These Terms of Use, in conjunction with the privacy policy available at https://HomeSpritz.ca/privacy (“Privacy Policy”) and the policies, rules, terms, and conditions set forth in, referred to and/or linked herein, all of which are included herein by reference, are, collectively, the “Agreement”.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT IN DETAIL. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 14.
This Agreement constitutes a legal agreement between you (“you” or “Platform User” or “Service Requestor”) and Home Spritz Inc. (“Home Spritz”or “us”). This agreement governs your use of our services and technology platform that facilitates co-ordination of logistics and communications between Platform Users offered through our website found at https://Home Spritz.ca, as it may be modified, relocated and/or redirected from time to time (the “Website”), and any mobile applications offered by us (the “Mobile Apps”). Our Website, Mobile Apps, services, and platform are collectively referred to as the “Home Spritz Platform”.
By accessing, using, or registering on the Home Spritz Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement in detail. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Home Spritz Platform. Home Spritz’s acceptance is expressly conditional upon your approval to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Home Spritz Platform, you represent and warrant that: (a) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (b) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
To the extent permitted and except where prohibited by applicable law, these Terms of Use include:
- Your agreement that the Home Spritz Platform is provided “as is” and without warranty.
- Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit an informal dispute resolution process for at least 45 days prior to the initiation of any claim.
- Your agreement that no claims can be adjudicated on a class basis (Section 13).
- Your agreement that the Home Spritz Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Home Spritz has no liability for any Professional Services or any acts or omissions of third parties, with the exception of Home Spritz’s Satisfaction Guarantee.
- Your agreement that Home Spritz’s Satisfaction Guarantee is limited to Payments paid by Platform Users through the Home Spritz Platform.
- Your acknowledgement of and agreement to Home Spritz’s cancellation policies and cancellation fees.
- You agree to allow Home Spritz to contact you via sms, email, and phone call or other electronic means to support the communication between Platform Users.
- Your agreement to release Home Spritz from liability based on claims relating to Professional Services and otherwise (Section 11) and your agreement to the limitation of time within which a claim can be brought.
- Your agreement to indemnify Home Spritz from claims due to your use, misuse or inability to use the Home Spritz Platform, Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Home Spritz Platform.
- Your consent to any modifications or amendments to this Agreement.
- Your consent to the collection, use, sharing, and/or transfer of your data as outlined in the Privacy Policy as updated from time to time.
1. The Home Spritz Platform is Solely a Tool for Communications, Background Checks
a) The Home Spritz Platform is Solely a Tool for Communications. The Home Spritz Platform is a communications platform for facilitating the connection between individuals seeking to obtain services (“Service Requester”) and/or individuals seeking to provide services (“Service Provider”). Service Requesters and Service Providers together are referred to as “Platform Users”. Those certain services requested by the Service Requesters, which are to be completed by the Service Providers, are hereinafter referred to as “Professional Services”. The provision of all Professional Services is up to the Service Providers, which may be scheduled through the use of the Home Spritz Platform. Home Spritz, through the Home Spritz Platform, provides information and a method to obtain such Professional Services, but does not — and does not intend to provide — such Professional Services itself or act in any way as a cleaning service provider, and has no responsibility or liability for any Professional Services provided to the Service Requester by Service Providers, including, but not limited to, a warranty or condition of good and workmanlike services, warranty of fitness for a particular purpose or compliance with any law, regulation, or code.
b) Background Checks. Home Spritz checks the backgrounds of Service Providers to the extent permitted by applicable law. However, each Service Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. By using the Home Spritz Platform, the Service Requester agrees to hold Home Spritz free from the responsibility for any liability or damage that might arise out of the Professional Services. Home Spritz is not responsible for the conduct, whether online or offline, of any Platform User including Service Providers, and will not be liable in any claim, injury or damage arising in connection with any Professional Services.
