Green Cleaning Association (“GCA”) Website Terms and Conditions of Use
THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED BY GREEN CLEANING ASSOCIATION, L.C., SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT YOU AGREE, INDIVIDUALLY AND ON BEHALF OF WHOMEVER YOU ACT, TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE PROMPTLY EXIT AND DO NOT FURTHER ACCESS THIS SITE.
BY CONTINUING TO USE THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH THE OWNER OF THIS SITE, GREEN CLEANING ASSOCIATION, L.C. (HEREINAFTER “GCA”).
SCOPE OF SERVICES
GCA provides a marketplace for environmentally conscious customers, vendors, and service providers to interact. Residential and commercial consumers are provided with the opportunity to identify and purchase green cleaning and janitorial services, equipment, and products in a friendly, easy-to-use platform. Suppliers and vendors of green-cleaning products, equipment, and related services can market their products, equipment, and services using our platform specifically designed for the green-cleaning industry.
GCA’s Site provides a marketplace (the “Cleaning Bazaar”) that helps cleaners identify customers and allows homeowners and other consumers in need of cleaning services to identify and connect with professional cleaners in their area. Cleaners hired through GCA’s Cleaning Bazaar are independent businesses and not employees or agents of GCA. GCA is not responsible for the actions or conduct of Cleaners or Customers who participate in GCA’s Cleaning Bazaar.
All use of this Site must be conducted in compliance with the terms, conditions, representations, and warranties set forth herein. Any unauthorized use of this Site in violation of these Terms and Conditions is expressly prohibited.
WEBSITE TERMS AND CONDITIONS OF USE
Restrictions on Use
(1). Copyright Notice: This website, all pages included herein, and any materials made available for download (collectively the “Site”) are the property of Green Cleaning Association (“GCA”) and/or its affiliates. The Site is subject to protections provided by U.S. federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of GCA. Your authorization to use this Site is limited to your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end-user license agreements. Any rights not expressly granted to you by these Terms and Conditions or any applicable end-user license agreements are reserved by GCA.
B. Trademark Notice
The name Green Cleaning Association, LC, and all logos, trademarks, and service marks of GCA, are the exclusive property of GCA. All other trademarks, service marks and logos used in this Site are the trademarks, service marks, or logos of their respective owners.
C. Warranty Disclaimer and Limitation on Liability
(1). Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN AND ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
GCA EXPRESSLY DISCLAIMS ANY LIABILITY FOR ACTIONS OR CONDUCT OF CUSTOMERS, CLEANERS (AS THOSE TERMS ARE DEFINED IN SECTION K), OR ANY OTHER PERSONS WHO USE GCA’S SITE. CLEANERS HIRED THROUGH GCA’S CLEANING BAZAAR ARE NOT AGENTS OR EMPLOYEES OF GCA, AND GCA IS NOT LIABLE FOR ANY ACTIONS OR CONDUCT OF CLEANERS HIRED THROUGH GCA’S CLEANING BAZAAR OR CUSTOMERS WHO HIRE CLEANERS THROUGH GCA’S CLEANING BAZAAR. BY USING THIS SITE, USERS ACKNOWLEDGE THAT
- GCA IS NOT A PARTY TO ANY AGREEMENT REACHED BETWEEN CUSTOMERS OR OTHER SITE USERS AND CLEANERS FOR PROVISION OF CLEANING SERVICES;
- GCA IS NOT RESPONSIBLE FOR THE QUALITY OF WORK PERFORMED BY ANY CLEANER HIRED ON GCA’S SITE; AND
- GCA IS NOT RESPONSIBLE FOR ANY CUSTOMER’S OR CLEANER’S CONTRACTUAL OBLIGATIONS, NEGLIGENCE, TORTIOUS CONDUCT, STATEMENTS, OR OTHER CONDUCT OR ACTIONS.
(2) Limitation on Liability. IN NO EVENT WILL GCA BE LIABLE OR RESPONSIBLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER SHALL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH YOU BASE YOUR CLAIM. IN THE EVENT YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT INCLUDED HEREIN, SITE-RELATED SERVICES, OR HYPERLINKED WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THOSE SERVICES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
(3). Site Content. Although GCA endeavours to safeguard the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or any information included herein. It is possible that the Site could include technical inaccuracies or typographical errors, or that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that you identify any inaccuracy, please inform GCA so that the inaccuracy can be corrected. Information contained on the Site may be changed or updated without notice. GCA reserves the right to make improvements and/or changes to the products and/or programs described on this site at any time without notice.
