TIDYB Cleaning services Terms and Conditions of Use and Sale
1000409769 ONTARIO Incorporation Terms and Conditions of Use and Sale
(Collectively, the “Agreement”)

The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you (the “Customer”) and 1000409769 ONTARIO Incorporation (referred to as “TidyB,” “our,” or “us”, the “Company”). By using or receiving any goods or services supplied to the Customer by the Company (together with the website located at www.tidyb.ca , collectively, the “Services”), and downloading, installing or using any associated software or mobile or tablet application supplied by the Company, the purpose of which is to enable the Customer to use the Service (collectively, the Software ”), the Customer hereby expressly acknowledges and agrees to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at www.tidyb.ca

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement at www.tidyb.ca. The Customer is responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute the Customer’s consent to such changes.

TidyB services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. TidyB may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use TidyB services only in partnership with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the merchant and is responsible for any and all activities.

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by TidyB policies as stated in the Agreement (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by TidyB, each of which is incorporated herein by reference and each of which may be updated by TidyB from time to time without notice to you.

Terms of service and policy apply to any users on our site or anyone making contact with the TidyB organization in any way or form.

Service Overview

TidyB is a platform through which customers schedule jobs and providers are assigned to complete the job. When a job is posted at TidyB’s discretion, we may pre-authorize a payment card. We assign a provider(s) to do the job based on their location and other criteria. Once a job has been completed TidyB collects payment from the customer and pays the provider(s). TidyB takes a commission for introducing the parties.

It is free to register with TidyB. You must be registered before you can schedule a job and we will ask you to provide certain information including your mobile number and payment card or account details. As a provider you will register with TidyB, which confirms that you can do TidyB jobs.

You understand and agree that TidyB acts as an agent and is not a party to agreements entered into between customers and providers. TidyB is not an employment agency and has no control over the conduct or suitability of customers and providers to post or complete the jobs, and that the satisfactory completion of a job is solely determined between the parties. It is a condition of use of the services that the parties acknowledge they have complete control over their own conduct and the outcome of the services, and TidyB disclaims all liability in this regard.

We will attempt to match you with service professionals near your area. We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.

Although we take steps to examine the credentials of our listed service professionals, we make no representations or guarantees regarding the skills or representations of such service professionals or the quality of their work if you elect to retain their services. TidyB may review license information provided by Service Professionals either at the request of the Service Professional or at the discretion of TidyB, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Professional is qualified to perform any given service. It is entirely up to you to evaluate a service professional’s qualifications; TidyB does not endorse or recommend the services of any particular service professional. You are responsible for entering into a direct contract or otherwise reaching an agreement with a service professional. TidyB is not an agent of the service professionals and the service professionals are not employees of TidyB. TidyB shall have no obligations or involvement if any dispute arises between you and the Service Professional. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT TIDYB IS UNDER NO OBLIGATION TO BECOME INVOLVED. Site users are responsible for taking safety measures prior to engaging into an agreement with a Service Professional. TidyB is not responsible for any safety precautions. Safety precautions include validating member’s (customer verifies pro; pro verifies customers) criminal records, certifications, credentials, etc. You are solely responsible for taking reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users.

TidyB is not responsible and does not perform any of the services requested by you in your service request. Applicable federal, provincial, and local laws govern the terms of any contracts between you and service professionals.

Any disputes between you and a professional will be resolved between you and the service professional directly. YOU HEREBY AGREE TO RELEASE ANY OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, SUCCESSORS, ATTORNEYS, EMPLOYEES, AND AGENTS OF TIDYB AND FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS. Service Professionals are not permitted to use the Site to post for employment positions that violate any federal, provincial or local laws in expressing preference or limiting employment based on race, color, religion, sex, national origin, age, handicap or other protected class. TidyB will use its best efforts to remove any known posting that violates these provisions.Customer must provide specific products they want the provider to use.

Offers, Promotions and Referrals

TidyB may make available to you offers, discounts and other promotions, including our referral programs (each a “Promotion,” collectively “Promotions”). Promotions may expire and are subject to change without notice. Promotions, including payments and rewards received as a result of any Promotion, are non transferable and cannot be combined with any other Promotion or redeemed for cash. In order to secure jobs for Service Providers using our platform, TidyB offers promotions/discounts and from time to time, the Service Provider(s) may be subject to receive payment out of the discounted rate.