Personal Information; User Accounts
c) Collection of your Personal Information. Some of the content on the Home Spritz Platform may require prior registration to access. If you decide to access such content, you will be required to register. We may refuse to grant you, and you may not use, an email address, user name, or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration on the Home Spritz Platform, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, Home Spritz may, in its sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information collected, used, and disclosed hereunder will be subject to the terms of the Privacy Policy.
d) Account, Password, and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password, and account provided by you or us for accessing the Home Spritz Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Home Spritz may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Home Spritz has no control over the use of any Platform User’s account by the Platform User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at support@Home Spritz.ca. Nothing in this section shall affect Home Spritz’s rights to limit or terminate the use of the Home Spritz Platform, as provided below in Section 4(b).
e) Proof of Identity. You will provide Home Spritz with such proof of identity as may be reasonably requested from time to time.
f) Text Messages and Phone Calls. By providing your phone number and using the Home Spritz Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for phone calls, and if such phone number is a mobile number, for text (SMS) purposes, in order to assist with facilitating the requested Professional Services. Standard call or text message charges and other charges from your phone carrier may apply to calls or text (SMS) messages Home Spritz sends you. You also agree and acknowledge that Home Spritz may store records of all phone calls and/or texts (SMS) that are routed through the Home Spritz Platform.
g) Home Spritz may send you transactional emails regarding the Professional Services and other promotional opportunities that Home Spritz thinks may interest you (“Promotional Emails”). You may unsubscribe from Promotional Emails at any time by clicking “unsubscribe” in the actual email, or by visiting your Home Spritz Platform Dashboard and opting-out in your account settings, or by contacting us directly with your unsubscribe request.
2. Payments, Home Spritz Satisfaction Guarantee, Claims
a) Home Spritz Platform Users contract for Professional Services directly with other Platform Users. Home Spritz is not a party to any contracts for Professional Services. The Home Spritz Platform facilitates these contracts by supplying a channel through which Service Requesters can connect with Service Providers, schedule Professional Services, and make payments for Professional Services (“Payments”). Service Requesters do not pay for Professional Services until such time as Professional Services have been rendered by Service Provider. Home Spritz will charge the Service Requester’s credit card according to the amount the Service Requester has agreed on the Home Spritz Platform with respect to all Professional Services the Service Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with Professional Service. The Service Requester hereby authorizes Home Spritz to charge the credit card on file in the Service Requester’s Home Spritz Platform account for such amounts. Home Spritz uses third-party services to process credit card information. By accepting this Agreement, you are giving Home Spritz (or a third-party processor on Home Spritz’s behalf) permission to charge your on-file credit card, credit debit card, or other approved methods of payment for fees that you owe Home Spritz. All information that you provide in connection with a purchase or transaction or other monetary transaction or interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, credit debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Home Spritz at the prices in effect when such charges are incurred. Home Spritz retains the right, in its sole discretion, to place a hold on Service Requester’s credit card for an ordered or completed Professional Service transaction, or to verify the validity of a newly-entered credit card on the Home Spritz Platform. If the Service Requester has agreed with the Service Provider to extend or reduce the hours in or to reschedule a requested Professional Service, the Service Requester bears the responsibility for notifying Home Spritz before such time as the Professional Service is completed. Service Requesters must notify Home Spritz either by changing the date or hours of the requested Professional Service through the Home Spritz Platform or by contacting Home Spritz Support at customerservice@Home Spritz.ca. All Payments by Service Requesters must be made through the Home Spritz Platform. Any Payments paid outside of the Home Spritz Platform are not subject to our Satisfaction Guarantee in section 3(c). Except for the Home Spritz Satisfaction Guarantee in Section 3(c), and the Refund Policy in Section 3(d), no refunds or credits will be provided once the Service Requester’s card has been charged, except that at Home Spritz’s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors made by Home Spritz. While Home Spritz will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Home Spritz harmless for any damages that may result therefrom. Service Requesters will be liable for all transaction taxes on the Professional Services provided (other than taxes based on Home Spritz’s income).
b) Job Rate. The rate per hour for a Professional Service (“Job Rate”) depends on factors, such as service professional, location and frequency of service, and payment terms may increase. As such, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently.