Information published by GCA on the World Wide Web may contain references or cross-references to GCA products, programs, and services that are not announced or available in your country. Such references do not imply that GCA intends to announce such products, programs or services in your country. Consult with a GCA representative for information regarding the products, programs, and services that may be available in your area.
(4). User ID. When registering for this Site, you will receive a user ID and password. You agree to keep your user ID and password secure and confidential and not to allow third parties to use your account. Any activity on your account is your responsibility until you close your account or demonstrate to GCA that your account security was compromised due to no fault of your own. GCA shall not be liable to you for any charges or other liability incurred as a result of your failure to keep your account information secure.
(5). Indemnification. You will fully indemnify, defend and hold harmless GCA for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs), fines, administrative monetary penalties or settlement costs, ("Losses") related to any third-party claims, charges, regulatory and other investigations, caused by (1) your failure to comply with these Terms and Conditions including, without limitation, your submission of any false information or any information in violation of third-party rights or applicable laws, (2) any activity on your account with this Site. You will further indemnify, defend, and hold GCA harmless from and any and all Losses arising from your breach of any warranty set forth in these Terms and Conditions.
To the extent, GCA incurs any Losses or liability resulting from any Cleaner’s, Customer’s, or other Site user’s negligent, tortious, or unlawful actions or conduct, or violation of these Terms and Conditions, the Cleaner, Customer, or Site user responsible for such Losses or liability shall be liable to GCA in the amount of the Losses or liability incurred by GCA. This provision expressly includes without limitation interactions occurring off of GCA’s Site between Cleaners hired through GCA’s Cleaning Bazaar and any Customer hiring any such Cleaner.
D. Confidential and Proprietary Information; Social Media
(2) Permissions. The contents of the pages included within this Website, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by GCA and contain Green Cleaning Association, LC’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring GCA services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. GCA does NOT grant permission to use GCA icons, site addresses, or other content to hyperlink other Internet sites with any page in this Website. GCA assumes no responsibility for any third-party site hyperlinked to this Website or for any third-party site which includes a hyperlink to this Website or any pages herein.
Any comments or materials sent to GCA by you, including feedback data (e.g., questions, comments, suggestions) regarding the content of this site, site-related services, or any hyperlinked websites (collectively “Feedback”), shall be deemed to be non-confidential. GCA shall have no obligation of any kind with respect to such Feedback and has the right to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute Feedback to third parties without limitation. Submission of any Feedback by you shall constitute your permission for any such use by GCA. GCA, at its sole discretion, shall have the right to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
GCA is not responsible for the use or misuse or misappropriation by any third party of any content or information you post in any public forum hosted on this Site.
1. Links to Our Site
If you desire to provide a hyperlink from your website to this Website, you must contact us in writing and agree to be bound by the terms of our Hyperlink License Agreement which shall be provided upon GCA’s receipt of a written request through this Website.
F. Links or Pointers to Other Sites
GCA makes no representations whatsoever about any other website which you may access through this Site. Any non-GCA website accessed through this Site is independent of GCA. GCA has no control over the content on any independent website, regardless of whether such site was accessed through this Site. Links to non-GCA websites included on this site do not constitute any endorsement or assumption of responsibility by GCA for the content or use of such a website. It is your responsibility to ensure that any non-GCA website or other content used by you is free of any malicious content such as viruses, worms, trojan horses or other items of a destructive nature.
Choice of Law; Arbitration; Venue
(1). CHOICE OF LAW. These Terms and Conditions are entered into in the State of Maryland, United States. These Terms and Conditions, and any claim or dispute relating thereto, shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules and regardless of the legal theory under which any such matter is asserted, and in accordance with United States law.
(2). BINDING ARBITRATION: IN THE EVENT OF ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PARTIES’ DEALINGS (“DISPUTE”), THE DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION AND DECIDED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The decision of the arbitrator shall be binding and may be entered into any court having jurisdiction thereof in accordance with the Federal Arbitration Act and/or applicable state law. Arbitration proceedings shall be conducted within the County of Baltimore in the State of Maryland. Institution of arbitration proceedings shall not discharge a party of any other obligations. Prior to arbitration, the parties may, at GCA’s option, attempt to negotiate a resolution of the Dispute and/or submit to non-binding mediation with an AAA-admitted mediator or otherwise. The parties shall bear their own costs and attorneys’ fees incurred in arbitration and/or mediation and shall equally share the mediator and/or arbitrator’s fees and filing fees.