Additionally, rewards such as gift cards, gift certificates and vouchers that are issued by a third-party in connection with a Promotion may be subject to additional terms and conditions imposed by such third-party issuer. TidyB does not guarantee the timing of Payments or rewards. Payments and rewards may be subject to provincial and federal taxes. Promotions are subject to additional terms and conditions. In the event of any conflict between these Terms and Conditions and the terms and conditions of any Promotion, the terms and conditions of the promotions will control.

Referral fee

$5,500 Referral fee will be charged by TidyB fee when our present or ex workers work outside of TidyB.

Use of the Services

As a User of the Services you agree to the following:

To register and create an account for your personal or business use only. You may not authorize others to use your account and you may not assign or transfer your account to any other person or entity. You may register only one account. You are responsible for keeping any registration details confidential including your password. You acknowledge that TidyB is not responsible for any third party access to your account and the consequences thereof, however caused.

The mobile apps are intended to be used in Canada only and there may be further geographical limitations for use of the Services within Canada as amended from time to time. As a Customer you may Post Jobs that are to be completed within the country stipulated only.

You are responsible and assume liability for all information and User Content that you add to the mobile apps. Details of how TidyB may use any information and content are provided in the Privacy Policy.

You assume all risks when using the Services, including, but not limited to, any risks associated with interacting with other people. You acknowledge that TidyB is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.

TidyB will assign a Posted Job to a Provider(s) who we consider best able to do the Job.

TidyB reserves the right, but is not under any obligation, to monitor information that is submitted to the mobile apps and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of this Agreement, or upon the request of a third party.

Account and Registration

In order to Post a Job or be assigned a Job that has been posted you must register and create an Account with TidyB. This is done directly with the TidyB website at www.tidyb.ca or by one of our agents by phone or in person. The accuracy of information provided and gathered by our agents is solely clients responsibilityand TidyB is not responsible for any mistakes or false information / identity.

It is possible to register with TidyB using login information with other third party social networking sites including, but not limited to Facebook. If you use Facebook or other third party social networking sites you warrant that you are entitled to disclose to TidyB your third party login information without breach of the terms and conditions of the third party site. By granting TidyB access to your third party account you acknowledge that TidyB will access certain information and may store and use this information.

When you create an Account with TidyB we ask you to provide information about yourself, including payment information. You warrant that the information you provide is true, that it relates to you and is entirely accurate. We may, at our sole discretion, take steps to validate any identification, payment or other information you provide to TidyB. We may use third party agencies to undertake this validation, and in accepting these Terms you accept TidyB may take such steps to confirm your identity and other details you provide. We may reject the creation of an Account at our absolute discretion.

When you register as a TidyB Provider we will ask you for more information, which may include ID, proof of address, social insurance number and right to work Canada. We may ask you for evidence that you hold public liability insurance. We also ask for your bank account details. It is a condition of registering with TidyB as a Provider that you hold a Canada bank account which payments from TidyB will be made.

It is a condition of the use of TidyB that you provide us with your mobile phone number.

Safety
TidyB takes reasonable steps to On-Board Providers who are experienced in the Services they provide. We check ID, proof of address and right to work and take reasonable steps to determine experience, which may include reference checking. The Parties may review each other at the end of a Job and these reviews may be available to provide assurance. TidyB does not accept liability on the suitability of the Provider(s) to do Jobs or the quality of the outcome.

Descriptions of Job

As a TidyB Customer you can create a Job. The Job will include a description, location and a price that is predetermined by TidyB. You may also upload photographs relating to the Job and in so doing you agree not to submit photographs that are likely to offend. Likewise, providers may upload photos or videos relating to the Job for quality assurance purposes.

TidyB will assign a Provider(s) to the Job and the Provider(s) will normally be available within two hours if not immediately. We provide an estimate of the arrival time at the time of posting the job; this time is indicative and may vary.

Cancellation Policy

All payments are non-­refundable.

If you need to reschedule your appointment, please provide us with at least 48 hours notice and we’ll set you up at the next best available date that works for our mutual schedules.

If you need to cancel, please let us know at least 48 hours prior to your appointment and we’ll keep a credit on file for you in the amount that you paid which you can apply toward a future appointment. Cancelling or rescheduling within 48 hours is not permitted.

Card Pre-Authorization

When a Customer Posts a Job we may pre-authorize payment of a $1 on the payment card added to the app. A Job will only be posted when the pre-authorization is successfully received. This pre-authorization will be released if the Job is canceled or at the time of final payment.

