Introduction

These terms of use (together with any documents referred to in them) tell you the terms on which you may make use of our website https://brightnshine.ca/ (the Site) and/or our mobile application (the App), whether as a guest or a registered user, and the connection service that we provide through them (collectively, Bright n Shine Cleaning Services), including any bookings made for any services provided.

Please read these terms of use carefully before you start to make any use of Bright n Shine Cleaning Services, as they will apply to your use of it (although please note that they will not apply to any third party services you request through Bright n Shine Cleaning Services). We recommend that you print a copy of these terms of use or save them to your computer or device for future reference.

By using Bright n Shine Cleaning Services, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use Bright n Shine Cleaning Services

Please note that these terms of use do not apply to any cleaning or other services that you request from Service Providers (as defined below).

Other applicable terms

These terms of use refer to our privacy and cookie policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using Bright n Shine Cleaning Services, you consent to such processing and you warrant that all data provided by you is accurate. For full details of our privacy policy please find them in the footer of this page.

Information about us and how to contact us

Bright n Shine Cleaning Services is a technology platform, accessed through the Site or the App, that connects users (such as you) with third party providers of cleaning services and certain other services as listed on the Site (Service Providers). It enables you to engage a Service Provider in your area for the provision of those services. If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at hello@brightnshine.ca

Disclaimer

Please note that we simply provide the platform that connects users (such as you) with Service Providers and allows them to be introduced. We do not, ourselves, provide any cleaning services or other services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to perform any services you request through Bright n Shine Cleaning Services(and, if requested by you, to provide any cleaning materials required) and you agree to comply with any terms of service that apply between you and the relevant Service Provider.

You understand that you are entering into a separate contract with the service provider under which the details of the services shall be explained, these are at the absolute discretion of the service provider and are entirely seperate from Bright n Shine Cleaning Services. It is your responsibility to ensure the service provider understands the details of this contract and any services that you wish for them to carry out. The number of cleaners attending your property, i.e. service providers may be different from that on your booking confirmation email, which is to act as a guide. If a specific number of providers is required please ensure this is detailed in your customer booking notes.

We do not employ Service Providers and, unless otherwise specified in these terms of use, we are not responsible for, and make no representations, warranties or guarantees as to, the behaviour, acts or omissions of any Service Providers you engage through Bright n Shine Cleaning Services or the quality of the services they provide. If a Service Provider you engage through Bright n Shine Cleaning Services causes any damage to your property in the course of providing services to you, responsibility for such damage will rest with the Service Provider (and not with us).

If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.

We do take reasonable measures to ensure the suitability and quality of the Service Providers, including, without limitation, conducting interviews, obtaining proof of identity and address and obtaining references. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from Bright n Shine Cleaning Services on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.

Use of your account

You are responsible for the interrogatory and security of your username and password, we grant you usage of the site and associated app in order for you to manage your services with your service provider.

We reserve the right to remove your use of these services at any time for any reason. You are responsible for all acts carried out under your username and password whether done mistakenly or fraudulently by yourself.

Pricing and payment

When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request through Bright n Shine Cleaning Services. We will store your card details for such purpose and you agree that we may undertake authorisation checks on that card (including when you use Bright n Shine Cleaning Services to request the services of a Service Provider). The amount you will pay will comprise: (i) a fee due to the Service Provider, for a regular service this will be based on the duration of the visit(s) (i.e. the number of hours worked); and (ii) a service fee due to us as stated on an invoice (which you can request through hello@brightnshine.ca) (or part thereof) worked by the Service Provider and (iii) Any additional extra services which you have selected during the booking process. We will issue you with a single receipt for the total amount paid by you in respect of each booking. A hold may be placed on your card 48 hours before the clean, please ensure there are sufficient funds in the account. This is not a charge – it is just a test to check there are sufficient funds to complete the clean. If there are not sufficient funds on the card we will contact you. You will need to provide a different card in order for the service provider to go ahead with the clean. If you are unable or refuse, this will count as a cancellation within 48 hours of the clean.

Payment will be taken on the day of the service (or later) after the service has finished. Regular services will be amended to reflect the amount of time spent at the property by the cleaners (2 hours being the minimum payment for any service).

