TERMS OF USE

Effective Date: September 4, 2024

Welcome to www.simplycleanlt.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Annabelli’s Ventures LLC dba Simply Clean (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website.

  • Acceptance of this Agreement.

  • Acceptance Through Using or Accessing the Website.

Please review the following terms carefully. By accessing or using the Website (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. These terms govern your use of the Website for booking cleaning services and providing necessary information. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Website and must exit immediately.

  • Eligibility Requirements to Use or Access the Website.  

To use the Website, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Website for purposes that are competitive with the Company.

By accessing or using the Website, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Website.

  • Changes to this Agreement. 

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Website from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Website following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

  • Scope of Agreement. 

This Agreement governs your use of the Website for the purposes of booking cleaning services and providing necessary contact and payment information. Separate terms and conditions may apply to the actual cleaning services rendered. This Agreement does not cover the provision of cleaning services or any obligations related to those services.

  • Access to the Website.

  • Changes to Your Access and the Website. The Website may change from time to time as the Company evolves, refines, or adds more features to the booking platform. The Company reserves the right to modify, withdraw, or discontinue the Website, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Website not being available, in whole or in part, at any time or for any period.

  • Booking a Service. To book a cleaning service through the Website, you will be required to provide certain information about yourself. You promise to provide us with accurate, complete, and updated information for booking purposes. All information that you provide will be governed by our Privacy Policy (https://simplycleanlt.com/privacy-policy-2/). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

  • User Responsibilities. You are entirely responsible for maintaining the confidentiality of any information you use to book services, including any password if applicable. You are also entirely responsible for any and all activities associated with your use of the Website. Your use of the Website is personal to you, and you agree not to provide any other person with access to the Website or any portions of it using your personal information or booking details. You should use extra caution when accessing the Website from a public or shared computer so that others are not able to view or record your personal or payment information. You agree to notify the Company immediately of any actual or suspected unauthorized use of your booking information or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your booking information.

  • Cancellation or Restriction of Access. The Company shall have the right to restrict or terminate your access to the Website at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

  • Policy for Using the Website.

  • Permitted Uses.    

You may use the Website for lawful purposes only and in accordance with this Agreement. You agree to use the Website solely for the purpose of booking cleaning services and providing necessary information for such bookings. You may use the Website for personal, business, or commercial purposes.

  • Prohibited Activities.

You agree not to engage in any of the following prohibited activities in connection with using the Website:

  • No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.

  • No Impersonation. Impersonate others or misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others when booking services.

  • No Harming of Minors. Exploit or harm minors in any way, including obtaining personally identifiable information.

  • No Interference with Website Functionality. Use any device, software, or routine that interferes with the proper working of the Website, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Website, including servers or networks connected to the Website.

  • No Unauthorized Access or Security Violations. Attempt to gain unauthorized access to the Website or violate the security of the Website through any means, including data mining or interfering with any server, computer, database, or network connected to the Website.

  • No Viruses or Malicious Software. Upload, transmit, or distribute to or through the Website any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the Website or its functionality.

  • No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Website.

  • No Data Collection. Collect, harvest, or assemble any data or information from the Website beyond what is necessary for booking services.

  • No Other Interference. Otherwise attempt to interfere with the proper working of the Website or use it for any purpose other than booking cleaning services.

  • Geographic Restrictions.

The Company is based in the United States. The Website is for use by persons located in the United States only. By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Website or any of its content are accessible or appropriate outside of the United States. 

  • Booking Process

  • Booking Steps

The process of booking a cleaning service through the Website includes the following steps:

  • Service Selection: Choose the cleaning service you wish to book.

  • Information Provision: Provide necessary contact details and specify your cleaning requirements.

  • Payment Information: Enter payment details through our secure, third-party payment processor.

  • Review and Confirm: Carefully review the booking details and confirm your booking by clicking the relevant button on the Website, thereby accepting these Terms and agreeing to pay the specified price.

  • Booking submission

When you submit a booking, the following applies:

  • The submission of a booking creates an obligation for you to pay the price, taxes, and any additional fees as specified on the booking page.