(3). VENUE. To the extent any civil action is instituted related to these Terms and Conditions or any related claim or dispute, each party irrevocably consents to the exclusive jurisdiction of the state and federal courts sitting in the County of Baltimore in the State of Maryland and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
- Miscellaneous Provisions.
- Severability. If any provision of these Terms and Conditions is found to be invalid, void, or unenforceable, the remaining provisions will nonetheless continue in full force.
- Waiver. Any waiver by GCA of any provision herein shall not constitute a waiver of any other provision or waiver of the same provision at any other time.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between GCA and you pertaining to the subject matter herein and supersede all prior written or oral agreements with respect to the subject matter.
- Section Headings. The section headings in these Terms and Conditions are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of the provisions set forth herein.
- Severability. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
- Termination. GCA shall have the right to terminate your account for any reason or no reason, at any time, with or without notice. Any such cancellation shall be effective immediately or as may be specified in the notice of termination.
- No Unlawful or Prohibited Purposes
As a condition of your use of this Site, you warrant to GCA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You further warrant that you shall not use this Site in any way to (a) violate, or influence anyone else to violate, any law or regulation or these Terms and Conditions; (b) defame or libel any person or entity; (c) promote or display pornographic or obscene materials; (d) infringe upon the intellectual property rights of third parties; or (e) distribute any viruses, Trojan horses, malware, worms, time bombs or other malicious computer programming devices. You warrant that you will obtain any legally required authorizations, licenses, permissions, or other requirements related to your use of this Site.
- Product Purchase and Payment
(1) Online Store. GCA makes available for purchase certain products, equipment, and services via its online store. All transactions initiated and/or processed on this Site are made in accordance with these Terms and Conditions. By submitting an order through the online portal included within this Site, you agree to purchase any products or services selected, to pay for any such products or services purchased, and to comply with the terms, conditions, and warranties set forth in these Terms and Conditions and with any specific terms of purchase and/or use.
Upon your completion of a purchase on GCA’s online store, GCA will accept payment from you via credit card, which payment we may process through a third party. You warrant that any credit card transaction initiated by you on this Site shall be made in accordance with the terms of any applicable agreement between you and the issuing credit card company. After payment is processed, GCA will direct our vendor-partners to ship any purchased products directly to the shipping address provided by you at check-out. GCA will tender the purchase price to the vendor according to contractual terms agreed between GCA and the respective vendor.
You acknowledge and agree that, in the event GCA incurs any costs, fees, charges, expenses, damages, or other liability as a result of your submitting inaccurate or fraudulent information to GCA or incurring charges on a credit card for which you are not an authorized user, you shall be liable to GCA for any and all such costs, fees, charges, expenses, damages and/or liability incurred by GCA.
(3) Payment Information. When you purchase products on this Site, you agree that we may store your payment information and that we may use that payment information to charge the applicable fees for the products purchased and all related taxes and shipping costs (which shall be disclosed at the time of purchase). You further agree that you shall not cancel, reverse, or dispute any payment with the issuing credit card company after you have submitted a validly authorized purchase order through this Site. In the event a payment provided by you is declined by the issuing credit card company or cancelled by you, the order relating to such payment shall be cancelled and neither GCA nor its vendors shall have any obligation to provide the purchased products. If payment is rejected or cancelled by you after you have already received the purchased product(s), you shall issue a substitute payment to GCA for the full amount of the purchase price and reimburse GCA for any additional fees incurred by GCA as a result of the rejection or cancellation. In the event GCA is forced to refer any amounts owed by you for collection, you agree to reimburse GCA for all collection costs incurred in recovering the amounts owed, including a reasonable attorney’s fee.
(4) Cancellation. Submission and completion of a purchase order through this Site constitutes a waiver of any right to cancel the purchase to the fullest extent permissible under applicable law.
