IMPORTANT! YOUR ACCESS TO THIS APP IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS APP 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 APP.
By using this App, 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, state, territory or country in which you reside, do not access or use the App unless your parent or guardian enters into this Agreement on your behalf and consents to your access to and use of the App.
If you are using the App 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 CNI in accordance with this Agreement. For greater certainty, in the event that you are providing certain cleaning services as a “Contractor” to CNI, 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 App 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 CNI, pursuant to the ICA who are authorized to use this App 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 CNI who are authorized to use this App and its contents only for the purpose of placing, coordinating, and scheduling orders for certain residential cleaning services to be provided by CNI, or its approved subcontractors, and viewing information with respect thereof, in accordance with the Retail Customer Terms and Conditions (accessible from the App).
You hereby consent to the exchange of information and documents between you and CNI or an agent of CNI electronically over the Internet, by e-mail, or by another electronic or hardcopy means.
You agree that this electronic Agreement shall be the equivalent of a written paper agreement between you and CNI.
The App may have various screens, pages, sections and functions. It is important to note that some of CNI’s App screens, pages, sections and functions, or the App as a whole, can only be provided if CNI receives appropriate and required inputs, information and actions by you. Consequently, should you choose not to provide CNI with the required inputs, information and/or actions, CNI may be unable to offer the App, or some screens, pages, sections and functions of the App to you, and you acknowledge that appropriate and accurate input, information, and actions are a necessary condition to the use of the App. In the event that you are accessing the App 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 App to be provided to other users of the App, as required for the function of the App.
Ownership of this App and its Content: This App, including all software code, its content and designs of the App, is protected under applicable intellectual property and other laws, including without limitation the laws of Canada and other countries (“Content”). For clarity, Content further includes any information you submit to the App or to CNI through the App including, but not limited to, any Submissions and any messages submitted through any section of the App. All Content and intellectual property rights therein are the property of CNI, unless otherwise agreed in a prior written agreement with CNI. You do not acquire ownership rights to any Content, whether viewed or otherwise accessed, through this App. 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 CNI’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 App 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 App 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 App 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 App contains trademarks, service marks, trade dress, designs, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by CNI 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.
You certify, represent and warrant that when using the App 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 CNI providing information other than personal information, relating to you and your use of the App to facilitate the function of the App and to allow users to utilize the App, 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 CNI through this App and all intellectual property rights therein (“Submissions”) shall be the property of CNI. You hereby irrevocably transfer, assign and convey to CNI 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. CNI 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 CNI in writing in advance of your communication of such Submissions to CNI; or (ii) required by law.
CNI will not be liable for any similarities of your Submissions to any future business operations of CNI. Without limitation, CNI 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 CNI 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 CNI, 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 CNI.;
Use this App in any manner that could disable, overburden, damage or impair the App or interfere with any other party’s use of the App including their ability to engage in real time activities through the App;
Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the App for any purpose including monitoring or copying any of the material on the App;
Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without the prior written consent of CNI;
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 App is hosted;
Attack the App via a denial-of-service attack or a distributed denial-of-service attack;
Attempt to interfere with the proper working of the App;
Use the App to fraudulently misrepresent yourself;
Distribute the Content of the App 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 CNI or its licensors or allow any third-party to access the Content; and
Use the App 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: CNI 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 CNI 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.
CNI ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS APP. THE CONTENT ON THIS APP MAY BE CHANGED WITHOUT NOTICE TO YOU. CNI IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. CNI DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE APP. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Data Protection: In the event that you are accessing or using this App 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 CNI, 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 CNI, will destroy or return to CNI 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 CNI 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 APP OR ON THE INTERNET, OR SUBMISSIONS TO THIS APP OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL OR SECURE. THE USE OF THIS APP AND THE CONTENT IS AT YOUR OWN RISK AND CNI ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE APP 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 APP AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS APP OR MADE AVAILABLE THROUGH THIS APP 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. CNI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR OMISSIONS OR INCOMPLETE INFORMATION IN THE CONTENT.
Limitation of Liability: IN NO EVENT WILL CNI, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY CNI, THIRD PARTY PROVIDERS OF THE APP, THIRD PARTIES THAT ASSIST CNI, OR THEIR RESPECTIVE DIRECTORS, 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 CNI OR ANY OF ITS LAWFUL AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL CNI, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY CNI, THIRD PARTY PROVIDERS OF THE APP, THIRD PARTIES THAT ASSIST CNI, OR THEIR RESPECTIVE DIRECTORS, 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 CNI); SUBMISSIONS OR OTHER INPUT YOU SUBMIT TO THIS APP; 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 APP OR THE CONTENT; ANY OTHER WEBSITE OR WEBPAGE ACCESSED TO OR FROM THIS APP; OR EVENTS BEYOND THE REASONABLE CONTROL OF CNI, EVEN IF CNI OR ANY OF ITS LAWFUL AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL CNI’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, THIRD PARTIES’ (ENGAGED BY CNI), THIRD PARTY PROVIDERS OF THE APP, THIRD PARTIES’ (THAT ASSIST CNI), 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 APP, 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 APP WITH RESPECT TO THE SERVICES PROVIDED BY THE CONTRACTOR AND ITS EMPLOYEES UNDER THE ICA, AND AGREE THAT IN NO EVENT WILL CNI, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY CNI, THIRD PARTY PROVIDERS OF THE APP, THIRD PARTIES THAT ASSIST CNI, 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 APP.
You agree that third party providers of the App may have the right to enforce a claim against you relating to the App.
Indemnity: You agree at all times to indemnify, defend and hold harmless CNI, its agents, suppliers, affiliates, third parties engaged by CNI, third parties that assist CNI, and their respective directors 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 CNI directly or indirectly in respect of:
(i) any information, Submissions, or any other Content you provide on or through this App or which is sent to CNI 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 App.
Links to Third-Party Sites: This App may contain links to third party websites or webpages. CNI 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 webpages, CNI is in no way acting as a publisher or disseminator of the material contained on those websites or webpages and does not seek to monitor or control such websites or webpages. A link to website or webpage should not be construed to mean that CNI is affiliated or associated with same. CNI 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 App 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 App (or any portion thereof) and/or the information, materials, forms, or other Content, products of CNI, and other products and/or services available through this App (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 App.
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 CNI 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: CNI reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this App. You are responsible for periodically reviewing the amendments on this App 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 App. Access to this App or use of this App 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 CNI unless executed by CNI in writing.
Termination. This Agreement is effective until terminated by CNI, with or without cause, in CNI’s sole and unfettered discretion. CNI 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 App 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 App, upon the termination or expiry of the ICA to which you, or your employer, are a party to. Any such termination by CNI shall be in addition to and without prejudice to such rights and remedies as may be available to CNI, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to CNI, your assignment to CNI, 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 un-enforceability 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 Alberta, Canada without regard to its conflicts of law provisions and shall be treated in all respects as an Alberta 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 Alberta, 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 CNI related to this App, the Content, the Services, products of CNI, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against CNI, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
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 App, constitute the entire agreements between you and CNI with respect to the use of this App and the Content.
Enurement: This Agreement shall inure to the benefit of and be binding upon each of CNI and you, and CNI’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 App or this Agreement, please contact CNI at the following email address: firstname.lastname@example.org