Terms of Service

Terms of Use and Copyright Policy

 

CANADIAN CLEAN CORP. doing business as Toronto Steam n Clean and its affiliated companies in Canada  including but not limited to Express Home Services Inc. and Accel Restoration Services Inc. (collectively “Toronto Steam n Clean” or “We”) maintains the Content and information found and published at https://www.torontosteamnclean.ca/, www.expresspaint.ca, www.expresspaint.ca, and accelrestoration.ca and such other locations on the internet as made available from time to time by us (the “Website”) as a service to its users. Our business activities include but are not limited to providing residential and commercial upholstery cleaning, area rug cleaning, carpet cleaning and water and fire damage restoration services and commercial air duct cleaning and floor cleaning services (collectively, the “Payable Services”).  “Content” means materials that the User may view on, interact with or access through the Website including but not limited to text, software, scripts, ad scripts, graphics, photos, sounds, music, videos, audiovisual combinations, advertisements, interactive features including but not limited to live-chat support (the “Chat”), testimonials and reviews for our Payable Services (collectively, the “Testimonials”), responses to frequently asked questions (the “FAQs”) and blog articles (the “Blogs”) .

 

PLEASE READ THE TERMS AND CONDITIONS OF THIS THIS TERMS OF USE AND COPYRIGHT POLICY (THE “AGREEMENT”)  CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. If you are not willing to be bound by each and every term or condition of this Agreement, you should not use and must cease using the Website. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to this Agreement on behalf of such organization and all references to “you” throughout these terms will include such entity, jointly and severally with you personally.

 

 

  1. Acceptance of Agreement

By viewing or interacting with the Content, purchasing any of our Payable Services or using the Chat or any Website products, software, data feeds, and services provided to you on or through the Website (collectively the “Services” ) you are agreeing to comply with and be bound by this Agreement. This Agreement applies to all users of the Service, including users who browse, review information and/or obtain any media or document, directly or indirectly, from the Website (collectively the “Users”, individually the “User” or “You” or “Your”). You agree to review this Agreement prior to using the Website.

You affirm that you are either:

  • the age of majority and are fully able and competent to enter into terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement;
  • under the age of majority and have received consent to use the Website from your legal guardian; or
  • a business entity and are fully able and competent to enter into terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

 

  1. Changes to Agreement

This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the Website and you should visit this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. TORONTO STEAM N CLEAN reserves the right in its sole discretion to a) discontinue any aspect of the Service at any time; and b) edit or remove any information on the Website at any time.

 

  1. User’s rights

TORONTO STEAM N CLEAN hereby grants you, the User, permission to access the Website and use the Services as set forth in this Agreement, provided that:

  1. You agree not to transmit any bug or viruses;
  2. You agree not to alter or modify any part of the Service;
  3. You agree not to distribute in any medium, any part of the Service or Content without Toronto Steam n Clean’s prior written authorization, unless the means for such distribution are a function of the Service;
  4. You agree to comply with all applicable laws in using the Services;
  5. You agree not to use the Website for any purpose other than for the purpose of obtaining information about our Payable Services or for entering into a customer relationship with us with respect to such Payable Services (collectively, the “Purpose”); and
  6. You agree not to use the Website to conduct business other than with us nor for any illegitimate purpose.

 

  1. Termination of Services

We reserve the right to terminate your ability to purchase the Payable Services if you violate any terms of this Agreement or any other agreements between you and us.

 

  1. Copyright and Trademarks

The Website is our property. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Services and Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Website, except with written consent of Toronto Steam n Clean, is strictly prohibited. The User does not acquire ownership rights to the Website or any content or document provided with or related to the Services.

 

Users shall be prohibited from copying the Content for their own personal use other than for the Purpose and may not republish or reproduce any part of the Website in any manner whatsoever, including electronically reproducing the Website by “uploading”, “downloading” or accessing the Website on the Internet or in any other local or international computer system, without our prior written consent. An acknowledgment of the source must be included whenever any Content is authorized to be copied or published. If you require any further information on the permitted use or license to reproduce or publish any material, address your inquiry to info@torontosteamnclean.ca.

