Terms and Conditions for Cleaning Services
[On behalf of Third Party Providers]
Last Updated: January 23, 2017
Terms for use by you of the cleaning services provided by Third Party Provider includes:
1. You shall be obliged to keep under lock and key valuable items (e.g. jewelry, phones, money, keys) on the date of scheduled cleaning.
2. Limitation of liability is limited to the value of the cleaning service availed.
3. “Cleaning Service” means [should be defined (people are quite demanding, so what it means to clean, what products are going to be used, should be specified, so clients cannot demand more.
4. You shall inform LLI at least two (2) days prior to scheduled cleaning of certain allergies on cleaning agents that you may have.
5. You shall inform your building administration of Third Party Provider’s scheduled entry
6. You shall inform LLI at least two (2) days prior to scheduled cleaning if there are any pets, and to keep pets secured prior to Third Party Provider’s scheduled entry.
7. Third Party Provider shall leave all lights turned off unless you give specific instructions at least two (2) days prior to scheduled cleaning.
Terms and Conditions
Last Updated: January 23, 2017
1. Contractual Relationship
2. The Services
3. Your Use of the Services
User Accounts. To use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your authority (if different than 18), to obtain an Account. Account registration requires you to submit to LLI certain personal information, such as your name, address, and mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to- date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or LLI's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password always. Unless otherwise permitted by LLI in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive cleaning services from Third Party Providers unless they are accompanied by you at the time the cleaning services by Third Party Providers occur. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause harassment, nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Text Messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt- out of receiving text (SMS) messages from LLI at any time by texting the word STOP by reply from the mobile device receiving the messages or by sending LLI an email informing LLI that you no longer wish to receive text messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. User Provided Content. LLI may, in LLI's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LLI through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to LLI, you grant LLI a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LLI's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant LLI the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor LLI's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LLI in its sole discretion, whether law may protect such material. LLI may, but shall not be obligated to, review, monitor, or remove User Content, at LLI's sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LLI does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, LLI will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider, as such Third-Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by LLI. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. LLI will respond accordingly to any request from a Third-Party Provider to modify the Charges for a service or good. All Charges are due immediately and payment will be facilitated by LLI using the payment method applicable, after which LLI will send you a preliminary receipt by email but you agree and acknowledge that the official receipt for goods provided and services rendered shall be issued by the Third-Party Provider, and you shall directly request official receipts from such Third-Party Provider. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that LLI may, as the Third-Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available. As between you and LLI, LLI reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained using the Services at any time in LLI's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase to offset costs. LLI will use reasonable efforts to inform you of Charges that may apply, if you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. LLI may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained using the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third-Party Provider at any time subject to our cancellation policy, in which case you may be charged a cancellation fee (if applicable). This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. LLI does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by LLI (on LLI's website, in the Application, or in LLI's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that LLI provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you may have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider. Repair Fees. You shall be responsible for the cost of repair for damage to Third Party Provider equipment and property resulting from use of the Services under your Account due to your negligence or fault ("Repair "). If a Third-Party Provider reports the need for Repair, and such Repair request is verified by LLI in LLI's reasonable discretion, LLI reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Third-Party Provider (which may include using your payment method designated in your Account). Such amounts will be transferred by LLI to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LLI REFUSES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LLI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED USING THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LLI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
LLI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, ABOUT, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LLI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF LLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LLI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LLI'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CLEANING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT, SHALL LLI'S TOTAL LIABILITY TO YOU ABOUT THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE VALUE YOU PAID FOR THE CLEANING SERVICE. LLI' SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CLEANING SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LLI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CLEANING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold LLI and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LLI's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 6. Other Provisions Assignment. You may not assign these Terms without LLI's prior written approval. LLI may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LLI's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, LLI or any Third-Party Provider because of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced fully under law. LLI's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LLI in writing. Governing Law and Authority. THESE TERMS SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF THE PHILIPPINES, IRRESPECTIVE OF SUCH COUNTRY’S CHOICE OF LAW PRINCIPLES. ANY ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT ONLY AND EXCLUSIVELY IN THE PROPER COURTS OF MANILA CITY, TO THE EXCLUSION OF OTHER COURTS. Notices. LLI may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).