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Mesh Maids Inc.
Terms and Conditions of Use and Sale
(Collectively, the “Agreement”)
PLEASE READ THIS AGREEMENT WITH CARE. By utilizing and purchasing the products and services (as defined herein), you acknowledge that you have reviewed, understood, and accepted the terms and conditions of this agreement, as they may be amended from time to time by Mesh Maids Inc.
The following terms and conditions of this Agreement, as amended from time to time in accordance with this Agreement (the “Terms”), are a legal agreement between you and Mesh Maids Inc. (referred to as “Mesh Maids,” “our,” or “us”) that governs your use and purchase, if any, of Mesh Maid’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 is applicable to all visitors, users, and other individuals who access the Services of Mesh Maids (referred to as “Users” or “you”).
The terms and conditions of this Agreement, as well as the collection and use of your information in accordance with the Mesh Maids Privacy Policy, are accepted and are binding upon you by using, accessing, and/or purchasing the Services, regardless of whether you are a registered user of our Service.
Mesh Maids retains the right to amend the terms and conditions of this Agreement, or its policies regarding the Services, at any time. These modifications will be effective as of the date on which an updated version of this Agreement is published by Mesh Maids. This Agreement must be reviewed on a regular basis by you. Your continued use of the Services following any such changes will constitute your assent to the mentioned changes, amendments, or modifications. If you have ever retracted your agreement to these Terms or do not agree to be bound by them, you must immediately cease accessing and using the Services.
Users utilize Mesh Maids solely as a platform or venue. The Services comprise a communications platform that facilitates the introduction of individuals who are interested in obtaining cleaning services for the User’s domicile (the “Residence”) and/or individuals who are interested in providing cleaning services (the “Service Provider”). Mesh Maids does not conduct any security checks, reference checks, or background checks on Service Providers, with the exception of a criminal records check using the Service Provider BackCheck.ca. Nevertheless, Mesh Maids does not provide any assurances regarding the accuracy of the criminal records check conducted through this third-party service provider. Mesh Maids does not make, guarantee, or warrant any representations regarding the reliability, quality, or suitability of these Service Providers. You acknowledge and embrace all responsibilities associated with the protection of your residence, personal property, personal safety, and the safety of those who reside at or have access to your residence when engaging with Service Providers. You acknowledge that you are required to exercise all reasonable and necessary precautions when interacting with the Service Providers, as if they were strangers.
By utilizing the Services, you acknowledge that Mesh Maids, its parent, subsidiary, and related corporations, as well as each of their officers, directors, servants, employees, and agents, are not liable for any liability or damage that may result from your use of the Services, including, but not limited to, the Service Provider. Mesh Maids, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) are not responsible for or liable for the 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 acknowledge that the Terms outlined in this Agreement are the sole and exclusive remedies available to you in law and in equity.
You are permitted to utilize the Services only if you are legally capable of entering into a binding contract with Mesh Maids, and you consent to the terms of this Agreement. You are also required to fulfill the obligations of this Agreement in full compliance with all relevant laws, rules, and regulations, including but not limited to local, state, national, and international laws. Anyone under the age of eighteen (18) is expressly prohibited from using the Service, which is a violation of this Agreement. The Service is not usable to any Users whose agreements have been terminated by Mesh Maids, including those who have been previously excluded from the Service.
You have the option to request Services for your residence as part of our Services, and our Service Providers may provide them. Mesh Maids will make every effort to guarantee that the Services are rendered in a professional and satisfactory manner. Mesh Maids does not guarantee that the Services will be performed to your satisfaction, that they will meet your requirements, or that they will comply with any relevant industry or professional standards. You hereby acknowledge and consent that Mesh Maids’s total liability to you for any and all actions, causes of actions, claims, debts, demands, and damages in relation to this Agreement (including, without limitation, damages to your residence, personal property, and security of persons, that may be caused by Mesh Maids the Service Provider) will be limited in accordance with the Limitation of Liability section in this Agreement.
If you choose to reserve the Services, you are required to: (1) confirm the location of your residence while submitting a cleaning reservation and demonstrate that you have the authority to make such reservations for your residence; (2) ensure that an individual authorized by you grants the Service Provider access to your residence; and (3) provide the Service Provider with access to and use of a vacuum cleaner, broom, and mop if you wish for them to vacuum, sweep, or mop any area of your residence. Prior to the Service Provider being granted access to your Residence, you assume responsibility for the security of and the removal of access to valuables in your Residence, including, but not limited to, positioning values in locked areas. If you neglect to fulfill your obligations under this Agreement, Mesh Maids reserves the right to terminate or modify the Services provided to you at its sole discretion. Mesh Maids shall not be held accountable to you or any third party for any alleged or actual damages or losses that are directly or indirectly the result of your failure to comply with the terms of this Agreement.
