Terms and Conditions

YOUR ACCESS TO OUR PLATFORM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THE PLATFORM IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MUST EXIT THE PLATFORM.

These Terms of Use (the “Agreement”) is an agreement between you (“User”) and the owners of On Our Way. (“OOW”). The effective date of this Agreement is when you accept or are deemed to accept this Agreement by use of this Platform (“Website”). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with OOW. For greater certainty, in the event that you are providing certain cleaning services as a contractor to OOW, or as an employee or agent of a person providing certain cleaning services as a contractor to OOW, this Agreement establishes terms and conditions in addition to those set out in the Independent Contractor Agreement (the “ICA”) entered into, or to be entered into, between OOW and you, or your employer, as the case may be. Where applicable, such additional terms and conditions contained in this Agreement relate to the use and access to the “On Our Way Platform”, as such use and access of the Platform is contemplated in ICA.

By using this Platform, you represent and warrant that you are over the age of 18 and are lawfully able to accept this Agreement. If you do not have the capacity to enter into a legal agreement in the province, territory or country in which you reside, do not access or use this Platform unless your parent or guardian enters into this Agreement on your behalf and consents to your access to and use of this Platform.

If you are using this Platform on behalf of any entity, you further represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify OOW in accordance with this Agreement. For greater certainty, in the event that you are providing certain cleaning services as a “Contractor” to OOW, or as an employee or agent of a “Contractor” as such term is defined under the ICA, you represent and warrant that this agreement is hereby accepted by the “Contractor” under the ICA.

This Platform is intended for use by, as the case may be, either:

independent contractors, and their certain authorized employees and agents, who shall be approved, from time to time, by OOW, pursuant to the ICA who are authorized to use this Platform and its contents only for the purposes which are consistent with use as a “Contractor”, or employee or agent of a “Contractor”, and a provider of “Services” under the ICA (as such term is defined in the ICA); or

retail customers of OOW who are authorized to use this Platform and its contents only for the purpose of placing, coordinating, and scheduling orders for certain residential cleaning services to be provided by OOW, or its approved subcontractors, and viewing information with respect thereof, in accordance with the Retail Customer Terms and Conditions (accessible from the Platform).

You hereby consent to the exchange of information and documents between you and OOW or an agent of OOW electronically over the Internet, by email, or by another electronic or hardcopy means.

OOW hereby grants you a non-exclusive, non-transferable, revocable, non-sub-licensable, right to perform, display and use the Platform on your device if you comply with all of these Terms of Use and the Privacy Policy, and such right is granted in accordance with these Terms of Use and the Privacy Policy.

You agree that this electronic Agreement shall be the equivalent of a written paper agreement between you and On our Way.

Use of the Platform: You agree that your use of this Platform will only be in accordance with these Terms of Use.

The Platform may have various screens, pages, sections and functions. It is important to note that some of OOW’s screens, pages, sections and functions, or the Platform as a whole, can only be provided if OOW receives appropriate and required inputs, information and actions by you. Consequently, should you choose not to provide OOW with the required inputs, information and/or actions, OOW may be unable to offer the Platform, or some screens, pages, sections and functions of the Platform to you, and you acknowledge that appropriate and accurate input, information, and actions are a necessary condition to the use of the Platform. In the event that you are accessing the Platform as a “Contractor”, or an employee or agent of a “Contractor”, you acknowledge that the forgoing requirements with respect to appropriate and accurate input, information, and actions are necessary conditions for the satisfaction of the obligations of the “Contractor” as contemplated in the ICA, including, without limitation, the provision of the “Services” as such terms are referred to therein.

You acknowledge, agree and provide your consent for information collected by the website to be provided to other users of the platform, as required for the function of the Platform.

Ownership of this Platform and its Content: This Platform, including all software code, its content and designs of the Platform, is protected under applicable intellectual property and other laws, including without limitation the laws of Canada(“Content”). For clarity, Content further includes any information you submit to the PLATFORM or to OOW through the PLATFORM including, but not limited to, any Submissions and any messages submitted through any section of the PLATFORM. All Content and intellectual property rights therein are the property of OOW, unless otherwise agreed in a prior written agreement with OOW. You do not acquire ownership rights to any Content, whether viewed or otherwise accessed, through this PLATFORM. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, reverse engineered, distributed, republished, downloaded, modified, sold, rented, shared, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying, photocopying, recording, or otherwise, without OOW’s express prior written permission.