(5) Disputes. In the event a dispute arises as to any order placed through this Site, GCA shall act as an intermediary between the purchaser and vendor and assist the parties in reaching an amiable resolution in accordance with GCA’s policy on disputes. If a refund is requested by the purchaser and accepted, the purchaser shall return the purchased product to the vendor and receive a refund of the purchase price of the returned product. In no event shall GCA be liable to the purchaser of any products on this Site or any third party relating to any transaction initiated on this Site, except to the extent a refund for a returned purchased product is approved, in which case GCA’s liability shall not exceed the actual purchase price of the specific product subject to the dispute and return.
(6) Recommended Use. You agree that you shall only use products purchased through this Site in accordance with the uses recommended by the manufacturer of such product. In no event shall GCA incur any product liability resulting from GCA’s making any product available for purchase on this Site.
- Use of the Cleaning Marketplace.
GCA provides an online networking community and marketplace (GCA’s “Cleaning Bazaar”) through which Site users in need of cleaning services can identify and connect with professional cleaners offering cleaning services in their area. GCA’s Cleaning Bazaar likewise provides professional cleaners registered on GCA’s Site (“Cleaners”) an opportunity to connect with potential customers. Use of GCA’s Cleaning Bazaar shall be subject to this section and GCA’s Terms & Conditions of Use.
- Customer Cost. Users who hire Cleaners on GCA’s Cleaning Bazaar (“Customers”) do not pay any fee to GCA.
- Cleaner Cost. Cleaners hired by Customers through GCA’s Cleaning Bazaar shall pay to GCA an introduction fee equal to ten percent (10%) of the rate charged to the Customer by the Cleaner for the cleaning services. The 10% fee paid by Cleaners is a service fee for the privilege and convenience of using GCA’s Cleaning Bazaar and does not create any separate agreement between the Cleaner and GCA or between the Customer and GCA.
- Independent Contractors. Cleaners hired through GCA’s Cleaning Bazaar are independent contractors and are not employees or agents of GCA. Cleaners acknowledge that they are solely responsible for (i) compliance with all applicable Federal, state and local laws, codes, ordinances and regulations, (ii) acquiring any necessary workers’ compensation coverage and/or other applicable insurance (including without limitation general liability, vehicle, “lost key,” and umbrella policies), and (iii) any withholdings required under applicable state, Federal, or local law. A Cleaner’s use of GCA’s Cleaning Bazaar does not constitute a joint venture between the Cleaner and GCA. GCA is not responsible or liable for Cleaners’ actions or conduct or for damage or injury caused by Cleaners (including without limitation defects in work or materials provided by Cleaners or any damages caused by a Cleaner’s work, materials, equipment, or cleaning products). Cleaners acknowledge that GCA is not responsible or liable for the actions or conduct of Customers. GCA will not and has no obligation to indemnify or compensate Cleaners for any loss, damage, or injury caused to a Cleaner by a Customer who hired the Cleaner through GCA’s Cleaning Bazaar. A Cleaner’s participation in GCA’s Cleaning Bazaar does NOT amount to assurance or certification by GCA of the Cleaner’s qualifications, skill, or fitness for any particular task or service.
- Cleaner Registration. To participate in GCA’s Cleaning Bazaar, Cleaners must apply for registration on GCA’s Site and meet the eligibility requirements described below. Cleaners agree to provide a completed W-9 form and/or any other relevant documentation requested by GCA. GCA reserves the right, at its sole discretion, to reject or revoke registration or otherwise deny access to GCA’s Cleaning Bazaar to any Cleaner whose participation GCA believes is reasonably likely to result in harm to the property, business, reputation, or person of GCA; any employee, associate, member, or agent of GCA; or to any Customer or other user of GCA’s Site. Cleaners may withdraw their registration and cease participation in GCA’s Cleaning Bazaar at any time. GCA makes no representations whatsoever as to the amount of work (if any) Cleaners will obtain by participating in GCA’s Cleaning Bazaar. Cleaners acknowledge that GCA is not liable or otherwise responsible for any damage, destruction, or loss of equipment or other property—or any injury or illness—which a Cleaner alleges to have occurred resulting from the Cleaner’s provision of cleaning services to a Customer or participation in the Cleaning Bazaar.
- Insurance. Cleaners hired by Customers through GCA’s Cleaning Bazaar are NOT insured by GCA’s liability insurance or any other insurance policy issued to GCA. Cleaners may upload proof of insurance to GCA’s Site to allow potential Customers to verify the Cleaner’s coverage. Customers acknowledge that GCA allows Cleaners to voluntarily provide proof of insurance, but GCA does not verify—and is under no obligation to verify—that a Cleaner’s proof of insurance is valid or current. Customers acknowledge that verification of a Cleaner’s insurance coverage is the Customer’s responsibility.
