Application and Acceptance of Terms
THESE WEBSITE TERMS OF USE (THESE “TERMS”) CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS BEFORE USING THE WEBSITE AND ANY GLOWCLEAN PRODUCTS.
Last Update: April 28, 2022
1241793 BC Ltd. DBA GlowClean (“GLOWCLEAN”, “we” or “us”) uses the Website to provide you with information about our brand and products and services and to deliver a store (the “Store”) for the purchase and sale of our products and services. We also use third party providers for invoicing and payment processing. The Store, together with any information, customer service or any related services provided to you through the Website as well as third-party customer management systems (known as a CMS), are referred to in these Terms as the “GlowClean Products and Services”.
For the purposes of these Terms, “Website” means, collectively, https://www.glowcleaning.ca and all related webpages and websites (including without limitation any unique URL links provided by GlowClean to its customers and any mobile-optimized website), but does not include any third-party websites which are linked to or may link from the Website whether or not such third party websites are used in association with the GlowClean Products and Services.
Access to and use of the information provided through the Website and the GlowClean Products and Services (collectively referred to as the “Content”), is subject to your acceptance of and compliance with these Terms. By using the Website you agree to be bound by and indicate and acknowledge your acceptance of these Terms.
By accessing or using the Website and/or GlowClean Products and Services or otherwise accepting or agreeing to these Terms, you consent to the collection, use, disclosure and retention of your personal information by GlowClean as set out in the Privacy Policy which may be amended from time to time and which is incorporated into these Terms. The Privacy Policy sets out the types of personal information that we collect through your use of the Website and/or the GlowClean Products and Services, and the purposes for such collection, use and disclosure.
If you do not accept these Terms or the Privacy Policy, then do not use the Website, including the Store, or any of the Content.
Payment Transactions
You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money. All payments must be remitted through an account of a payment provider or processor approved by GlowClean and you agree to abide by the terms and conditions applicable to that payment method. When you provide any such payment account information to GlowClean, you represent to GlowClean that you are the authorized user of that payment account. GlowClean, or its approved third party payment provider or processor will charge your chosen method of payment for applicable fees in relation to your account, plus any applicable taxes we are required to collect, where you authorize us to do so.
YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US AND/OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT AND/OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES, TO THE EXTENT PERMITTED BY LAW, BE REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THESE TERMS AND/OR INTERRUPTION OR DISCONTINUATION OF THE WEBSITE OR ANY GLOWCLEAN PRODUCTS AND SERVICES.
Contract Services
Post-construction and post-renovation projects are required to have a signed contract on file with a scope of work. For repeating post-construction clients previous signed scope may be used in lieu of newly signed contracts. Regular janitorial and commercial clients are not required to sign contracts, however, approval of a quote and written agreement to start services indicates a committment of one year of services without a change in pricing. Requests for changes in the scope of work will require a review in pricing and possible price increase. Cancellation of recurring cleaning services requires 30 days notice. Client services are reviewed on a yearly basis starting from the date of the beginning of service and GlowClean reserves the right to change pricing each year upon review.
Refund and Cancellation Policy
GlowClean does not provide refunds. We accept cancellations up to and before the authorized work is started without penalty. If the authorized work has begun and a cancellation is requested, work will be prorated and billed accordingly. According to our quality guarantee, discounts OR credit may be offered in lieu of refunds if there is a written request submitted within 24 hours. Photographs of incompleted or poor quality work is welcome and feedback is encouraged. In the case of extreme weather conditions, employee illness or unforseen circumstances, replacement services will be provided. Payment for services is due within 30 days of cancellation.
Late Payments
GlowClean reserves the right to add a 2% every 15 days for past due invoices. Our net 30 policy requires payment that is paid via cheque, credit card through our payment processor, EFT or Interact eTransfer before the due date on your invoice. If no payment is received by the due date, a late charge of 2% per 15 days will be added to your account for unpaid amounts of $30 or more. Invoice reminders are sent 3 days, 7 days and 14 days after your due date.
Limitation of Liability
GlowClean will not be liable for items broken or damaged due to product wear-and-tear, nor damage to or caused by fixtures that are not properly secured such as pictures, mirrors, window treatments, wall coverings, lack of furniture glides for wood floors, lack of scratch covers on the bottom of furniture decor, cabinet mounted appliances, and accessories. GlowClean will not be liable for damage that is not reported within 24-hours of your last cleaning. GlowClean will consider liability for the repair of replacement cost of the item damaged or broken.
GlowClean uses Health Canada registered virucide cleaning products and trains our employees in proper disinfection techniques. This is a far as our responsibility lies as far as the safety of medical clinics and health facilities that we clean. We will not be liable for outbreaks or illnesses in facilities that we clean. Facilities that experience an outbreak of Covid-19 or other viral outbreak of concern must communicate their status to us our risk cancellation of their services.
Changes to Terms; No Waiver
We reserve the right to add to, delete or otherwise change these Terms at any time. Your use of the Website after any amendments or updates of these Terms shall signify your acceptance of such revised terms. The most current version of these Terms will govern your use of the Website. We will post any changes to these Terms on the Website and update the revision date at the beginning of these Terms. You should periodically review these Terms to see recent changes. Any changes to these Terms or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our directors or officers. No purported waiver or modification of these Terms by us via telephone or email communications will be valid.