You are hereby granted, subject to this Agreement, a limited, non-exclusive, non-transferable, non-sub-licensable, license to view the screens, materials, and Content (excluding any software code) on this PLATFORM and to print only a limited number of copies of such screens, materials and Content, in the event that you are accessing or using this PLATFORM as a retail user, as is reasonably needed for your own non-commercial use, and in the event that you are accessing or using this PLATFORM as a “Contractor”, or as an employee or agent of a “Contractor”, as is reasonably needed to properly satisfy your obligations under the ICA and provide the “Services” as such terms are defined under the ICA. You agree not to share the copied screens, materials and Content with any other person or entity, and to destroy such copied screens, materials and Content immediately upon the completion of the use of the screens and materials for which you made a copy of such screens, materials and Content.

This PLATFORM contains trademarks, service marks, trade dress, designs, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by OOW or by third parties. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner.

Your Consent to Our Privacy Policy: By agreeing to this Agreement, you agree to the terms of the PLATFORM’s Privacy Policy (accessible from the PLATFORM), which is expressly incorporated herein. Before using this PLATFORM, please carefully review the Privacy Policy. All information provided to us as a result of your use of this PLATFORM will be handled in accordance with the Privacy Policy. To the extent there are inconsistencies between this Agreement and the Privacy Policy, this Agreement controls.

You certify, represent and warrant that when using the PLATFORM you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, messaging, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

You further consent to OOW providing information other than personal information, relating to you and your use of the PLATFORM to facilitate the function of the PLATFORM and to allow users to utilize the PLATFORM, including, but not limited to your geographic location, birthdate, photos of you, or any other information relating to you.

Submissions: You agree that all ideas, concepts, inventions, know-how, techniques, product reviews, remarks, suggestions, comments, images, graphics or other information you communicate to OOW through this PLATFORM and all intellectual property rights therein (“Submissions”) shall be the property of OOW. You hereby irrevocably transfer, assign and convey to OOW all right, title and interest including without limitation intellectual property rights existing anywhere in the world, in and to any and all Submissions, and waive any moral rights you may have in the Submissions. OOW will not be required to treat any Submissions as confidential and shall not be subject to any obligations of confidentiality regarding any such Submissions unless: (i) specifically agreed by OOW in writing in advance of your communication of such Submissions to OOW; or (ii) required by law.

OOW will not be liable for any similarities of your Submissions to any future business operations of OOW. Without limitation, OOW will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, and you agree to sign such further documentation and undertake such activities at your expense as may be required by OOW to evidence such assignment and waivers as you have provided in this Agreement. You represent and warrant that upon submission you owned or had all rights, title and interest in and to your Submissions and had the right to assign them to OOW, and to waive all moral rights therein, and that all of your Submissions do and will comply with this Agreement.

Prohibited Uses: You agree not to do any of the following:

Download, copy, or re-transmit any or all of the Content without, or in violation of, a written license or agreement with OOW.;

Use this PLATFORM in any manner that could disable, overburden, damage or impair the PLATFORM or interfere with any other party’s use of the PLATFORM including their ability to engage in real time activities through the PLATFORM;

Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the PLATFORM for any purpose including monitoring or copying any of the material on the PLATFORM;

Use any manual process to monitor or copy any of the material on the PLATFORM or for any other unauthorized purpose without the prior written consent of OOW;

Use any device, software or routine that interferes with the proper working of the web/Internet;

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the PLATFORM is hosted;

Attack the PLATFORM via a denial-of-service attack or a distributed denial-of-service attack;

Attempt to interfere with the proper working of the PLATFORM;

Use the PLATFORM to fraudulently misrepresent yourself;

Distribute the Content of the PLATFORM for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media, or through any commercial network, cable or satellite system;

Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;