Payment will be taken from the card supplied when the booking was made.

If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts not exceeding the maximum allowable rate under the Criminal Code of Canada (60% per annum). (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use Bright n Shine Cleaning Services

User obligations

The service provider is introduced to the user as a self-employed cleaner and the user shall retain the service provider under a “Contract for Services”, which for the avoidance of doubt shall be a separate contractual arrangement between the user and the service provider only. The user shall agree directly with the service provider the terms of that contract. The user shall agree with the service provider directly what services are to be performed by the service provider, and such services shall form the basis of the service provider obligations under the Contract for Services to be entered into. The user may change the scope and manner of the services contracted for under the terms of the Contract for Services at any time by reaching mutual agreement with the service provider.

We will select a cleaner from our database, assign them to your clean and arrange for you to interview the cleaner when they first become your regular cleaner. Your first clean forms this interview and you it is your choice whether you attend this interview or not.

At your request, we will endeavor to provide temporary cover if your cleaner is unavailable. We cannot guarantee this will be on your usual cleaning day and may require you to be present at the property to provide access to the cover cleaner. You will only pay the Agency fee for every hour of cleaning performed.

We will replace your cleaner if you ask, at any time. In this case, we will introduce you to the new cleaner when they start working for you.

We will share your information with one or more of our registered domestic cleaner who has signed a workers agreement with us (this will be your regular cleaner, temporary cover cleaner or a replacement regular cleaner)

The user shall provide a safe working environment for the service provider at all times.

Electricity and hot water need to be available at the property in order for the service provider to complete the clean. If this is not provided or available this will be taken as a late booking cancellation and the entire booking fee may be charged.

If for any reason your service provider can’t attend the clean then either they or we on their behalf will get in touch with you to arrange another date. The service provider needs to be able to gain entry to the property. If the service provider is unable to gain access to the property this will be taken as a late booking cancellation and the entire booking fee may be charged.

You will be asked to provide a suitable parking location during the booking process. If this parking spot is unavailable and the service provider cannot park, this will be taken as a cancellation and you may be charged the entire booking fee. Any costs incurred by parking will be added onto your bill. THIS SECTION ONLY APPLIES TO END OF TENANCY AND ONE OFF BOOKINGS AND DOES NOT APPLY TO REGULAR CLEANING SERVICES, IT DOES NOT TRANSFER, OMIT OR CANCEL ANY OTHER TERMS OR SECTIONS : This will form part of your contract with the service provider and not Bright n Shine Cleaning Services, Your obligations as a user are to facilitate the service provider to complete their work to the necessary standard and in a timely manner and it requires that; the property is free from trash, free from furnishings, the fridge and freezer is defrosted, there is not excessive mould, excessive lime scale, dirt, grime, faeces, blood or any other fluid which may cause the clean to take longer than anticipated, if this is the case then the service provider may ask to stay longer during the clean which may result in a further charge being applied. In any case when all of the listings above have not been met any guarantee, offer or invitation for a free re-clean will be void and not offered by the service provider.

Booking process and cancellation

All cancellations require at least 48 hour notice.

You can cancel, amend or reschedule your booking at any time up to within 48 hours of the start time of the clean.

If you wish to cancel or reschedule the booking within 48 hours of the start time you may be charged the entire value of the booking.

If you make a booking that is due to start within 48 hours, this policy still stands and you may be charged for any cancellations or rescheduling.

Service Providers

You agree to treat Service Providers courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.

By registering to use Bright n Shine Cleaning Services, you agree that all bookings between you and Service Providers will be made through Bright n Shine Cleaning Services and that you will not engage or employ any Service Provider you have previously booked through Bright n Shine Cleaning Services, or whose contact details you have received from us, to provide any Services other than through Bright n Shine Cleaning Services. If a Service Provider offers to provide Services to you other than through Bright n Shine Cleaning Services, you must refuse such offer and notify us immediately. If you accept any such offer or if you make a similar offer to a Service Provider, we will immediately withdraw your right to use Bright n Shine Cleaning Services (without any obligation to refund any fees already paid by you) and you will be required to compensate us in respect of any losses we suffer as a result up to a maximum of $1,000.

