Scrubbi 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 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 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 Scrubbi. Scrubbi’s name, Our logo, and the product names associated with the Software and Service are trademarks of Scrubbi or third parties, and no right or license is granted to use them.
A. Billing Policies
If you elect to purchase a cleaning on or through our online or mobile Service or through a Scrubbi representative over the phone, you agree to pay the amount presented on the billing screen or quoted to you over the phone, whichever the case may be. Scrubbi may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time at its sole discretion. Scrubbi will bill your credit card at the time of booking for the full amount of your service fees. Scrubbi, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers shall have no bearing whatsoever on your offer or existing service contract.
B. 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.
C. No Refunds
Due to the subjective nature of cleaning, once a cleaning is booked and your credit card has been charged, you will not be entitled to a refund for any reason. See also:
D. Lock Outs
In the event that our representatives are not able to access your premises upon arrival and we or our representatives receive no indication from you that entry will be provided within fifteen (15) minutes of our representative’s arrival, your appointment will be considered a lock out. Lock outs cannot be rescheduled and all fees already paid for the locked out appointment are forfeited.
E. 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 a cleaning service. Gift cards and gift certificates are not redeemable or refundable for cash. Gift card and gift certificate purchases are 100% nonrefundable. Gift cards and gift certificates can be used in conjunction with credit cards for purchase of a cleaning service. Gift card or gift certificate bookings can be made over the phone, and service appointments are set based on availability.
F. Payment Information; 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 Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
G. Service Guarantee & Claims
If you have service quality concerns regarding your cleaning appointment, Scrubbi provides you with a 24 hour service guarantee. You must notify Scrubbi within 24 hours of your last service appointment and Scrubbi will send another cleaner back to the home at the earliest opportunity to reclean at no cost to you. You agree that this is your only remedy in the event of a service quality dispute. If no notification is received within 24 hours of the service appointment, the service will be deemed satisfactory. Furthermore, any claims, losses or damage must be reported within 24 hours of your service appointment and will be processed in accordance with the terms outlined in the Limitation of Liability and Indemnity sections below.
Scrubbi cares about the integrity and security 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 agree to defend, indemnify and hold harmless Scrubbi and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any cleaning Services received by you and performed by Scrubbi representatives; (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 thirdparty 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCRUBBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, INCLUDING THE CLEANING SERVICES PERFORMED BY SCRUBBI’S REPRESENTATIVES, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICE, INCLUDING OUR CLEANINGS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. 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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SCRUBBI, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE. 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCRUBBI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS OR LICENSORS 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 SERVICE, INCLUDING THE CLEANINGS PERFORMED BY SCRUBBI’S REPRESENTATIVES. UNDER NO CIRCUMSTANCES WILL SCRUBBI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCRUBBI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR SERVICE, INCLUDING THE CLEANING SERVICES PERFORMED BY OUR REPRESENTATIVES; (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 SCRUBBI’S REPRESENTATIVES IN PERFORMING CLEANINGS; (VI) THE FAILURE OF SCRUBBI’S REPRESENTATIVES 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 SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SCRUBBI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, 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 SCRUBBI FOR YOUR LAST SCHEDULED CLEANING APPOINTMENT OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SCRUBBI 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.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in Canada. Scrubbi makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Canada, or are a reign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on the Service are solely direced to individuals, companies, or other entities located in Canada and the United States.
SCRUBBI’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Miscellaneous Terms and Dispute Resolution
You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and Scrubbi Holdings Incorporated 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. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of the Scrubbi Software or Scrubbi Services must be commenced exclusively in the courts located in Vancouver, British Columbia, Canada and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. 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. 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
You agree that: (i) Scrubbi shall be deemed solely based in British Columbia; and (ii) the Software shall be deemed a passive website that does not give rise to personal jurisdiction over Scrubbi, either specific or general, in jurisdictions other than British Columbia. 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. The Agreement shall be governed by the laws of the Province of British Columbia without regard to its conflicts of laws provisions.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SCRUBBI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.