Provide as Submissions any: defamatory or mean-spirited Content, including references or commentary about religion, race, sexual orientation, gender, or other targeted groups; realistic portrayals of people or animals being killed, maimed, tortured, or abused or content that encourages violence; depictions that encourage illegal or reckless use of weapons and dangerous objections, or facilitate the purchase of firearms; sexually explicit content or overtly sexual or pornographic material; inflammatory religious commentary or inaccurate or misleading quotations of religious texts; or false information; child endangerment images; Content that contains or facilitates threats, harassment or bullying; hate speech; Content that lacks sensitivity towards or capitalizes on a natural disaster, atrocity, conflict, death or other tragic event; Content that facilitates gambling; Content that facilitates or promotes illegal activities;

Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of OOW or its licensors or allow any third-party to access the Content; and

Use the PLATFORM other than for its intended purpose.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You further represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Content: OOW will not be responsible for any damages you or any third-party may suffer as a result of the submission, transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize OOW to make, or for any errors or any changes made to any submitted, transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

OOW ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS PLATFORM. THE CONTENT ON THIS PLATFORM MAY BE CHANGED WITHOUT NOTICE TO YOU. OOW IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. OOW DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE PLATFORM. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Data Protection: In the event that you are accessing or using this PLATFORM as a “Contractor”, or as an employee or agent of a “Contractor”, as such term is defined in the ICA, you acknowledge that may have access to information which is confidential or proprietary in nature, in whatever form, which is identified as confidential or that reasonably should be understood as confidential, but not including information that is (1) generally known to the public without breach hereunder; (2) was known prior to disclosure hereunder without restriction on disclosure; (3) independently developed without breach hereunder; or (4) is rightfully received from a third party without any restriction on disclosure (“Confidential Information”). For greater certainty, Confidential Information shall include, without limiting the generality of the forgoing, any information provided by a Client of OOW, including, without limitation, any home access codes and security codes.

To the extent that you have access to any Confidential Information, you shall, and shall cause your employees, contractors, representatives, and agents (if any) to, implement and maintain industry standard data security measures appropriate to protect the Confidential Information.

Except as otherwise expressly provided in this Agreement or the ICA, you will treat all Confidential Information with the same degree of care as your accord to your own Confidential Information, but in no event less than a reasonable degree of care; and, if requested by OOW, will destroy or return to OOW all Confidential Information upon termination of the Agreement. You further agree to make any Confidential Information available only to those employees who reasonably need to know in connection with the exercise of rights or the performance of obligations under the Agreement and the ICA.

You agree to indemnify and hold OOW and its licensors harmless from any and all loss, damage, liability and costs including attorney’s fees resulting from any third-party claim or demand arising from breach of any obligations stated in this section.

Confidentiality & Security: THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THIS PLATFORM OR ON THE INTERNET, OR SUBMISSIONS TO THIS PLATFORM OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL OR SECURE. THE USE OF THIS PLATFORM AND THE CONTENT IS AT YOUR OWN RISK AND OOW ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE PLATFORM OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL INFORMATION.

Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS PLATFORM AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS PLATFORM OR MADE AVAILABLE THROUGH THIS PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. OOW ASSUMES NO RESPONSIBILITY OR LIABILITY FOR OMISSIONS OR INCOMPLETE INFORMATION IN THE CONTENT.

Limitation of Liability: IN NO EVENT WILL OOW, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY OOW, THIRD PARTY PROVIDERS OF THE PLATFORM, THIRD PARTIES THAT ASSIST OOW, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF OOW OR ANY OF ITS LAWFUL AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL OOW, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY OOW, THIRD PARTY PROVIDERS OF THE PLATFORM, THIRD PARTIES THAT ASSIST OOW, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEBSITES OR WEBPAGES; THE INTERNET BACKBONE; CLOUD ERRORS OR PROBLEMS; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES (INCLUDING OF THIRD PARTIES ENGAGED BY OR ASSISTING OOW); SUBMISSIONS OR OTHER INPUT YOU SUBMIT TO THIS PLATFORM; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS PLATFORM OR THE CONTENT; ANY OTHER WEBSITE OR WEBPAGE ACCESSED TO OR FROM THIS PLATFORM; OR EVENTS BEYOND THE REASONABLE CONTROL OF OOW, EVEN IF OOW OR ANY OF ITS LAWFUL AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL OOW’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, THIRD PARTIES’ (ENGAGED BY OOW), THIRD PARTY PROVIDERS OF THE PLATFORM, THIRD PARTIES’ (THAT ASSIST OOW), AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS PLATFORM, IN THE YEAR IN WHICH THE CLAIM AROSE.

(Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you in such jurisdictions. Our liability is limited to the fullest extent of the law.)

YOU ACKNOWLEDGE THAT THIRD PARTY REVIEWS AND RATINGS MAY BE PUBLISHED AND DISPLAYED THROUGH THE PLATFORM WITH RESPECT TO THE SERVICES PROVIDED BY THE CONTRACTOR AND ITS EMPLOYEES UNDER THE ICA, AND AGREE THAT IN NO EVENT WILL OOW, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY OOW, THIRD PARTY PROVIDERS OF THE PLATFORM, THIRD PARTIES THAT ASSIST OOW, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES, LOSSES, FEES, DISBURSEMENT, OR COSTS WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AGGRAVATED OR PUNITIVE DAMAGES, FOR ANY ACTION OR CLAIM ALLEGING OR CLAIMING DEFAMATION, LIBEL, OR DISPARAGEMENT, WHATSOEVER, RESULTING FROM OR IN CONNECTION WITH ANY SUCH REVIEWS, RATINGS, OR OTHER INFORMATION WHICH MAY, FROM TIME TO TIME BE PUBLISHED AND DISPLAYED THROUGH THE PLATFORM.

You agree that third party providers of the PLATFORM may have the right to enforce a claim against you relating to the PLATFORM.

Indemnity: You agree at all times to indemnify, defend and hold harmless OOW, its agents, suppliers, affiliates, third parties engaged by OOW, third parties that assist OOW, and their respective officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by OOW directly or indirectly in respect of:

(i) any information, Submissions, or any other Content you provide on or through this PLATFORM or which is sent to OOW by e-mail or other correspondence;

(ii) any breach of any representation and warranty provided by you herein;

(iii) any third party claims whatsoever, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Submissions or any other Content you provide on or through this Website, or any activity or omission relating to the Website by you; or

(iv) your use or misuse of the Content, Submissions, or this PLATFORM.

Links to Third-Party Sites: This PLATFORM may contain links to third party websites or web pages. OOW does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such websites or webpages, and when you access such websites or webpages, you are doing so at your own risk. In providing links to the websites or web pages, OOW is in no way acting as a publisher or disseminator of the material contained on those websites or web pages and does not seek to monitor or control such websites or webpages. A link to a website or webpage should not be construed to mean that OOW is affiliated or associated with the same. OOW DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON WEBSITES OR WEBPAGES. The mention of another party or its product or service on this PLATFORM should not be construed as an endorsement of that party or its product or service.

Modification and Discontinuation: We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this PLATFORM (or any portion thereof) and/or the information, materials, forms, or other Content, products of OOW, and other products and/or services available through this PLATFORM (or any portion thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this PLATFORM.

Waiver: Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision, any other provisions, or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by OOW of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.

Amendments: OOW reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this PLATFORM. You are responsible for periodically reviewing the amendments on this PLATFORM and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this PLATFORM. Access to this PLATFORM or use of this PLATFORM after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions of this Agreement. No supplement, modification or amendment to this Agreement shall be binding on OOW unless executed by OOW in writing.

Termination: This Agreement is effective until terminated by OOW, with or without cause, in OOW’s sole and unfettered discretion. OOW may terminate this Agreement at any time without notice to you, including, without limitation, if you fail to comply with any of its terms. In the event that you are accessing or using this PLATFORM as a “Contractor”, or as an employee or agent of a “Contractor”, as such term is defined in the ICA, this Agreement shall terminate, and you shall immediately cease your use of the PLATFORM, upon the termination or expiry of the ICA to which you, or your employer, are a party to. Any such termination by OOW shall be in addition to and without prejudice to such rights and remedies as may be available to OOW, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to OOW, your assignment to OOW, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Sever-ability: Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Governing Law, Jurisdiction and Venue: This Agreement will be governed under the laws of the Province of Ontario, Canada without regard to its conflicts of law provisions and shall be treated in all respects as an Ontario contract. Venue for all actions or proceedings arising out of or relating to this Agreement will be exclusively in provincial, superior or federal court in Ontario, Canada. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

We expressly exclude the UN Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against OOW related to this PLATFORM, the Content, the Services, products of OOW, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against OOW, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English.

