-
Privacy Policy
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING AND
PURCHASING THE PRODUCTS AND SERVICES (AS DEFINED HEREIN), YOU CONFIRM THAT YOU
HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
AS MAY BE AMENDED FROM TIME TO TIME BY JADE BRUSH PAINTING.Introduction
- The
following terms and conditions of this Agreement, as amended from time to
time in accordance with this Agreement (the “Terms”) is a legal
agreement between you and Jade Brush Painting Holdings Incorporated
(referred to as “Jade Brush Painting,” “our,” or “us”),
which governs your use and purchase, if any, of Jade Brush Painting’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 applies to all visitors, users, and others who access the
Services of Jade Brush Painting (referred to as “Users,” or “you”). - By
using, accessing and/or purchasing the Services, you agree to, and are
bound by, the terms and conditions of this Agreement and to the collection
and use of your information as set forth in the Jade Brush Painting
Privacy Policy, whether or not you are a registered user of our Service. - Jade
Brush Painting reserves the right to modify the terms and conditions of
this Agreement, or its policies relating to the Services at any time,
effective as of the date on which an updated version of this Agreement is
published by Jade Brush Painting. You are responsible for regularly
reviewing this Agreement. Continued use of the Services after any such
changes shall constitute your consent to such changes, amendments, or
modifications. If you do not agree to be bound by these Terms, or
have at any time retract your agreement to these Terms, you must cease
accessing and using the Services. - Jade
Brush Painting is only a venue or platform used by the Users. The Services
includes a communications platform for enabling the connection between
individuals seeking to obtain cleaning services for the User’s residence
(the “Residence”) and/or individuals seeking to provide cleaning
services (the “Service Provider”). Jade Brush Painting does not
check the backgrounds of Service Providers, conduct reference checks or
any other security checks whatsoever, except for a criminal records check
using the Service Provider BackCheck.ca. However, Jade Brush Painting
makes no guarantees for the criminal records check accuracy using this
third-party service provider. Jade Brush Painting does not make, guarantee
or warrant any representations regarding the reliability, quality or
suitability of such Service Providers. When interacting with Service
Providers, you agree to take and accept all responsibilities related to
the protection of your residence, your personal property, your personal
safety, and the safety of those who reside at or has access to your
Residence. You agree to take and exercise all reasonable and necessary
precautions at all times when dealing with the Service Providers, as if
the Service Providers are strangers with whom you are interacting with. - By
using the Services, you agree to hold Jade Brush Painting, and its parent,
subsidiary, and related corporations, and each of their officers,
directors, servants, employees, and agents, free from an and all
responsibility for any liability or damage that might arise out of your
use of the Services, including without limitation, the Service
Provider. Jade Brush Painting, its parent, subsidiary, and related
corporations (including and each of their officers, directors, servants,
employees, agents,suppliers, contractors, or licensors), are
not responsible for and not liable for 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 agree that the Terms as set out in this
Agreement will be the sole and exclusive remedies available to you at law
and in equity.
Use of Our Services
- Eligibility
You may use the Services only if you have the capacity to
form a binding contract with Jade Brush Painting, provided that you agree with
the Terms of this Agreement and agree to perform the obligations of this
Agreement in full compliance with all applicable law, including without
limitation, local, state, national, and international laws, rules and regulations.