You also agree not to engage or employ any Service Provider you have previously booked through Bright n Shine Cleaning Services, or whose contact details you have received from us, to provide any Services for a period of six months after the date of termination of the legal agreement between us.

Resolving Issue

If you would like to make a complaint or provide any feedback about one of our service providers or their Services, please contact at hello@brightnshine.ca as soon as possible. We’ll then contact the Professional and try to resolve any issues on your behalf.

THIS SECTION ONLY APPLIES TO END OF TENANCY AND ONE OFF BOOKINGS AND DOES NOT APPLY TO REGULAR CLEANING SERVICES, IT DOES NOT TRANSFER, OMIT OR CANCEL ANY OTHER TERMS OR SECTIONS : All of our service providers have agreed to offer a free re clean guarantee with all end of tenancy and deep cleans, excluding those made for a fixed amount of time at the users request.

If your service provider has fallen short of the standards expected of them for this type of service they will re attend the property for free to fix any issues. In order to make use of this you will need to:

• Notify us within 48 hours of the clean finishing. This can be done at hello@brightnshine.ca
• Explain in writing what the issue is.
• You will need to include any relevant pictures to illustrate your issue or complaint.

If we deem there have been any valid issues raised we will ask the service provider to re clean the property as required free of charge. We will make attempts for them to re-attend within 7 days of the original booking date. We will offer up to three possible re-clean times. If none of these are accepted by you then the service providers offer to re clean will end.

Due to the extremely varying conditions of carpets, none of our services providers will guarantee the service of, or offer a free re-clean on any carpet cleaning that has been carried out.

Insurance

Your service provider has agreed by contract with us to take their own public liability insurance, excesses apply to this insurance policy, any claims under $500 will be unable to be processed by ourselves or your service provider. For a claim above $500, we will facilitate you contacting your service provider in order for you to begin making a claim with their insurance provider. Since the cleaners work on an independent basis (self-employed individuals),

we have no authority over them and, unfortunately, we are unable to intervene in case of non-compliance. It is up to the customer whether he/she would like to take further steps in order to assert the right to compensation from the cleaner. It is important to note that the decision on whether to settle the claim lies with the insurer, and their decision is final. The overall procedure may take some time but rest assured we will try and keep you up to date throughout the whole process.

In the unlikely event something is damaged during your clean and you wish to make a claim, you must email hello@brightnshine.ca with the information within 48 hours of the damage occurring. It is essential that you attach necessary images of the damage. Claims cannot be made over the phone as

we will require photos of any damage to allow us to make an accurate initial assessment of the claim. Any emails received after 48 hours will not be accepted.

Suspension and termination

We may at our absolute discretion and for any reason whatsoever cancel, terminate or pause your rights, access, accounts or permissions to make use of the Bright n Shine Cleaning Services platform and any of the associated service providers. If this is the case your account will be withdrawn and you will no longer be able to make new bookings with us, if you create any new accounts with us after your rights to use Bright n Shine Cleaning Services have been withdrawn then we reserve the right to cancel any cleans and charge for any cancellation fees.

If we withdraw your right to use Bright n Shine Cleaning Services:
• all rights granted to you under these terms of use shall cease;
• you must immediately cease all activities authorised by these terms of use, including your use of Bright n Shine Cleaning Services;
• you must, if applicable, immediately delete the App from all Mobile Devices; and
• you must not attempt to re-register to use Bright n Shine Cleaning Services

Events outside our control

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

Other important terms

We may transfer our rights and obligations under these terms of use to another organization, but this will not affect your rights or our obligations under these terms of use.

You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These terms of use are not intended to confer rights on anyone other than you and us.

Applicable law

These terms of use, their subject matter, and formation are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

If you are a consumer, the courts of Ontario will have non-exclusive jurisdiction over any claim arising from or related to these terms of use.

If you are a business, you and we each agree that the courts of Ontario will have exclusive jurisdiction over any claim arising from or related to these terms of use.

Nothing in the foregoing paragraph limits our right to take proceedings against you in any other court of competent jurisdiction, nor does the taking of proceedings in one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, concurrently or not, to the extent permitted by the law of such other jurisdiction.