We reserve the right to take the pre-authorization amount in the event the payment for a job is not fully collected and you accept our right to do this.

Pricing
A Job is posted at a predetermined price. The price includes TidyB’s commission, which is a percentage of the price of the Job and may vary from time to time at TidyB’s sole discretion. TidyB reserves the right to change prices at any time.

Payment
When a Job is completed TidyB calculates the final amount to be paid, including applicable discounts. The Customer may release payment or TidyB may take payment.

The Customer agrees to hold sufficient funds in their account to pay the final amount as it becomes due and will not Post a Job unless they can pay for it. We may, at our sole discretion, not allow a Customer to Post a Job if we are outstanding the payment for a prior Job.

All Jobs are posted using a valid payment card and final payment is taken from the card once the Job is completed. TidyB reserves the right not to accept certain payment cards including, but not limited to, pre-payment cards.

TidyB service Providers are paid up to 14 working days after the Customer has paid for the Job, directly into a nominated bank account.

Payment Services

TidyB may use Payment Services at our complete discretion to facilitate payment card processing. TidyB will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services.

TidyB does not directly hold payment card information.

TidyB will be responsible for paying the fees charged by the Payment Services.

Disputes and Dispute Resolution

If the Customer is not satisfied that the Provider has completed the Job to the performance and/or quality the Customer may reasonably expect, the Parties may enter into a Dispute. The Parties may also enter into a Dispute if the Provider is not satisfied the Customer has correctly described the Job to be done. In the event of a Dispute the Parties hereby agree to negotiate a settlement in good faith and TidyB will act on behalf of the Provider to reach a mutually agreed settlement between the Parties, with the exception to extreme circumstances, including but not limited to claims of theft and property damage. In the cases of extreme circumstance the Provider is responsible for all settlements and liability in reaching a settlement between the parties.

If the Parties cannot reach resolution between themselves it will be escalated to TidyB and we will offer a recommendation for settlement of the Dispute. TidyB will request information to be provided by both Provider(s) and Customer and you agree to provide information that may be reasonably available to support TidyB in proposing a resolution. The Parties are under no obligation to accept any recommendation from TidyB, which is not binding.

In its decision TidyB may impose a solution on the Parties, which may include a solution for final payment. In so-doing the Parties accept that TidyB may impose such a solution. Should either Party decide to take further action beyond TidyB’s final decision, TidyB will provide information to a court or other body of competent jurisdiction and will absorb reasonable expenses in so doing. In no event will TidyB incur costs higher than the original agreed price of the Job.

TidyB reserves the right, at our sole discretion, to terminate the account of a User who it deems is entering into an excessive number of Disputes.

Loss or Damage

If the Customer suffers loss or damage to their property and attributes the loss or damage to a Provider(s), in the first instance the Parties should try to resolve between themselves, which TidyB may facilitate. TidyB will initiate a claims procedure if the loss or damage is reported to us and may take further action including reporting the matter to the police.

The absolute limit on any damage claim that we accept on behalf of the Provider(s) is $50. TidyB will require evidence for any damages to release this amount.

Recommendations and Reviews

Customers and Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Provider with who you have engaged.

TidyB reserves the right to terminate the Accounts of Users who repeatedly receive poor reviews.

Promo Codes and Vouchers

TidyB may at our discretion issue a Promo Code (or Voucher) to a Customer offering a discount from the total price of a Job. Such Promo Codes are one time usage codes, have a finite expiry date and may only be applied one code per job. If the full value of a Promocode is not used in a Job the residual unused value will be lost. A Promo Code may be withdrawn at any time at our sole discretion.

Only one promo code may be used per household.

In order for the Promocode to be applied to a Job it must be entered into the app/site before the completion of a Job. The Customer will still be required to enter a payment card when a Promocode is used in order that any payment in excess of the value of the Promo Code may be charged.

If the Customer has entered more than one Promo Code into the app the highest value unexpired code will be redeemed first, one per Job.

We may enter into agreements with third party companies where Promocodes are purchased by Customers at discounted prices. In such a case the sale agreement is between the Customer and the third party company and all issues relating to the redemption of the Promocode need to be addressed with the third party company. TidyB disclaims any liability in this regard.

When entering a Promo Code the Customer will receive a message that it has been successfully entered. At TidyB’s discretion we may or may not provide any further information about a Promo Code and we do not guarantee a Promo Code may be applied to any particular Job.