3. Home Spritz Satisfaction Guarantee.
a) The Home Spritz Satisfaction Guarantee is available to Service Requesters and is the sole liability of Home Spritz to Service Requesters for the performance of Professional Services. If you are not satisfied with the quality of the initial Professional Service requested and paid for through the Home Spritz Platform, then Home Spritz will send another Service Provider to re-perform the Professional Service ordered at no extra charge to the Service Requester or Home Spritz will credit Service Requester’s account the equivalent of two hours worth of Professional Service, at the Job Rate of the Professional Service appointment in question.
b) The Home Spritz Satisfaction Guarantee also provides certain limited additional protections. Pursuant to the Home Spritz Satisfaction Guarantee and subject to the below conditions and limitations, Home Spritz will compensate Service Requesters:
c) The total liability of Platform Users for all claims arising out of or relating to the performance or breach of the Contract or use of any Services or any order shall not exceed the Price, or if this Contract is in the form such that Services are to occur on a reoccurring basis or are otherwise scheduled for future dates, the final Price of the particular appointment under which the specific Services giving rise to the claim are supplied or performed. For greater certainty, the Price of Services performed on past appointments or future appointments shall be excluded. The foregoing shall be the Buyer’s sole and exclusive remedy whether in contract, tort or otherwise, and Platform User shall not be liable for injuries to persons or property. In no event shall Platform User be liable for special, indirect, or consequential damages, including, without limitation, punitive damages, economic losses, loss of profits, loss of use, loss of contract, loss of revenue, business interruption, or increased cost of working, however same may be caused by the Services. PLATFORM USER’S LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE APPLICABLE GUARANTEE PERIOD. PLATFORM USER DISCLAIMS LIABILITY, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE SUFFERED BY BUYER OR THIRD PARTIES, WHETHER ARISING OUT OF ANY INDIRECT OR CONSEQUENTIAL, ECONOMIC OR INDIRECT LOSS OR DAMAGES OR OTHERWISE.
d) Home Spritz Satisfaction Guarantee – Conditions & Exclusions; Your Primary Insurance. If Service Requester carries insurance that would cover Service Requester in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), Service Requester agrees that Service Requester’s Personal Insurance is primary and the Home Spritz Satisfaction Guarantee is secondary. The Home Spritz Satisfaction Guarantee will only compensate for losses to the extent not otherwise covered by Service Requester’s Personal Insurance.
e) Coverage Under the Home Spritz Satisfaction Guarantee. A Service Requester will be covered under the Home Spritz Satisfaction Guarantee for every Professional Service, subject to the exclusions below, provided:
The Professional Service is agreed to between a Service Requester and a Service Provider through the Home Spritz Platform, performed by the Service Provider hired by the Service Requester and paid for in full through the Home Spritz Platform;
- Your Booking of Professional Service does not violate Home Spritz’s Terms of Use;
- You have reported your claim within 48 hours of the completion of the Professional Service; and
- Your Home Spritz account is in good standing with no outstanding balances owed to Home Spritz or Service Providers.
- Exclusions from the Home Spritz Satisfaction Guarantee. The Home Spritz Satisfaction Guarantee does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from negligence of a Service Requester or third party;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Service Requester or due to Service Requester recommendations;
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards and securities;
- losses as a result of theft of property in excess of CAD $5,000 or any other intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality;
- losses based on sentimental and/or undocumented intangible value;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses of theft without a valid police report, if requested by Home Spritz; and losses with insufficient documentation.
(a) How to submit a claim. First report of a claim must be made 48 hours after Professional Services have been rendered. All claims will be reviewed on a case-by-case basis. During Home Spritz’s claims assessment process, You may be required to provide written and detailed(a) proof of ownership of damaged/missing item
(b) proof of value of damaged/missing item
(c) proof of damage or loss. This may be requested in the form of photographs of the damage or loss. If such information is requested, You will have 30 days from the date of the request to send Home Spritz the requested information. If You fail to provide the requested information within the 30 day time period and/or fail to contact Home Spritz to arrange for an extension of time, You agree and acknowledge that your claim will be considered closed.
Furthermore, You also agree to:
(a) protect and preserve any damaged property that is the basis of a claim from further damage, (b) in the event damaged item is to be replaced, return original damaged item to Home Spritz, (c) assist and allow Home Spritz or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (d) accept repairs and/or remediation by a Service Provider, (e) accept a replacement only if repairs are proven not to be an option, (f) submit requested materials by the dates outlined by the Home Spritz resolutions team, and (g) accept a replacement item subject to the standard depreciation of that item.