- Background Checks. GCA provides Cleaners the opportunity to voluntarily submit background check confirmation to GCA’s Site. Customers acknowledge that GCA is not responsible or liable for the accuracy of any information included or omitted from a Cleaner’s background check. Customers acknowledge that verification of a Cleaner’s background check information is the Customer’s responsibility.
- Cleaner Profiles. Cleaners participating in GCA’s Cleaning Bazaar maintain a Site profile with information about the Cleaner. Customers and potential Customers may view a Cleaner’s profile to obtain information such as the Cleaner’s rates, insurance status, background check results, etc. All information provided by a Cleaner for the Cleaner’s profile must be truthful, accurate, and up-to-date. A Cleaner’s provision of false or misleading information within the Cleaner’s profile is grounds for immediate suspension from GCA’s Cleaning Bazaar—at GCA’s sole discretion.
- Reviews. (i). REVIEWS OF CLEANERS. A Customer who has hired a Cleaner through GCA’s Cleaning Bazaar has the opportunity to leave a review regarding the Customer’s experience with the Cleaner. Prior Customer reviews are visible to other potential Customers on the Cleaner’s profile. When reviewing a Cleaner, the Customer agrees that all information within the review is truthful, accurate, and not provided for any improper purpose. A Customer’s provision within a review of false, misleading, or defamatory statements (or any content requiring deletion for one or more of the reasons listed in Subsection 8(iii)) is grounds for immediate suspension from GCA’s Cleaning Bazaar—at GCA’s sole discretion.
(ii). REVIEWS OF CUSTOMERS. A Cleaner who has been hired by a Customer through GCA’s Cleaning Bazaar has the opportunity to leave a review regarding the Cleaner’s experience with the Customer. Prior reviews are available to other Cleaners. When reviewing a Customer, the Cleaner agrees that all information within the review is truthful, accurate, and not provided for any improper purpose. A Cleaner’s provision within a review of false, misleading, or defamatory statements (or any content requiring deletion for one or more of the reasons listed in Subsection 8(iii)) is grounds for immediate suspension from GCA’s Cleaning Bazaar—at GCA’s sole discretion.
(iii). REVIEW CONTENT. While GCA may periodically moderate reviews for obscene, defamatory, pornographic, violent, racist, unlawful, or otherwise inappropriate content, GCA is not responsible for Customer or Cleaner reviews or any statements therein. Cleaners and Customers acknowledge that GCA shall not incur any liability to a Cleaner or Customer arising from any review. At GCA’s sole discretion, GCA may permit Cleaners and Customers to appeal or reply to reviews that the Customer or Cleaner reasonably believes contain false, misleading, or defamatory statements or statements made for an improper purpose.
- Cleaner Eligibility. The eligibility requirements for Cleaner registration and participation in GCA’s Cleaning Bazaar are as follows:
- Cleaners must be adult residents of the United States (or entities authorized to transact business in the U.S. and that have a responsible person at least 18 years of age).
- Cleaners must have the legal capacity to enter into a valid contract.
- If a Cleaner is an entity, the responsible person acting on the Cleaner’s behalf must have actual authority to enter into contracts for the entity.
- Cleaners must maintain a physical address within the U.S.
- Cleaners must maintain a checking account with a U.S. financial institution or comparable means of making and receiving electronic payments.
- Cleaners must provide current contact information–including mailing address, telephone number, and email address. Cleaners must update any contact information that changes after it is initially provided.
- Customer Eligibility. The requirements for Customers to hire Cleaners through GCA’s Cleaning Bazaar are as follows:
- Customers must be adult residents of the United States (or entities authorized to transact business in the U.S. and that have a responsible person at least 18 years of age).
- Customers must have the legal capacity to enter into a valid contract.
- If a Customer is an entity, the responsible person acting on the Customer’s behalf must have actual authority to enter into contracts for the entity.
- The premises to be cleaned must be situated within the U.S., and Customers must be in lawful occupation of the premises.
- Customers must maintain a valid credit card for payments, and the credit card account must be in the name of the Customer.