 

Any infringement of Toronto Steam n Clean’s rights will result in appropriate legal action. Toronto Steam n Clean disclaims any and all liability for any consequences which may result from the unauthorized reproduction or use of the Website whatsoever.

 

The copyright in the Website, and in the underlying source HTML files which implement the hypertext features of the Website (the “Document Set”) is owned by TORONTO STEAM N CLEAN. Any person is authorized to view, reproduce, print and distribute the Document Set and/or any portion thereof, pursuant to the following conditions:

  1. the Document Set may only be used for informational purposes;
  2. the Document Set may only be used for non-commercial purposes; and
  3. any copy of the Document Set or portion thereof must include this copyright notice.

 

The viewing or downloading of any Content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for the Services and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the Purpose.

Copyright CANADIAN CLEAN CORP. ©2020 All rights reserved.

  1. Indemnification

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TORONTO STEAM N CLEAN is not responsible for the accuracy, usefulness, safety, security, or efficacy of or relating to such content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, inappropriate, misleading, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against TORONTO STEAM N CLEAN or the Website. Users are responsible for confirming the pricing, terms and conditions, information provided and/or obtained from the Website unless it was obtained via the Chat.

 

You agree to indemnify, defend and hold us and our respective directors, officers, shareholders, partners, professional representatives, independent contractors, agents, principals, personnel, affiliates, business associates, lawyers, staff and affiliates (collectively, the “Affiliated Parties”) harmless from and against all claims of any kind which third parties ever had, now have, or may in the future have against you or the Affiliated Parties reason of any cause, whether known or unknown, arising from, connected with or in any way related to without limitation (i) any violation of this Agreement; or (ii) your use of the Website; (iii) any violation of any third party right, including without limitation any applicable mortgage laws and property or privacy right.

 

  1. Transferability

User’s right to view the Content is transferable, provided that any transferee acknowledges and understand that they will be bound by these and any successor Terms of Use and Copyright Policy.

 

  1. Disclaimers
  2. We reserve the right to modify, suspend or discontinue any aspect of the Services or edit or remove information on/from the Website at any time without notice. We are not liable to you for such changes.
  3. We reserve the discretion to limit the sales of our Payable Services to any person, geographic region or jurisdiction.
  4. The Content should not be relied upon and should not be construed as cleaning advice nor recommendations concerning the use of any cleaning method or product.
  5. FAQ and BLOG Disclaimer: The Blogs are intended to provide general information only and Toronto Steam n Clean does not endorse any products, services, methods or providers specified therein. The FAQs contain answers to some of the questions that we frequently receive. The FAQs and Blogs are not intended to be exhaustive, may not be completely accurate in every circumstance, do not constitute or purport to constitute professional advice, and are not intended to be binding, in any manner, on Toronto Steam n Clean nor to create any client relationship or duty on our part to assist you. The FAQs and Blogs do not constitute any representations nor warranties for your particular question, issue or concern and we do not take any responsibility with respect to their correctness or reliability. Any questions or concerns in relation to the FAQs should be addressed to info@torontosteamnclean.ca.
  6. Testimonial Disclaimer: We receive the Testimonials via a variety of transmission methods including but not limited to via Google and Homestars as indicated on the Website and have reviewed them prior to displaying them on the Website to ensure authenticity and to prevent against abuse. They reflect the real-life experiences of individuals who have retained and used our Payable Services. Results may vary as they are based on individual experiences. We do not claim, nor should you assume that any individual experience recounted is typical or representative of what you or any other consumer of our Payable Services might experience. The Testimonials are verbatim to that submitted, except for the correction of grammatical or typing errors. However, some Testimonials may have been edited for clarity purposes or shortened to eliminate extraneous information that is of no relevance to you. We are not responsible or liable for the content of the Testimonials. The content of the Testimonials is strictly that of the author and we do not necessarily agree with the Testimonials. The author of the Testimonials may have been compensated with free products or discounts for use of their Testimonials.
  7. Chat Disclaimer: We are not responsible nor liable to you for the availability, timeliness, security, reliability or accuracy of responses on the Chat. Use of the Chat does not by itself create any legal obligation for us to provide you with any Payable Services to you unless we confirm otherwise in writing outside of the Chat. Due to the insecure nature of communication on the Chat, we do not wish to use the medium by itself as an official means to provide quotes, book, cancel or reschedule appointments. Any appointments scheduled or modified via the Chat and any quotes provided via the Chat are not valid unless we confirm it via email.
  8. You acknowledge that the use of the Chat is also subject to the rules, policies (including privacy policies) and operating procedures of Tidio. Please ensure to review those in detail found here https://www.tidio.com/terms/ and https://www.tidio.com/privacy-policy/. IF YOU PROCEED TO USE THE CHAT WITHOUT REVIEWING THOSE IN DETAIL, YOU DO SO AT YOUR OWN RISK.
  9. Quote Disclaimer: Any quote you receive via the Chat is valid for 14 days. Such quotes are an approximation of our fees and is not guaranteed. Such estimate is based on information you provide regarding your Payable Service requirements and the actual cost may vary once the Payable Services have been provided.