Any use of the Service by anyone under eighteen (18) is strictly prohibited and
in violation of this Agreement. The Service is not available to any Users for
whom this Agreement has been terminated by Jade Brush Painting, including those
previously removed from the Service by Jade Brush Painting.- No
Guarantees for Services
As part of our Services, you may order, and our Service
Providers may provide, Services for your Residence. Jade Brush Painting will
endeavour to ensure that the Services will be provided in a professional and
satisfactory manner. Notwithstanding the foregoing, Jade Brush Painting does
not guarantee that the Services 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 Jade Brush
Painting’s total liability to you for any and all actions, causes of actions,
claims, debts, demands and damages howsoever arising which you may have in
relation to this Agreement (including, without limitation, damages to your
Residence, personal property, and security of persons, that may be caused by Jade
Brush Painting the Service Provider) will be limited in accordance with the
Limitation of Liability section in this Agreement.- User’s
Obligations to Protect Values
If you choose to make a reservation for the Services, then
you must: (1) verify the location of your Residence while submitting a cleaning
reservation and you have the authority to make such reservations for your
Residence; (2) ensure that an individual authorized by you will give the
Service Provider access to your Residence; and (3) provide the Service Provider
access and use of a vacuum cleaner, broom, and mop if you want him/her to
vacuum, sweep, or mop any part of your Residence. You accept responsibility for
the security of and for removing access to valuables in your Residence
(including without limitation placing values in locked areas) prior to the
Service Provider giving access to your Residence. If you fail to comply with
your obligations under this Agreement, Jade Brush Painting, at its sole
discretion, may terminate modify the provision of the Services to you. Under no
circumstances will Jade Brush Painting 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.- Jade
Brush Painting Online Accounts
Your Jade Brush Painting account gives you access to the
Services, the form and functionality of which may be amended from time to time
in the sole discretion of Jade Brush Painting. For more information about how
you can adjust your settings for such services, please review our Privacy
Policy. When creating your account, you must provide accurate and complete
information; you must not provide inaccurate, false or misleading information
to Jade Brush Painting. 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 (e.g. passwords that use a combination of upper and
lower case letters, numbers and symbols) with your account. You must notify Jade
Brush Painting immediately of any breach of security or unauthorized use of
your account. Notwithstanding the foregoing, Jade Brush Painting will not be
responsible or liable for any losses caused by any unauthorized use of your
account.- Prohibited
Activities
You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the Services
in any medium, including without limitation by any automated or nonautomated
“scraping”; (ii) using any automated system, including without limitation
“robots,” “spiders,” “offline readers,” and similar technology, to access the
Services in a manner that sends more request messages to the Jade Brush
Painting 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 Jade Brush Painting;
(iv) attempting to interfere with, compromise the system integrity or security
or decipher any transmissions to or from the servers running the Services; (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 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, hiding or attempting to hide your identity; (x) interfering
with the proper working of the Services; (xi) accessing any content on the
Services through any technology or means other than those provided or
authorized by the Services; or (xii) bypassing the measures we may use to
prevent or restrict access to the Services, including without limitation
features that prevent or restrict use or copying of any content or enforce
limitations on use of the Services or the content therein.- Changes
to Services
Jade Brush Painting is entitled to, without prior notice and
its sole discretion, change the Services, stop providing the Services to you or
to users generally, or create usage limits for the Services. 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
breached any provision of this Agreement, or for no reason at all. Upon
termination for any reason or no reason, you continue to be bound by your
obligations as set out in this Agreement.License Grant & Restrictions
- Personal
Use
Jade Brush Painting hereby grants you a nonexclusive,
non-transferable, right to use the website and software that is implemented or
operated by Jade Brush Painting in relation to the Services (collectively, the
“Software”), solely for your own personal, non-commercial purposes, subject to
these Terms. All rights not expressly granted to you are reserved by Jade Brush
Painting.- Prohibited
Uses
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.- Our
Proprietary Rights
Jade Brush Painting alone 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 of
the Software and does not convey to you any rights of ownership in or related
to the Software, or any intellectual property rights owned by Jade Brush
Painting. Jade Brush Painting’s name, logo, and product names associated with
the Software and Service are trademarks of Jade Brush Painting, and no right or
license is granted to the Users use them.Paid Services
- Billing
Policies
If you elect to purchase cleaning Services on or through our
Jade Brush Painting (through online Services, mobile Services, or through a Jade
Brush Painting representative), you agree to pay the amount presented on the
billing screen or the amount quoted to you by a Jade Brush Painting
representative, whichever the case may be. Jade Brush Painting may add new
Services for additional fees and charges, or amend fees and charges for