Your Mesh Maids account grants you access to the Services, which may be modified at Mesh Maids’ sole discretion in terms of their form and functionality. Please consult our Privacy Policy for additional details regarding the methods by which you may modify your settings for these services. You are required to provide Mesh Maids with accurate and comprehensive information when establishing your account. You are prohibited from providing Mesh Maids with inaccurate, false, or misleading information. The activity that transpires on your account is entirely your responsibility, and you are required to maintain the security of your account password. We strongly advise the use of robust passwords (e.g., passwords that incorporate a combination of upper- and lower-case letters, numerals, and symbols) with your account. It is imperative that you promptly notify Mesh Maids of any unauthorized use of your account or security breach. Mesh Maids shall not be held accountable or liable for any losses resulting from unauthorized use of your account, despite the aforementioned.
All of the following activities are prohibited, and you consent to refrain from participating in them: (i) copying, distributing, or divulging any portion of the Services in any medium, including without limitation through any automated or nonautomated “scraping”; (ii) utilizing any automated system, including but not limited to “robots,” “spiders,” “offline readers,” and similar technology, to access the Services in a manner that sends more request messages to the Mesh Maids 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 Mesh Maids; (iv) attempting to decipher any transmissions to or from the servers running the Services, compromise the system integrity or security, or interfere with the Services; (v) taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large burden 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,, or hiding or attempting to hide your identity. (x) disrupting the Services’ functionality; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) circumventing the measures we may employ to prevent or restrict access to the Services, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content therein.
Mesh Maids reserves the right to modify the Services, cease providing the Services to you or to users in general, or establish usage limits for the Services without prior notice and at its sole discretion. We may suspend or terminate your access to the Service without notice or liability for any reason, including the sole determination that you have violated any provision of this Agreement, or for no reason at all. You remain subject to the obligations outlined in this Agreement regardless of the cause of termination.
Mesh Maids hereby grants you a nonexclusive, non-transferable right to use the website and software that are implemented or operated by Mesh Maids in relation to the Services (collectively, the “Software”), solely for your own personal, non-commercial purposes, subject to these Terms. Mesh Maids retains all rights that are not explicitly granted to you.
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.
Mesh Maids shall be the sole owner of all right, title, and interest, including all related intellectual property rights, in and to the Software and the Service, as well as 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 does not constitute a sale of the Software and does not grant you any ownership rights in or related to the Software, or any intellectual property rights owned by Mesh Maids. The Software and Service are associated with Mesh Maids’s trademarks, which include the company’s name, logo, and product names. Users are not granted any rights or licenses to use these trademarks.
If you choose to purchase cleaning Services from our Mesh Maids (through online Services, mobile Services, or a Mesh Maids representative), you consent to paying the amount displayed on the billing screen or the amount quoted to you by a Mesh Maids representative, as applicable. At its sole discretion, Mesh Maids reserves the right to introduce new Services in exchange for additional fees and charges, or to modify fees and charges for existing Services. You hereby irrevocably authorize Mesh Maids to charge your credit card for the entire amount of the Services you have reserved at the time of booking. At its sole discretion, Mesh Maids may extend promotional offers to any of our consumers or Users that differ in terms of features and rates. Your current agreement with Mesh Maids shall not be affected by these promotional offers in any way.
Bookings are not subject to cancellation, modification, or transfer. If you choose to terminate your service appointment(s), you will be responsible for any fees that have been charged to your account.
To terminate regular services, please send an email to [email protected] with the cancellation request before the last pre-paid service in the current billing cycle commences. Otherwise, the services will renew with the same terms, pricing, and duration at the commencement of the final pre-paid service.
You are not eligible for a refund for any reason once you have booked a cleaning and your credit card has been charged. Refer to https://meshmaids.ca/refund-policy/ for further details regarding Mesh Maids’s policy regarding refunds.
We may retain or disclose your information if we are of the opinion that it is reasonably necessary to comply with a law, regulation, or legal request, to ensure the safety of any individual, to address fraud, security, or technical issues, or to protect Mesh Maid’s rights or property. Mesh Maids retains the right to utilize the information we collect about you for internal purposes, including the analysis of Website usage, troubleshooting, the enhancement of our marketing and promotional efforts, the enhancement of our content and product offerings, and the customization of our Websites’ content, layout, and services.
If the Service Providers are unable to access your home upon their arrival and they or we do not receive any indication from you that entry will be provided within fifteen (15) minutes of the Service Provider’s arrival, your appointment will be deemed a “lockout.” All fees that have been paid for the locked-out appointment are forfeited, and lockouts cannot be rescheduled.