 

THE CONTENT AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). TORONTO STEAM N CLEAN AND ITS AFFILIATED PARTIES (ASSUME NO LIABILITIY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR AND OUR AFFILITATES’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY DELAY, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TORONTO STEAM N CLEAN IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN  TORONTO STEAM N CLEAN AND USER. THE WEBSITE, THE SERVICES AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

  1. Third Party Services

The Website may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk. The Website may also contain access to third party merchant sites (“Merchants”) through which the Users may purchase certain goods or services. The User understands that Toronto Steam n Clean does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Toronto Steam n Clean is not a party to the transactions entered into between Users and Merchants. The User agrees that use of Merchant services is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY TORONTO STEAM N CLEAN, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS TORONTO STEAM N CLEAN LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE

WEBSITE. TORONTO STEAM N CLEAN WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SERVICES.

 

  1. Third Party Merchant Policies

 All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. Toronto Steam n Clean is not responsible for information provided by the Users to Merchants. Merchant and Toronto Steam n Clean are completely independent entities and neither party has authority to make any representations or commitments on behalf of the other.

 

  1. Privacy Policy

You acknowledge that you have read the Privacy Statement located on the Website at www.torontosteamnclean.ca/privacy-policy as it may be updated from time to time (the “Privacy Policy“), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of this Agreement.

 

  1. Media Acknowledgement and Release
  • The Client acknowledges and understands that STEAM N’ CLEAN will be taking photographs and videos of the Premises (the “Media”) for purposes of training, quality assurance, marketing and dispute resolution between the Parties (collectively, the “Purposes”).
  • The Client acknowledges that its personal property may appear in the Media and hereby grants permission to STEAM N’ CLEAN to use the Media solely for the Purposes.
  • The Client hereby forever discharges STEAM N’ CLEAN of and from claims of any kind against STEAM N’ CLEAN which the Client ever had, now have or hereafter can, shall or may have as a result of STEAM N’ CLEAN’s use of the Media for the Purposes.

 

 

  1. Miscellaneous

 This Agreement shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principles). Any cause of action of the User with respect to Toronto Steam n Clean must be instituted within two (2) years after the cause of action arose or be forever waived and barred. All actions shall further be subject to the limitations set forth herein. The liability of Toronto Steam n Clean for damages hereunder shall not in the aggregate exceed the total amount paid by you to us for the Payable Services. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Toronto, Ontario, Canada. User expressly submits to the exclusive jurisdiction of the courts of Ontario and Canada and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and if not possible, severed from this Agreement and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Toronto Steam n Clean to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.