existing Services, at any time at its sole discretion. You irrevocably
authorize Jade Brush Painting to bill your credit card at the time of booking
for the full amount of the Services reserved by you. Jade Brush Painting, at
its sole discretion, may make promotional offers with different features and
different rates to any of our Customers or Users. These promotional offers
shall have no effect whatsoever on your existing Agreement with Jade Brush
Painting.- 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.Regular services that are billed month-to-month must be
canceled prior to the start of the last pre-paid service in the current billing
cycle by emailing support@Jade Brush Painting.com with the cancellation
request.- No
Refunds
Once a cleaning is booked and your credit card has been
charged, you will not be entitled to a refund for any reason whatsoever. See
also: for additional information on Jade Brush Painting’s no-refund
policy.- Lock
Outs
In the event that the Service Providers are not able to
access your residence upon arrival and we or the Service Providers receive no
indication from you that entry will be provided within fifteen (15) minutes of
the Service Provider’s arrival, your appointment will be considered a
“lockout.” Lockouts cannot be rescheduled and all fees already paid for the
locked out appointment are forfeited.- Parking
The client is responsible for ensuring that free parking is
readily available for the Jade Brush Painting contractor/employee/agent upon
arrival at the client’s residence and for the entire duration of the services
being provided. Parking must be available on the property or directly adjacent
to the property. In the event that free parking is not available, the client is
responsible for all parking fees incurred by the contractor/employee/agent. The
client must be available to pay for the parking fees for the
contractor/employee/agent upon arrival. In the event that parking is not made
available by the client, the appointment will be considered a lock-out and the
service will be forfeited.- 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 the Services. Gift
cards and gift certificates are not redeemable or refundable for cash. Gift
card and gift certificate purchases are 100% non-refundable. Gift cards and
gift certificates can be used in conjunction with credit cards for the purchase
of cleaning Services. Gift card or gift certificate bookings are subject to the
same terms and conditions as this Agreement and service appointments are set
based on availability.- Payment
Information; Taxes
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 Services at the prices in effect when such charges are
incurred. If any, you will pay any applicable taxes relating to any such
purchases, transactions, or other monetary transaction interactions.- Service
Quality Claims
If you have service quality concerns regarding the cleaning
services provided to you, you must notify Jade Brush Painting within 24 hours
of your last service appointment and Jade Brush Painting will send a Service
Provider back to the Residence at the earliest opportunity to reclean at no
additional cost to you. You agree that this is your only remedy in the event of
a service quality dispute. If Jade Brush Painting 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. Furthermore, any claims, losses, or
damage must be reported within 24 hours of your service appointment and will be
processed in accordance with this Agreement.- Zero-Tolerance
Clause
Jade Brush Painting has adopted a zero-tolerance policy in
respect to abusive client behavior. Jade Brush Painting is committed to
creating a safe environment for all contractors, employees, agents, etc that
are in the business of interacting with Jade Brush Painting clients. Clients
who act inappropriately will not be tolerated and may be subject to having
their service or services forfeited entirely (no refund), at Jade Brush
Painting’s discretion. Examples of inappropriate behavior include, but are not
limited to: verbally abusing a contractor/employee/agent, making or attempting
to make inappropriate physical contact with a contractor/employee/agent,
engaging in inappropriate behavior within your home to the extent that the
contractor/employee/agent feels uncomfortable and forced to leave, engaging in
abusive and aggressive written communication with a contractor/employee/agent,
and any other general display of inappropriate, aggressive, or abusive
behavior.- Privacy
Your privacy matters greatly to Jade Brush Painting. For
important disclosures regarding our collection and use of your information, you
should visit Our Privacy Policy. We encourage you to read the Privacy Policy
and to use it to help make informed decisions regarding your use of our
Services. By using our Service, you consent to the collection, use and
disclosure of your personally identifiable information and aggregate data as
set forth in our Privacy Policy.- Security
The integrity and security of your personal information is
important to Jade Brush Painting. Jade Brush Painting will comply with
applicable law with respect to the collection, use and recording 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 waive, release and discharge Jade
Brush Painting of any and all actions, causes of actions, claims, debts,
demands and damages howsoever arising which may arise as a result of
unauthorized access, use, and use of your personal information, by third
parties.- Chargebacks
Initiating a chargeback with your credit card issuing
institution will result in a forfeiture of your services with Jade Brush
Painting.- Third-Party
Links
The Services may contain links to third-party websites,
services, special offers, or other events or activities that are not owned or
controlled by Jade Brush Painting. Jade Brush Painting does not endorse or
assume any responsibility for any such third-party sites, information,
materials, products, or services. If you access a third-party website from the
Service, you do so at your own risk, and you understand that this Agreement and
Jade Brush Painting’s Privacy Policy do not apply to your use of such sites.