Interpretation: The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Entire Agreement: This Agreement as it may be amended from time to time in accordance the relevant provisions herein, the ICA and any and all other legal notices and policies on this PLATFORM, constitute the entire agreements between you and OOW with respect to the use of this PLATFORM and the Content.

Enurement: This Agreement shall insure to the benefit of and be binding upon each of OOW and you, and OOW’s and your respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

Contact Us: If you have any questions about this PLATFORM or this Agreement, please contact OOW at the following email address:hello@onourway.ca

YOUR ACCESS TO THIS PLATFORM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.

Tipping

Although it’s not necessary to tip the cleaning crew, it’s a great way to say job well done!

Pets

We do not assume liability for the health and safety of your pets. While we are very, very mindful and careful about your pets, you are in the best position to ensure their safety and well being. Please help the cleaners by keeping the pets in a separate room or outside from the cleaning. We do not clean pet litter boxes.

Changes To Requested Services

Any changes to the Service to be provided must be agreed by On Our Way prior to the Service Time. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorized to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Cleaner. All communication has to go through our office. We ask that any be made by 5pm the day before your scheduled cleaning if possible.

Lifting and Hard To Reach Areas

We love our crews and want to watch out for their safety, so they do not use tall ladders (no more than 3 steps on a ladder) or move any heavy furniture and are only allowed to lift ~ 25kg. These types of activities put them in danger of back injury or could even damage something in your home such as scratches on your wood floors. If you would like us to clean behind appliances (such as behind or under refrigerators, ovens, sofas, or other furniture), please move it prior to the cleaning visit to allow access to the area.
Hourly House Cleaning service does not qualify for “guarantee” or Satisfaction Guarantee”. Hourly service is based solely on time purchased, and does not guarantee the number of items/areas or quality of cleaning based on the amount of time you selected. If time was not sufficient to finish the job, you are able to extend the time to meet your satisfaction standards.

PLATFORM Approval For Additional Time

We will call the phone number(s) on file to advise you if we believe your home will take longer to complete. If we are unable to reach you via phone, we will update you via the email(s) on file. If we do not hear back from you, before your allotted time expires, the cleaner will stop work and move on to their next assignment. You may call us to schedule additional service as needed for another time or another day. Please note that we will not guarantee our cleaning service if you do not provide approval for the necessary amount of time that is needed to clean your home.

Billing

A small hold will be placed on your account (for authorization) the evening PRIOR to your scheduled cleaning service. If your service is cancelled for any reason, this hold will drop off within 2-5 business days. THIS HOLD IS NOT A CHARGE. Charging is completed a few days AFTER your appointment and you will receive an invoice via email once this occurs.

Excessively Dirty Homes

If a home is excessively dirty and will not be able to be completed in a reasonable amount of time, we will call you to discuss as there may be additional time and cost necessary. If the home is in bad shape – heavy build up, broken glass, mountains of clutter, or “hoarder’s living space” – we can most likely bring it to a livable/ habitable standard. However, the end result will not be comparable with the level of cleanliness we can achieve on a standard home. Because of that, we will discuss this issue before starting the job and/or upon arrival onsite. We will photograph before and after for potential sharing and strategizing within our company on how to best approach the cleaning and for future liability claims.
Homes that are excessively dirty can, on rare occasions, be deemed unserviceable at our discretion. The service will be cancelled, and any holds / pre-authorizations will be dropped.

Things We Don’t Clean

We do not clean high levels of trash/debris (hoarding), animal waste, cleaning insects / rodents, excessive mold, bodily fluids, wipe bulbs & glass fixtures, areas not reachable with three steps on a ladder,

Customer Representations and Warranties

The Customer represents and warrants that: it will provide a safe working environment at the Premises for the Cleaner to perform the Service; the Cleaner will have unencumbered and unobstructed access to those areas of the Premises requiring the Service; it will provide the Cleaner with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Cleaner to provide the Service; it will advise On Our Way prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises; it is authorized to use the Premises and obtain the provision of Service; if the Customer requires the Cleaner to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.