- Customers must provide current contact information–including mailing address, telephone number, and email address. Customers must update any contact information that changes after it is initially provided.
- Customer Conduct. Customers who hire Cleaners through GCA’s Cleaning Bazaar are expected to observe the standards of courtesy and prudence customary when hiring professional service providers. Among other things, Customers must:
- Be present at the agreed time and location and provide the Cleaner with the access to the premises necessary to perform the agreed services (A Customer may be charged a “no-show fee” if a Cleaner is unable to perform contracted services due to the Customer’s failure to appear at the agreed time and location or to otherwise provide the Cleaner with necessary access to the premises);
- Provide the Cleaner with any passes or access codes necessary for the Cleaner to access the premises;
- Ensure the Cleaner has access to functional electrical outlets, water spigots, and waste-disposal receptacles while the Cleaner is present at the premises;
- Ensure that no dangerous conditions or health hazards are present in any areas in which Cleaners will be working;
- Ensure that dogs and other pets are secured and pose no risk to Cleaners;
- Store all valuable personal property in a secure location (GCA is not responsible for any property claimed to be missing or damaged. A Customer who alleges unlawful conduct to have occurred should report such conduct to the appropriate law enforcement agency.);
- Keep children away from areas in which Cleaners are working.
GCA reserves the right, at its sole discretion, to deny access to GCA’s Cleaning Bazaar to any Customer who fails to observe the above standards or whose participation GCA believes is reasonably likely to result in harm to the property, business, reputation, or person of GCA; any employee, associate, member, or agent of GCA; or to any Cleaner or other user of GCA’s Site.
- Non-Circumvention. Cleaners using GCA’s Cleaning Bazaar agree not to directly or indirectly contract with Customers or potential Customers identified through GCA’s Site through any means other than GCA’s Cleaning Bazaar. Customers and other Site users likewise agree not to directly or indirectly hire any Cleaner identified through GCA’s Site other than through GCA’s Cleaning Bazaar. A Cleaner who contracts to provide cleaning services for a customer identified on GCA’s Site outside of GCA’s Cleaning Bazaar violates these Terms and Conditions. A Site user who hires or otherwise contracts with a Cleaner identified through GCA’s Site outside of GCA’s Cleaning Bazaar violates these Terms and Conditions. Violation of this section is grounds for immediate suspension from the Site and/or revocation of a Cleaner’s or Customer’s registration. These non-circumvention provisions shall survive a Cleaner’s or Customer’s withdrawal from participation in GCA’s Cleaning Bazaar, suspension from the Site, or termination of these Terms and Conditions.
- Non-Circumvention Period. The non-circumvention provisions within these Terms and Conditions shall remain in force for a period of three (3) years beginning when a Site user and Cleaner are initially introduced or otherwise connect through GCA’s Site.
- Liquidated Damages. Cleaners, Customers, and other users of GCA’s Site acknowledge and agree that GCA shall be entitled to an award of liquidated damages in the event of a violation of these non-circumvention provisions. The liquidated damages amount shall be equal to the contract price to be paid to the Cleaner by the Customer or User over a period of one year. For example, if a Cleaner and User introduced on GCA’s Site enter into an agreement outside of GCA’s Cleaning Bazaar under which the Cleaner provides cleaning services every two weeks, the liquidated damages amount owed to GCA shall be equal to the contract rate paid by the User to the Cleaner every two weeks multiplied by twenty-six (26).
Misconduct. Customers and Cleaners acknowledge and agree that GCA has no control over and is not responsible or liable for the conduct or misconduct of Customers and Cleaners. Customers and Cleaners further acknowledge that GCA is not a law enforcement agency or other governmental body and that–if a Customer or Cleaner witnesses unlawful activity–such unlawful activity should be reported to the appropriate law enforcement agency. Customers understand that a Cleaner may refuse service to a Customer if the Cleaner observes at the premises potentially dangerous behaviour or conditions likely to lead to harm or liability. Cleaners understand that a Customer may deny Cleaner access to the premises if the Cleaner displays potentially dangerous behavior or a condition that raises a risk of harm or liability to the Customer or another person. Examples of potentially dangerous behaviour or conditions include (without limitation) criminal activity or conditions suggesting an intent to engage in criminal activity, drunkenness or other intoxication, aggressiveness or threatening words or actions and attempts to conceal or disguise an individual’s identity.