If any part of Your claim is approved, then as a condition to any payment to You under the Home Spritz Satisfaction Guarantee, You will be required to execute and deliver to Home Spritz a release agreement and assign to Home Spritz or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.
4. Term and Termination; Cancellation of Professional Services; Survival.
a) Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b) Termination by Home Spritz. To the extent permitted by applicable law, we may terminate this Agreement or terminate or suspend your right to use the Home Spritz Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Home Spritz Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. If Home Spritz terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Home Spritz may delete the account and all the information in it. You have no ownership rights to your account.
c) Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Home Spritz Platform (provided that there are no outstanding balances owing on your Home Spritz account) and by closing any account you have open on the Home Spritz Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Home Spritz.
d) Policy for Service Cancellation by Service Requester. Home Spritz’s cancellation policy is as follows: Service Requesters may cancel their scheduled Professional Service appointments through the Home Spritz Platform at any time, subject to the following. If a Service Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Service Requester cancels between 1-24 hours before a scheduled Professional Service appointment, the Service Requester may be charged the full price of the requested service, at Home Spritz’s sole discretion. If Service Provider arrives at Service Requester’s address at the scheduled time of a Professional Service appointment and is unable to access the home for reasons outside of Service Provider’s control (a “Lockout”), the Service Requester may be charged a Lockout fee equivalent to the full cost of the service, at Home Spritz’s sole discretion. This cancellation policy applies for both one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be cancelled through the Home Spritz Platform.
e) Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Professional Service appointment, the Home Spritz Platform generally notifies the Service Requester and makes the Service Requester’s Professional Service request available for another Service Provider to select. However, Home Spritz cannot guarantee that a canceled Professional Service appointment will be selected by another Service Provider and rescheduled or that the Professional Service request will be completed. Service Providers who cancel a scheduled Professional Service appointment may incur fees as provided in their Service Provider Agreement.
f) Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 6, 8 and 10-18, shall so survive.
5. Rules for Use of the Home Spritz Platform.
a)During the term of this Agreement, Service Requesters may use the Home Spritz Platform for their personal use only (or for the use of a person, including a company or other organization that you validly represent). Service Requesters may use the Home Spritz Platform to book Professional Services solely with respect to a location where the Service Requester is legally authorized to have Professional Services performed. Service Requesters may not use the Home Spritz Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Service Requesters agree that an order of Professional Services is an offer, which is only accepted when the Service Requester receives a confirmation of the order. Service Requesters agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to supply Professional Services. Service Requesters agree to comply with our complaint and other policies designated on the Site. Service Requesters acknowledge that their selected Service Provider may be unavailable from time to time, e.g. due to illness, vacation, or leaving the Home Spritz Platform. Service Providers agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Provider Agreement. You shall not use the Home Spritz Platform to do any of the following:
b) Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer or computing device.
c) Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
d) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Platform Users.
e) Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
f) Use the Home Spritz Platform or any Professional Service for any purpose or in any manner that is in violation of local, provincial, state, national, or international law.
g) Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
h) Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Home Spritz Platform. You may not solicit, advertise for or contact in any form Platform Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Home Spritz Platform without express written permission from us.
i) Use the Home Spritz Platform to collect or harvest usernames and/or email addresses of members by electronic or other means without our express prior written consent.
j) Conduct, send or forward e-mail, sms or other electronic communications, including promotions, advertising of products or services, surveys, contests, pyramid schemes, or chain letters.
k) Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
l) Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
m) Download any file posted by another Platform User that you know, or reasonably should know, cannot be legally distributed through the Home Spritz Platform, or post or upload any content to which You have not obtained any necessary rights or permissions to use accordingly.
n) Restrict or inhibit any other Platform Users from using and enjoying the Home Spritz Platform.
o) Imply or state that any statements you make are endorsed by us, without our prior written consent.
p) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Home Spritz Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Home Spritz Platform in any manner, or attempt to do any of the foregoing.
q) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
r) Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of majority, in an abusive, violent or sexual manner.
s) Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
t) Register to use the Home Spritz Platform under different usernames or identities, after your account has been suspended or terminated.
u) Mirror or archive any part of the Home Spritz Platform or any content or material contained on the Home Spritz Platform without Home Spritz’s written permission.
v) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
w) Alter transmission data without Home Spritz’s consent.
