Terms & Conditions
Whitetower Services Terms & Conditions of Use and Sale
Whitetower Services a division of The Whitetower Trading Corporation
Terms and Conditions of Use and Sale
Effective as of October 29,2019
(Collectively, the "Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY, BY USING 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 THE WHITETOWER TRADING CORPORATION.
1) The following terms and conditions of this Agreement, as amended from time to time in accordance with this Agreement (the Terms & Conditions) is a legal agreement between you and " The Whitetower Trading Corporation" (referred to as "Whitetower", "our" "us") which governs your use and purchase, if any, of Whitetower's products and services, including without limitation, the website, application for mobile devices, and property 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 The Whitetower Trading Corporation "Whitetower" (referred to as "the Client" or "you").
3) Whitetower 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 Whitetower. You are responsible for reviewing this Agreement. Continued use of the Services after any such changes shall constitute you 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 and Products.
4) By using the Services, you agree to hold Whitetower and its parent, subsidiary, and related corporations, and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors), are not responsible for and 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
You may use the Services only if you have the capacity to form a binding contract with Whitetower, 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 no 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 Whitetower, including those previously removed from the Service by Whitetower.
6) User's Obligations to Protect Values
You (the Client) agree to take and accept all responsibilities related to the protection of your property, your personal property, your personal safety, and the safety of those who reside at or has access to your Property. You agree to always take and exercise all reasonable and necessary precautions when dealing with the Service providers, as if the Service Providers are strangers with whom you are interacting with.
Whitetower to the extent permitted by applicable law 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. Whitetower assumes no liability or responsibility for any errors, mistakes or inaccuracies of content in the provision of the Services, personal injury or property damage, of any nature whatsoever, resulting from our services, any alleged or actual loss or damage to property, resulting from the performance of the cleaning Services. You accept responsibility for the security of and for removing access to your to valuables in your Property. If you fail to comply with your obligations under this Agreement, Whitetower, at its sole discretion, may terminate modify the provision of the Services to you. Under no circumstances will Whitetower 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.
If you choose to make a reservation for the Services, then you must verify the location of the Residence to be cleaned while submitting a cleaning reservation and you have the authority to make such reservations for the Residence to be cleaned. In the event you write the wrong address while submitting a cleaning reservation and service provides have arrived to the address given it will be considered a Lock out and fees already paid for the Lock out appointment are forfeited.
7) Lock Outs
The Client will book with The Whitetower Trading Corporation (“Whitetower”) for cleaning services through the Whitetower website. You will reserve the start time and provide access to the premises at that time. In the event that Service Providers are not able to access your property 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 "lock out". Locks out cannot be rescheduled and all fees already paid for the locked-out appointment are forfeited.
The client is responsible for providing access to parking for our staff / Service Providers during their business. The Client is responsible for ensuring that free parking is readily available for the Whitetower 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 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.
9) Billing Policies
You irrevocably authorize Whitetower to bill your credit card at the time of booking for the full amount of the Services reserved by you. If you elect to purchase cleaning Services on or through our Whitetower (through online Services, mobile Services or through a Whitetower representative), you agree to pay the amount presented on the billing screen or the amount quoted by a Whitetower representative, whichever the case may be. Whitetower may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time at its sole discretion. Whitetower 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 Whitetower.
10) Cancellation Policy
Booking cannot be cancelled or transferred. In the event that you decide to cancel your service appointment(s) you will forfeit any fees already charged to you. Payment is due at the time of reservations and is not refundable. Once a cleaning is booked and your credit card has been charged, you will not be entitled to a refund for any reason whatsoever but may be rescheduled if at least forty eight (48) hours notice is given by emailing us at: email@example.com Reserved/paid time may also be split between different days or different locations within (Toronto and the GTA) but each shall not be less than five ( 5 ) hours.
You irrevocably authorize Whitetower to bill your credit card at the time of booking for the full amount of the Services reserved by you.
11) No Refunds
All payments are non-refundable. Once a cleaning is booked and your credit card has been charged, you will not be entitled to refund for any reason whatsoever. In keeping consistent with our no-refund policy, we allow our customers to reschedule their service according to their needs. If you need to reschedule your cleaning service, we'll need at least 48 hours advance notice prior to when your current booking is scheduled to take place. To reschedule your service please email us at firstname.lastname@example.org
12) Service Quality Claims
Whitetower will endeavour to ensure that the Services will be provided in a professional and satisfactory manner. Whitetower provides a detailed "Hourly Cleaning Guide to help you " the Client" to estimate the numbers of hours you may need to have your property cleaned and keeping expectations realistic before making your purchase. Notwithstanding the foregoing, Whitetower does not guarantee that the Services will be performed to your satisfaction or expectations, that it will meet your needs, or that it will meet any applicable industry or professional standards. If you have service quality concerns regarding the cleaning Services provided to you, you must notify us by emailing at: email@example.com within 24 hours of your last service appointment and Whitetower will send a Service Provider back to the property at the earliest opportunity to reclean only the overlooked or underserved areas at no additional cost to you. You agree that this is your only remedy in the event of a service quality dispute. If Whitetower 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 by email within the 24 hours of your service appointment and will be processed in accordance with this Agreement.