Recurring Price Structure

If you decide not to continue our recurring service after the first cleaning, you will be charged the one time cleaning price.

Cancellations policies

Because we reserve a time specifically for you, please make any schedule changes at least 48 hours before your appointment avoid any incurring fees. We appreciate your understanding.

Bookings cannot be cancelled, changed or transferred. In the event that you decide to cancel your service appointment(s) you will forfeit any fees already charged to you.

Regular services that are billed month-to-month must be canceled prior to the start of the last pre-paid service in the current billing cycle by emailing clientcare@tidyb.ca  with the cancellation request.

Right to Refuse Service

Providers have the choice to leave upon arrival if the home is in extreme condition or feel unsafe/threatened (unsafe property or without water, electricity, heat or air conditioning). If you book a cleaning online that is not reasonable, such as a cleaning up after a large party, the providers may refuse service on the spot.

TdiyB cleaners DO NOT clean infested properties (e.g., bed bugs, cockroaches, mice, etc.), pest droppings or mold. Use of ladders higher than 3 steps is prohibited for our providers. TidyB services does not include cleaning bodily fluids from a pet or a human, cleaning attics, cold rooms, the exterior of the property or garage. In addition we do not clean stove hoods / fans, Clean fireplaces and exterior windows. TidyB services does not include lifting or moving anything heavier than 20 lbs and Wall wash (spot cleaning only).

TidyB cleaners DO NOT service hoarder’s / obsessive clutter homes. TidyB Does not service clients who are disrespectful, rude, aggressive, or fail to comply with the cleaning agreement.TidyB has adopted a zero-tolerance policy in respect to abusive client behavior. TidyB is committed to creating a safe environment for all contractors, employees, agents, etc that are in the business of interacting with TidyB clients. Clients who act inappropriately will not be tolerated and may be subject to having their service or services forfeited entirely (no refund), at TidyB’s discretion. Examples of inappropriate behavior include, but are not limited to: verbally abusing a contractor/employee/agent, making or attempting to make inappropriate physical contact with a contractor/employee/agent, engaging in inappropriate behavior within your home to the extent that the contractor/employee/agent feels uncomfortable and forced to leave, engaging in abusive and aggressive written communication with a contractor/employee/agent, and any other general display of inappropriate, aggressive, or abusive behavior.

TidyB is not responsible and will not perform any cleaning tasks outside the previously agreed cleaning agreement. Changes or additions to the cleaning agreement must be done 24 hours prior to your appointment.

In any occurrence of mentioned cases in this binding, your appointment will be locked out and you will be charged for the cleaning fee.

Confirmation
Booking a service online doesn’t guarantee you a spot for that date/time. You will be contacted by email with a confirmation.

Lock Outs

In the event that the Service Providers refuse service on the spot for reasons mentioned in previous section, or if providers are not able to access your residence 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 “lockout.” Lockouts cannot be rescheduled and all fees already paid for the locked out appointment are forfeited.

Parking

The client is responsible for ensuring that free parking is readily available for the TidyB 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 all parking fees incurred by the contractor/employee/agent. The client must be available to pay 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.

NO Refunds and Re-Cleans policies

Once a cleaning is booked and your card has been charged, you will not be entitled to a refund for ANY reason whatsoever. TidyB has a strict NOREFUND policy.
Any re-cleans can be donewithin 24 hours window after the appointment was finished. If not notified within 24 hours, TidyB reserve the right to refuse any re-clean services. In that case clients have to schedule another cleaning appointment and are responsible for all the fees associated with their booking.

Price Adjustments

If the pricing calculator underestimates the price of your cleaning and the condition of your home is much worse than predicted or the Provider requires to do more than estimated time for your cleaning service, we do have permission to either adjust the price or refuse the service.

Chargebacks

Initiating a chargeback with your credit card issuing institution will result in a forfeiture of your services with TidyB.

Delays

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

Live Chat

We provide a live chat service through the TidyB platform during business hours in order to better assist our clients’ needs and questions during the online booking process. We may work with third parties to provide their web-based chat service on the TidyB platform. Please be aware that we may have access to records of the Live Chat, including transcripts of previous chats and our Live Chat Operators are also able to view keystrokes during the chat in order to provide a more efficient means of problem solving and Customer Service. Any information you share through our Live Chat service will not be shared with any third party or be used for marketing or commercial purposes. Our collection of this information is to assist our Operators with as much information as possible to better help our Customers and affiliates.