6. Prohibition of Off-Platform Engagements and Associated Penalties
a) Prohibition: Home Spritz strictly prohibits all Platform Users and Service Requestors from engaging in any form of business transaction or service arrangement outside the Home Spritz Platform. This prohibition remains in effect for a period of 6 months following the termination or deactivation of a user’s account, or their departure from the Home Spritz Platform.
b) Penalties for Violation: Should a Platform User (either a Service Requestor and/or a Service Provider) engage in any transactions or service arrangements outside the Home Spritz Platform during their time as an active user or within 6 months of their account termination or departure, they will be subject to a fine of $1,000.00 CAD per incident per Platform User and all additional cost of the investigation. This fine enforces adherence to our policies, maintaining the integrity and security of the Home Spritz community.
c) Detection and Enforcement: Home Spritz reserves the right to investigate and enforce this policy during a user’s time on the platform and for a period of 6 months following their departure or account termination. Violations detected will be subject to the stipulated penalty.
d) Consequences of Non-Payment: Non-payment of the imposed fine may lead to additional actions, including legal proceedings.
e) Reporting Mechanism: Home Spritz encourages the reporting of any suspected violations of this clause, with confidentiality and anonymity assured.
f) Agreement to Extended Penalty Period: By using the Home Spritz Platform, users agree to this prohibition and the associated penalty, acknowledging that it applies during their time on the platform and for 6 months thereafter.
7. Employment and Withholding.
Platform Users do not have the authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of Home Spritz. You acknowledge that we do not supervise, direct, or control a Service Provider’s work or Professional Services performed in any manner. Home Spritz is not an employment service and does not service and does not serve as an employer of any Service Provider. As such, Home Spritz will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, Canada Pension Plan, or payroll withholding tax in connection with your use of Professional Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Professional Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.
8. Special Promotions; Gift Cards and Referral Credits.
a) Changes to Promotions. We may from time to time provide certain promotional opportunities to Service Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
9. Intellectual Property Rights.
The Home Spritz platform, and the information, data, content and materials, which contains (“Home Spritz Materials”), are the property of Home Spritz and/or its affiliates and licensors, excluding User-generated content, which Home Spritz has a right to use as described below. The Home Spritz Materials are protected from unauthorized copying and dissemination by Canadian and United States copyright law, trademark law, international conventions, and other intellectual property laws. Home Spritz and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Home Spritz Materials. Any use of Home Spritz Materials, other than as expressly permitted herein, is prohibited without the prior permission of Home Spritz and/or the relevant right holder. The service marks and trademarks of Home Spritz, including without limitation Home Spritz.com and the Home Spritz logo are service marks owned by Home Spritz. Any other trademarks, service marks, logos and/or trade names appearing on the Home Spritz Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Home Spritz Platform without the express prior written consent of the owner.
10. Copyright Complaints and Copyrighted agent.
Home Spritz respects the intellectual property of others, and expects Users to do the same. Home Spritz will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Home Spritz Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Home Spritz a properly submitted copyright notice as indicated below, Home Spritz will investigate, and if it determines, in its discretion, that the material is infringing, Home Spritz will remove the content and may terminate the access of the User who posted such content to the Home Spritz Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
ii) A statement specifically identifying the location of the infringing material, with enough detail that Home Spritz may find it on the Home Spritz Platform. Please note: it is not sufficient to merely provide a top level URL.
iii) The complete name, address, telephone number and e-mail address of Complainant.
iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Home Spritz’s contact information for notice of alleged copyright infringement is:
Email: customerservice@Home Spritz.ca
Or via Mail:
Attn: Home Spritz Legal, 35 Masters Green SE, Calgary, AB, T3M2T2
11. Modifications to the Home Spritz Platform.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Home Spritz Platform or any content or information on the Home Spritz Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Home Spritz Platform.
12. Confidentiality.
The term “Confidential Information” shall mean any and all of Home Spritz’s trade secrets, confidential and proprietary information, personal information and all other information and data of Home Spritz that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Home Spritz Platform contains secured components that are accessible only to those who have been granted a user name and password by Home Spritz. Information contained within the secure components of the Home Spritz Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Home Spritz and agree that you will not use Confidential Information other than as necessary for you to make use of the Home Spritz Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Home Spritz in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Home Spritz upon termination of this Agreement for any reason whatsoever.