Mesh Maids frequently conducts research on its user demographics, interests, and behavior in order to more effectively serve and comprehend the users of the Services. This research is based on the information that has been presented to us. This research may be aggregated and analyzed, and Mesh Maids may disclose this aggregate information to its affiliates, agents, and business partners. You are not personally identified by this aggregated data. In addition, Mesh Maids may disclose aggregated user statistics to current and prospective business partners, as well as to other third parties for other lawful purposes, in order to provide a description of our services.
Parking
The client is accountable for guaranteeing that the Mesh Maids contractor/employee/agent has access to free parking upon their arrival at the client’s residence and for the extent of the services being rendered. Parking must be accessible immediately contiguous to or on the property. The client is accountable for all parking fees that the contractor/employee/agent incurs in the event that free parking is unavailable. Upon the contractor/employee/agent’s arrival, the client must be prepared to cover the parking fees. If the client fails to provide parking, the appointment will be deemed a lockout, and the service will be forfeited.
Each purchase of the Services is eligible for the purchase or redemption of an unlimited number of gift cards or gift certificates. Gift cards and gift certificates are not redeemable or refundable for cash. Gift card and gift certificate transactions are nonrefundable in their entirety. Credit cards may be employed in conjunction with gift cards and gift certificates to acquire cleaning services. The same terms and conditions as this Agreement apply to the booking of gift cards or gift certificates, and service appointments are scheduled according to availability.
The Service requires that all information you submit in connection with a purchase, transaction, or other monetary transaction interaction be accurate, complete, and current. You consent to the payment of all charges incurred by users of your credit card, debit card, or other payment method in connection with a purchase, transaction, or other monetary transaction interaction with the Services at the prices that are in effect at the time of the occurrence. If applicable, you will be responsible for paying any taxes associated with the purchases, transactions, or other monetary transactions.
If you have any concerns about the quality of the cleaning services that Mesh Maids has provided, please inform us within 24 hours of your most recent service appointment. Mesh Maids will promptly dispatch a Service Provider to the Residence to conduct a recleaning at no additional cost to you. In the event of a service quality dispute, you acknowledge that this is your sole remedy. If Mesh Maids 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. In addition, any claims, losses, or damage must be reported within 24 hours of your service appointment and will be handled in accordance with this Agreement.
Zero-Tolerance Clause
Mesh Maids has implemented a policy of complete non-acceptance for abusive client conduct. Mesh Maids is dedicated to establishing a secure environment for all individuals, including contractors, employees, and agents, who interact with Mesh Maids clients. At the discretion of Mesh Maids, clients who behave in an inappropriate manner may be subject to having their service or services forfeited entirely (no refund). Inappropriate conduct may take the form of verbally abusing a contractor/employee/agent, engaging in inappropriate behavior within your home to the extent that the contractor/employee/agent feels uncomfortable and is compelled to leave, engaging in abusive and aggressive written communication with a contractor/employee/agent, or any other general display of inappropriate, aggressive, or abusive behavior.
Mesh Maids places a high value on your privacy. Please refer to Our Privacy Policy for critical information concerning the collection and utilization of your information. We urge you to review the Privacy Policy and to apply it to assist in the formulation of well-informed decisions concerning your utilization of our Services. You consent to the collection, use, and disclosure of your personally identifiable information and aggregate data in accordance with our Privacy Policy by utilizing our Service.
Mesh Maids prioritizes the security and integrity of your personal information. Mesh Maids will adhere to all relevant laws regarding the collection, use, and recording of your personal information. Nevertheless, we are unable to ensure that unauthorized third parties will never be able to circumvent our security measures or use your personal information for illegitimate purposes. You acknowledge that you are disclosing your personal information at your own risk. You agree to renounce, release, and discharge Mesh Maids from any and all actions, causes of action, claims, debts, demands, and damages that may arise as a result of unauthorized access, use, and use of your personal information by third parties.
Your services with Mesh Maids will be forfeited if you initiate a chargeback with your credit card issuing institution.
The Services may include hyperlinks to third-party websites, services, special offers, or other events or activities that are not under the ownership or control of Mesh Maids. Mesh Maids does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. You acknowledge that this Agreement and Mesh Maids’s Privacy Policy do not apply to your use of third-party websites that you access through the Service, and you do so at your own risk. You explicitly absolve Mesh Maids of any and all liability that may result from your utilization of any third-party website, service, or content. Furthermore, your interactions with or participation in promotions of advertisers located on the Service, including payment and delivery of products, and any other terms (such as warranties), are exclusively between you and such advertisers. You acknowledge that Mesh Maids shall not be held accountable for any loss or damage associated with your interactions with these advertisers.