Restrictions on Use of the Website
You acknowledge and agree that you are authorized to view and print the Content and to use the Website and the Content, and that you shall view, print and use the Website and the Content, for your own personal and non-commercial use only and otherwise only in accordance with these Terms. Except as otherwise set out in these Terms, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Website or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Website or the Content to construct a website or mobile application that competes with the Store.
In addition, you shall use the Website and links to other websites from the Website (the “Linked Sites”) for lawful purposes only and you shall use the Content in accordance with all applicable laws. You may not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the GlowClean Products and Services, or interfere with any other party's use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy, “scrape” or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.
Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with our products and services.
Mobile Devices
The Website may be available through or viewed from certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible with the Website or that you can use or access the Website and the Content through your mobile device.
General Rules of User Conduct
In using our Services, you agree not to do any of the following:
• conduct or promote any illegal activities;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
• attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
• attempt to gain access to secured portions of the Website to which you do not possess access rights;
• use the Website to generate unsolicited email advertisements or spam;
• impersonate another user.
Accuracy of Information
We work hard to make sure all information provided on the Website, including information regarding the products available in the Store, is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.
In the event that an GlowClean product is mistakenly listed at an incorrect price, GlowClean reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GlowClean shall issue a credit to the credit card used to make the purchase in the amount of the incorrect price.
Links to Third-Party Websites
The Website may contain links to other Linked Sites that are not owned or controlled by us and we are not responsible for the content of any Linked Sites. The presence on the Website of a link to any other Linked Site does not imply that we endorse or accept any responsibility for the content or use of such Linked Site, and you hereby release us from all liability and/or damages that may arise from your use of such Linked Site.
Links to the Website
While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.
Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we have designed features and employed security techniques to protect your personal information, we cannot guarantee the security of personal information at all times. Any transmission of your personal information is at your own risk.
Products Available for Sale
GlowClean reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area. GlowClean does not represent or warrant that any product or service provided on the Website will be available for purchase by you.
Security
While we make commercially reasonable efforts to keep the Website secure and protect the data you transmit to us through the Website, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information and as such cannot guarantee the security of the Website or such information and will not be liable for any unauthorized access to or use of the data transmitted via the Website.
Disclaimer of all Representations, Warranties and Conditions
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND ACCESS TO THE CONTENT ARE PROVIDED ON AN "AS IS", AS-AVAILABLE BASIS. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AFFILIATES AND AGENTS (COLLECTIVELY, “GLOWCLEAN PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, WITH RESPECT TO THE ACCESSIBILITY OR CAPABILITY OF THE WEBSITE OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND THE CONTENT BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, VIEWING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. WE DO NOT WARRANT THAT THE CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Limitation of Liability and Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN AND YOUR PURCHASE AND USE OF ANY PRODUCTS PURCHASED IS AT YOUR SOLE RISK. NONE OF THE GLOWCLEAN PARTIES SHALL BE LIABLE UNDER CONTRACT LAW, TORT LAW OR OTHERWISE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN OR YOUR PURCHASE OR USE OF ANY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL ANY GLOWCLEAN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, THE STORE, OUR PRODUCTS, ANY CONTENT OR ANY LINKED SITES OR FAILURE OF THE WEBSITE OR ANY LINKED SITES OR DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKED SITES OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKED SITES). THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO CASE WILL GLOWCLEAN’S TOTAL LIABILITY IN CONNECTION WITH ANY PRODUCTS PURCHASED THROUGH THE STORE ARISING UNDER ANY CAUSE WHATSOEVER BE FOR MORE THAN THE AMOUNT PAID FOR SUCH PRODUCTS.
YOU SHALL INDEMNIFY AND HOLD THE GLOWCLEAN PARTIES HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS, ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY) OR YOUR USE OR RELIANCE ON ANY PRODUCTS PURCHASED THROUGH THE STORE.
You expressly acknowledge that we are making the Website, Content and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by us of your use of, or access to, the Website.
Ability to Accept Terms of Use
You represent and warrant that: (i) you are an individual and over the age of majority in the jurisdiction in which you are resident; (ii) you are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal; (iii) you are fully able and competent to enter into, and abide by, these Terms.
Termination
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website.
Website Availability
We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
Intellectual Property Rights
The Website and all of the Content are, and at all times remain, the property of GlowClean The Website and all of the Content are protected by intellectual property rights owned by GlowClean. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of GlowClean (the “GlowClean IP”) or third parties (the “Third Party IP”). GlowClean at all times remains the sole owner of the GlowClean IP.
The display of the Content, the GlowClean IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the GlowClean IP or the Third Party IP. You acknowledge and agree that you do not acquire:
1. any ownership rights in any of the Content, the GlowClean IP or the Third Party IP;
2. any right to use any of the Content, the GlowClean IP or the Third Party IP for commercial purposes including sale, resale, license or sublicense; or
3. any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the Aspen IP or the Third Party IP.
Use of any of the Content, the GlowClean IP or the Third Party IP, without the prior written consent of GlowClean, or the applicable licensee, employee or third party, is strictly prohibited.
Survival
The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product offered on the Website, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms and the Privacy Policy together constitute the entire agreement between you and GlowClean with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and GlowClean with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with GlowClean, GlowClean will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. GlowClean’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by GlowClean of any provision or any right it has to enforce these Terms, nor shall any course of conduct between GlowClean and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms shall ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Jurisdiction
Those who choose to access the Website do so of their own initiative and are responsible for compliance with all applicable laws in force in the jurisdiction from which they access the Website. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules and laws regarding online conduct and submission of acceptable materials. These Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.