13. Disclaimer of Warranties; Limitation on Liability.
a) The total liability of Platform Users for all claims arising out of or relating to the performance or breach of the Contract or use of any Services or any order shall not exceed the Price, or if this Contract is in the form such that Services are to occur on a reoccurring basis or are otherwise scheduled for future dates, the final Price of the particular appointment under which the specific Services giving rise to the claim are supplied or performed. For greater certainty, the Price of Services performed on past appointments or future appointments shall be excluded. The foregoing shall be the Buyer’s sole and exclusive remedy whether in contract, tort or otherwise, and Platform User shall not be liable for injuries to persons or property. In no event shall Platform User be liable for special, indirect, or consequential damages, including, without limitation, punitive damages, economic losses, loss of profits, loss of use, loss of contract, loss of revenue, business interruption, or increased cost of working, however same may be caused by the Services. PLATFORM USER’S LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE APPLICABLE GUARANTEE PERIOD. PLATFORM USER DISCLAIMS LIABILITY, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE SUFFERED BY BUYER OR THIRD PARTIES, WHETHER ARISING OUT OF ANY INDIRECT OR CONSEQUENTIAL, ECONOMIC OR INDIRECT LOSS OR DAMAGES OR OTHERWISE.
b) ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE HOME SPRITZ PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE HOME SPRITZ PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE HOME SPRITZ PLATFORM, AND SUCH SERVICE PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE HOME SPRITZ PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE HOME SPRITZ PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE HOME SPRITZ PLATFORM. YOU ACCEPT THAT, AS A CORPORATION, HOME SPRITZ HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST HOME SPRITZ’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT HOME SPRITZ’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS HOME SPRITZ. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Home Spritz, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Home Spritz Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Service Providers), and (v) Your Information and content that you submit or transmit through the Home Spritz Platform. Home Spritz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Home Spritz.
14. Mutual Arbitration Agreement.
a) Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Home Spritz, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Home Spritz may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Home Spritz. Home Spritz’s address for such notices is: customerservice@Home Spritz.ca and/or by mail to Home Spritz Inc., Attn: Home Spritz Legal, 35 Masters Green SE, Calgary, AB, T3M2T2.
b) Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Home Spritz agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator assigned from the ADR Institute of Alberta. Your arbitration fees and your share of arbitrator compensation will be governed by the ADR Institute of Alberta Rules (and, where appropriate, limited by the ADR Institute of Alberta Consumer Rules). If you are unable to pay such costs, Home Spritz will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, provincial, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
c) Excluded Disputes. You and Home Spritz agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d) WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. To the fullest extent permitted by applicable law, You and Home Spritz agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable ADR Institute of Alberta Rules or ADR Institute of Alberta Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e) Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
f) Severability. You and Home Spritz agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 14 will be given full force and effect.
15. Governing Law; Jurisdiction.
Except where required otherwise by law, this Agreement is governed and interpreted pursuant to the laws of the Province of Alberta, Canada, notwithstanding any principles of conflicts of law.
Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
16 .General Provisions.
No agency, partnership, joint venture, employer-employee or franchiser/franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Home Spritz with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Home Spritz. Home Spritz’s address for such notices is: CustomerService@HomeSpritz.ca and/or by mail to Home Spritz Inc., Attn: Home Spritz Legal, 35 Masters Green SE. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Home Spritz, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Home Spritz shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Home Spritz’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Service Providers to perform, flood, fire, explosion, acts of terrorism or accident.
17. Changes to this Agreement.
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Home Spritz Platform. Your continued use of the Home Spritz Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
18. Severability.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Contact Information.
If you have any questions regarding this Agreement, please contact us at customerservice@HomSpritz.ca or by mail at the following address:
Home Spritz Inc. Attn: Home Spritz Legal, 35 Masters Green SE, Calgary, AB, T3M2T2
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HOME SPRITZ PLATFORM IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This terms are subject to change at any time without notice and were last updates on January 9th, 2024.