Use

You have our permission to solely electronically copy and print hard copies of pages from this web site for personal AND/OR non-commercial reasons related to placing an order or shopping with us. Unless we give you written permission in advance, any other use of this web site, its content and its information, including linking or framing to this web site, is strictly prohibited.

User Communication

TidyB is pleased to hear from users and welcomes your comments regarding our products. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with TidyB on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”).

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. TidyB does not endorse or sponsor any such User Communications submitted by you or other users of this website.

TidyB reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. TidyB will fully cooperate with any law enforcement authorities or court order requesting or directing TidyB to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Disclaimer

The materials on this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

TidyB expressly disclaims any duty to update or revise the materials on this website, although TidyB may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. TidyB shall not be liable for any damages of any kind related to your use of this website.

Indemnification

You agree to indemnify, defend, and hold harmless each of TidyB its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Advertisements and Promotions

TidyB may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TidyB, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. TidyB is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- TidyB advertisers on our Site.

Errors and Omissions

Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice to you.

Modification and Notice

You agree that TidyB may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Intellectual Property

This Site and all of its contents, including, but not limited to its text, photographs, images, illustrations, graphics, logos, formatting, audio, video, selection, arrangement and overall website design and appearance (collectively, the “Intellectual Property”) are protected by copyright, trade dress, trademark and other laws of Canada. The Intellectual Property displayed on or as a part of this Site is owned and controlled by TidyB or the party credited as the provider of the Intellectual Property. If TidyB uses the Intellectual Property of another owner it is for descriptive purposes only and this property remains the property of those respective owners. Any mention of Intellectual Property held by a third party should not be construed as an affiliation of TidyB with the third party or as an endorsement of its products or services.

All remarks, suggestions, ideas, registration information or other information communicated to TidyB through this Site (collectively, the “Information”) will forever be the property of TidyB. TidyB will not be required to treat any Information from you as confidential, will not be liable for any ideas communicated for use by TidyB (including without limitation, service or advertising ideas) and will not incur any liability as a result of any similarities between the Information and TidyB business that may appear in the future. Without limitation, TidyB will have exclusive ownership of all present and future existing rights to the Information of every kind and nature everywhere. TidyB will be entitled to use the Information for any commercial, marketing or other purpose whatsoever without compensation to you or any other person communicating the Information. Any Information that may be received at this Site is provided voluntarily by you. Certain Information about you may also be subject to TidyB’s Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not TidyB, have full responsibility for the message, including, but not limited to its legality, reliability, appropriateness, originality and copyright.

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TidyB has adopted a policy of terminating and barring, in appropriate circumstances and at TidyB’s sole discretion, site users or account holders who are deemed to be repeat infringers. TidyB may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints.

If you believe that anything on the TidyB Service infringes upon any copyright that you own or control, you may file a notification with TidyB’s Designated Agent as set forth below:

Designated Agent:

TidyB Copyright Agent

Address of Designated Agent:operation@tidyb.ca

Email Address of Designated Agent:operation@tidyb.ca

Please see 17 U.S.C. § 512(c) (3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by TidyB or the alleged infringer as the result of TidyB’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Trademarks and Service Marks

All marks and logos featured in this Web site, including, but not limited to TidyB trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of TidyB or its affiliates. All page headers or logos may not be copied, imitated, or used, in whole or in part, without the prior written permission of TidyB or its affiliates.

All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TidyB.

Links to Other Websites

This Site may contain links to other websites. TidyB assumes no responsibility for the content or functionality of any non- TidyB website to which we provide a link

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Assumption of Risk

You acknowledge and agree that there are risks associated with utilizing an Internet-based marketplace for the sale of goods, including but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account. You acknowledge and agree that TidyB will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the TidyB Service, however caused.

TidyB takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of the TidyB Service, including, but not limited to, any losses, damages or claims arising from (a) server failure or data loss, (b) forgotten passwords, or (c) “phishing,” spam, viruses, third-party attacks or any other unauthorized third-party activities.

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Ontario, Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Applicable Laws

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the TidyB Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with TidyB for the TidyB Service or for any other TidyB product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with TidyB, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

Notices

We may send you any notices by email to the address that you have provided. You will be deemed to have received a notice at the time that the email is sent. Please keep your email address information up to date.

Comments or Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at: clientcare@tidyb.ca

Terms and Conditions last updated on March 5, 2023.