You expressly relieve Jade Brush Painting from any and all liability arising
from your use of any third-party website, service, or content. Additionally,
your dealings with or participation in promotions of advertisers found on the
Service, including payment and delivery of goods, and any other terms (such as
warranties) are solely between you and such advertisers. You agree that Jade
Brush Painting shall not be responsible for any loss or damage of any sort
relating to your dealings with such advertisers.Disclaimers, Limitation of Liability
& Indemnifications- User’s
Risk
To the maximum extent permitted by applicable law, Jade
Brush Painting does not warrant, endorse, guarantee, or assume responsibility
for the Services hereunder, including the cleaning Services performed by the
Service Providers, or any losses or damages that may result therefrom. The
Services, including cleaning Services, are provided to you on an “as is” and
“as available” basis. Your use of the Services is at your own risk. 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.- No
Warranty
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 and/or statutory warranties of
merchantability, fitness for a particular purpose, workmanlike quality,
non-infringement, or compliance with legal requirements. Jade Brush Painting
does not guarantee that use of the Services will yield any specific results.
Without limiting the foregoing, Jade Brush Painting, and its parent,
subsidiary, and related corporations, and each of their officers, directors,
servants, employees, and agents, do not warrant that the Services are accurate,
reliable or correct, or that the Services will meet your requirements, or that the
Services will be available at any particular time or location, uninterrupted or
secure.- General
Limitation of Liability
To the maximum extent permitted by applicable law, Jade
Brush Painting, 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. Under
no circumstances will Jade Brush Painting be responsible for any damage, loss
or injury resulting from hacking, tampering or other unauthorized access or use
of the Services or your account or the information contained therein. This
limitation of liability section applies whether the alleged liability is based
on contract, tort, negligence, strict liability, or any other basis, even if Jade
Brush Painting 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.- Without
limiting the generality of section 27 of this Agreement, and to the
maximum extent permitted by applicable law, Jade Brush Painting 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 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 Services; and/or (vii) user content or the defamatory,
offensive, or illegal conduct of any third party or the Service Provider.
Furthermore, the Services and the Software may be subject to limitations,
delays, and other problems inherent in the use of the internet and
electronic communications. Jade Brush Painting is not responsible for any
delays, delivery failures, or other damage resulting from such problems.
In no event shall Jade Brush Painting, its parent, subsidiary, and related
corporations (including and each of their officers, directors, servants,
employees, agents, 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 Jade Brush Painting
for your last scheduled cleaning appointment or $100.00, whichever is
greater.
- Indemnification
of Jade Brush Painting
You agree to defend, indemnify and hold harmless Jade Brush
Painting, 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
By using, accessing and purchasing the Services from Jade
Brush Painting, you irrevocably accept the disclaimers, limitations of
liability, and indemnities set out in these Terms, except as may be prohibited
by applicable law, if any.Miscellaneous Terms
- Choice
of Law
You are responsible for compliance with all applicable laws.
You may not use the Services if you are unable to do so in a manner that
complies with the laws of British Columbia, Canada, and any other applicable to
you. This Agreement, the provision of the Services, and the relationship
between you and Jade Brush Painting 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. 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.- Arbitration
ou agree that all disputes, claims, or issues arising 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 pursuant to 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 agree that the Dispute will be resolved by one arbitrator (the “Arbitrator”)
qualified by education and training to decide the Dispute, and will take place
in Surrey, British Columbia. If the Parties cannot agree on the Arbitrator, the
Arbitrator will be appointed by the BCICAC. You waive your right to file,
proceed, or otherwise resolve the Dispute by way of an action, hearing,
application, or trial (by a judge or by a jury) in the courts of British
Columbia, or any other court having competent jurisdiction. You agree that the
Arbitrator’s decision in respect of the Dispute will be final and binding on
you and Jade Brush Painting.- Delays
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.- Agency
For the purposes of this Agreement, Jade Brush Painting has
acted as 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) with respect to
obtaining the foregoing indemnities and other covenants from the User for each
of their benefits.- Severability
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 will continue in
full force and effect. This Agreement constitutes the entire agreement between
you and Jade Brush Painting with respect to the subject matter of this
Agreement, and it supersedes all prior or contemporaneous communications,
whether electronic, oral or written, between you and Jade Brush Painting with
respect to the the subject matter of this Agreement.- Enurement
The Terms of this Agreement shall enure to the benefit of
and shall be binding up the User and Jade Brush Painting and each of their
respective heirs, executors, administrators, personal representatives, and
successors. - The