User’s Risk
Mesh Maids does not guarantee, endorse, warrant, or assume responsibility for the Services provided hereunder, including the cleaning Services performed by the Service Providers, or any losses or damages that may arise from them, to the fullest extent permitted by applicable law. The Services, which include cleaning Services, are provided to you on a “as is” and “as available” basis. The use of the Services is at your own discretion. You are solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or your use of the Service. Any content that is downloaded or otherwise obtained through the use of the Service is done so at your own risk.
No Warranty
The Service is provided without warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law. This includes, but is not limited to, implied and/or statutory warranties of merchantability, fitness for a particular purpose, workmanlike quality, non-infringement, or compliance with legal requirements. Mesh Maids does not warrant that the Services will produce any particular outcomes. Mesh Maids, its parent, subsidiary, and related corporations, as well as their officers, directors, servants, employees, and agents, do not guarantee that the Services will be accurate, reliable, or correct, or that they will meet your requirements. Additionally, they do not guarantee that the Services will be available at any specific time or location, uninterrupted, or secure.
General Limitation of Liability
Mesh Maids, 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, to the maximum extent permitted by applicable law. Mesh Maids shall not be held accountable for any damage, loss, or injury that may arise from unauthorized access or use of the Services, your account, or the information contained therein, as a result of hacking, interference, or any other unauthorized activity. Even if Mesh Maids has been informed of the potential for such damage, this limitation of liability provision remains in effect, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. The aforementioned limitation of liability shall be enforced to the utmost extent permitted by law in the relevant jurisdiction.
Without limiting the generality of section 27 of this Agreement, and to the maximum extent permitted by applicable law, Mesh Maids 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 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. Additionally, the Services and the Software may be susceptible to delays, limitations, and other issues that are inherent in the use of electronic communications and the internet. Mesh Maids is not liable for any delays, delivery failures, or other damage that may arise as a result of these issues. Mesh Maids, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) shall not be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount that exceeds the amount you paid to Mesh Maids for your most recent scheduled cleaning appointment or $100.00, whichever is greater.
Indemnification of Mesh Maids
You agree to defend, indemnify and hold harmless Mesh Maids, 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
You irrevocably accept the disclaimers, limitations of liability, and indemnities outlined in these Terms by using, accessing, and purchasing the Services from Mesh Maids, with the exception of any prohibitions imposed by applicable law.
Choice of Law
You are accountable for adhering to all relevant laws. You are prohibited from utilizing the Services if you are incapable of doing so in a manner that is consistent with the laws of British Columbia, Canada, and any other law that applies to you. This Agreement, the provision of the Services, and the relationship between you and Mesh Maids will be governed by the laws of the Province of British Columbia, Canada, without regard to any choice of law principles that would necessitate the application of the laws of a different country, state, or province. The parties commit to promptly informing each other of the dispute and endeavoring to resolve it in good faith, should it arise under or related to this Agreement.
Arbitration
You acknowledge that all disputes, claims, or issues that arise 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 in accordance with 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 acknowledge that the Dispute will be resolved by a single arbitrator (the “Arbitrator”) who is qualified to make a decision based on their education and training. The arbitration will occur in Surrey, British Columbia. The BCICAC will appoint the Arbitrator if the Parties are unable to reach an agreement on the Arbitrator. You waive your right to file, proceed, or otherwise resolve the Dispute through an action, hearing, application, or trial (by a judge or by a jury) in the courts of British Columbia or any other court with competent jurisdiction. You acknowledge that the Arbitrator’s decision regarding the Dispute will be binding on both you and Mesh Maids.
Delays
Postponements
Any delay or failure by us to exercise or enforce any right or provision of these Terms will not be construed as a waiver of such right or provision. No waiver by us will be effective unless it is in writing and signed by us. Additionally, any such waiver of a breach or default will not be considered a waiver of any succeeding breach or default.
Agency
Mesh Maids has acted as the 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) in order to obtain the aforementioned indemnities and other covenants from the User for each of their benefits for the purposes of this Agreement.
Severability
In the event that a court of competent jurisdiction determines that any provision of this Agreement, or a portion of it, is unenforceable, the provision will be enforced to the fullest extent permitted to achieve the parties’ intended outcome, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement is the sole agreement between you and Mesh Maids regarding the subject matter of this Agreement, and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and Mesh Maids regarding the subject matter of this Agreement.
Enurement
The User, Mesh Maids, and each of their respective heirs, executors, administrators, personal representatives, and successors shall benefit from and be bound by the terms of this Agreement.
If you have any inquiries about this Agreement, please do not hesitate to reach out to us at [email protected].
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