Whitetower also lists and specifies what is included and not included in each cleaning service package to help you, "the Client", choose the one that is right for you before the purchase is made. You, The Client, are responsible for: 1) reading the specifications of the cleaning package to be purchased, and 2) purchasing the cleaning service package that corresponds to the number of hours necessary to perform the cleaning job, or to the size of the property to be cleaned, based on: a) the number of items and/or spaces to be cleaned, b) the current hygienic condition of items and/or spaces to be cleaned with respect to the presence of dust (including but not limited to plaster dust resulting from construction or renovation activity), grease, paint stains or any other waste or dirt that might reasonably be expected to take a disproportionate amount of time to clean.
When you purchase a specific cleaning service package, you irrevocably agree and accept: 1) to receive the specific cleaning service you purchased, 2) that you have read and understood all the listed items that may be included in a particular service, 3) that you understand that items not listed as being potentially included in the cleaning package will not be cleaned, 4) that you have chosen to purchase the number of hours as indicated by the Hourly Cleaning Guide, or that you have purchased the package recommended by Whitetower Services, 5) in the case when you request an estimate, that you have provided Whitetower Services with full and accurate information about the size and condition of the space to be cleaned, 6) that you have read and understood the specifications, pricing and all other information given about the service, and 7) that if you, The Client, make a purchase with a number of hours, or space range, that is insufficient to finish the cleaning; or if you, The Client, fail to purchase a Post-Construction cleaning package when the space to be cleaned has white plaster dust or sawdust then you, The Client, forfeit your entire purchase with no refund or opportunity to reschedule the service.
13) Zero-Tolerance Clause
Whitetower has zero-tolerance policy in respect to abusive client behavior. Clients who act inappropriately will not be tolerated and may be subject to having their service or services forteited entirely (no refund), at Whitetower discretion. Examples of inappropriate behavior include, but are not limited to: verbally abusing a contractor/employee/cleaner/staff making or attempting to make inappropriate physical contact with a contractor/employee/cleaner/staff, engaging in inappropriate behavior within your home to the extent that the contractor/employee/cleaner/staff feels uncomfortable and forced to leave, engaging in abusive and aggressive written communication with a contractor/employee/cleaner/staff, and any other general display of inappropriate, aggressive, or abusive behavior.
Whitetower does not tolerate any kind of discrimination against the contractor/employee/cleaner/staff based on race, age, religion, political beliefs, gender or any other type of discrimination. Clients who discriminate against the contractor/employee/cleaner/staff will not be tolerated and may be subject to having their service or services forfeited (no refund) at Whitetower's discretion.
14) User's Risk
To the maximum extent permitted by applicable law, Whitetower 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.
15) 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 or merchantability, fitness for a particular purpose, workmanlike quality, non-infringement that use of the Services will yield any specific results. Without limiting the foregoing, Whitetower, 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.
16) General Limitation of Liability
To the maximum extent permitted by applicable law, Whitetower, 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 Whitetower be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services on 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 Whitetower 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. According to this Agreement , and to the maximum extent permitted by applicable law, Whitetower assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content in the provision of the Services; 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, the acts or omissions of our employees, contractors, or representatives performing Services on our behalf, any unauthorized access to or use of our secure servers and/ or any and all personal information stored therein, any delay in the services, including a delay of the Service Providers in performing cleanings, the failure of the Service Providers to perform the cleaning Services, any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile service by any third party, 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 user content or the defamatory, offensive or illegal third party or the Service Provider. Furthermore, the Services and the software may be subjected to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Whitetower is not responsible for any delays, delivery failures, or other damage resulting from such problems. In no event, shall Whitetower, 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 Whitetower for your last scheduled cleaning appointment or $100.oo CAD, whichever is greater.
17) Cleaning Products Purchases and Shipping
By making a purchase of any products through the Whitetower Services website, you unconditionally agree that all purchases are final. Whitetower Services reserves the right to refuse any and all request for refunds in any amount for any reason.
You irrevocably authorize Whitetower to bill the credit card provided at the time of purchasing for the full amount of the product (s) purchased by you. Whitetower, 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 Whitetower.
Whitetower will endeavor to ensure that the Products purchased will be provided and delivered in a professional and satisfactory manner.
By using, accessing and purchasing the Services and or products from Whitetower Services a division of The Whitetower Trading Corporation, you irrevocably accept the disclaimers and limitations of liability, except as may be prohibited by applicable law, if any. Whitetower Services offers FREE SHIPPING on all your orders! with no spending minimum, and is available only and exclusively to the following areas in Ontario:
The city of Toronto and GTA
York - East York - North York
*For any other delivery request outside the areas mentioned above, we will send the items by Canada Post to be paid by you on Delivery.
All orders will be delivered between 2 to 5 business days after the purchase is made. Whitetower is not responsible for any damage or loss after shipping the product.
Customers will receive a confirmation email stating the date and window hours for the delivery. A second email will be sent the same day of the delivery. Please note our drivers will not enter any residences or buildings for safety reasons. They will call ahead and leave your delivery at your front door or in your lobby.
Customers who purchase cleaning products from our website plus any of our Cleaning Packages will have their items delivered for free by our cleaners the same day of the service, no matter where they live.
18) Gift Cards
There is no limit to the number of gift cards that can be purchased. Gift cards are not redeemable or refundable for cash Gift cards are 100% not-refundable. Gift cards are subject to the same terms and conditions as this Agreement.
19) Irrevocable Acceptance
By using, accessing and purchasing the Services and /or products from Whitetower Services a division of The Whitetower Trading Corporation, you irrevocably accept the disclaimers and limitations of liability, except as may be prohibited by applicable law, if any.
Please contact us at firstname.lastname@example.org if you have any questions with regard to this Agreement.