  • You are obligated to provide accurate and complete information necessary for the cleaning service, including any specific requirements or special instructions.

  • Upon submission of the booking, you will receive a confirmation email that your booking has been received.

All notifications related to your booking will be sent to the email address you provide.

  • Pricing

During the booking process and before submission, you will be informed of all applicable fees, taxes, and costs associated with your selected cleaning service.

  • Methods of payment

Information about accepted payment methods is available during the booking process. All payments are processed through secure, third-party payment services. The Website does not collect or store your payment information, such as credit card details. We only receive confirmation once your payment has been successfully processed.

If a payment fails or is refused by the payment service provider, the Company is not obligated to provide the cleaning service. Any costs or fees resulting from failed or refused payments are your responsibility.

  • Service Confirmation

Your right to receive the booked cleaning service is only confirmed once the Company has received full payment and sent you a booking confirmation.

  • Intellectual Property Rights.

  • Ownership of Intellectual Property. 

All intellectual property rights in the Website, including its design, content, features, and functionality, are owned by the Company or its licensors. This includes copyrights, trademarks, trade secrets, and patents. Your use of the Website does not grant you any ownership rights to this intellectual property.

  • License to Use the Website. 

The Company grants you a limited, non-exclusive, and revocable license to use the Website for booking cleaning services. This license is solely for your personal use in accordance with this Agreement and terminates when you stop using the Website or if this Agreement is terminated.

  • Restrictions on Use. 

When using the Website, you agree to the following restrictions:

  • No Copying or Distribution. Do not copy, reproduce, or distribute any part of the Website content without express permission.

  • No Modifications. Do not modify, create derivative works from, or reverse engineer any part of the Website.

  • No Commercial Exploitation. Do not use the Website or its content for any commercial purpose other than booking cleaning services

  • No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.

  • No Competition. You shall not access or use the Website in order to build a similar or competitive website, product, or service.

  • No Data Mining. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

  • Trademark Notice.

All trademarks, logos, and service marks displayed on the Website are either the Company’s property or the property of third parties.  You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

  • Assumption of Risk.

The information presented on or through the Website is made available for general information purposes only and to facilitate the booking of cleaning services. The Company does not warrant the accuracy, completeness, suitability, or quality of any information on the Website. Any reliance you place on such information is strictly at your own risk.

The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Website, or by anyone who may be informed of any of its contents. This includes, but is not limited to, the availability of specific cleaning services, pricing information, and scheduling details.

The use of the Website to book cleaning services does not guarantee the quality or performance of the actual cleaning services. The Company is not responsible for any issues that may arise from the cleaning services themselves, as these are subject to separate terms and conditions.

You understand and agree that any disputes or issues related to the actual cleaning services should be addressed directly with the service provider and are not covered under these Website Terms of Use.

The Company reserves the right to change, suspend, or discontinue any aspect of the Website at any time without notice. We are not liable for any inconvenience or loss this may cause you in relation to your attempts to book services through the Website.

By using this Website, you acknowledge and accept these limitations and risks associated with booking services online

.

  • Privacy.

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (https://simplycleanlt.com/privacy-policy-2/). You agree that by using the Website you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

  • Termination.

  • Termination of Access. 

The Company may suspend or terminate your access to the Website at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access, your right to use the Website will immediately cease. The Company will not have any liability to you for any suspension or termination of your access under this Agreement, including for any impact this may have on your ability to book cleaning services.

  • Effect of Termination.

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect.  This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. The Company may delete any personal information or booking history associated with your use of the Website, in accordance with our Privacy Policy and applicable laws. You will lose access to any features of the Website that may have been available to you for booking services.

  • No Warranty.

THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.  TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

  • Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE WEBSITE OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  • Indemnification.

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Website including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

  • Disputes.

  • Governing Law.

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any conflict of law principles. 

  • Dispute Resolution.

Any action or proceeding arising out of or related to this Agreement or the Website shall be brought only in a state or federal court located in the State of TEXAS, County of TRAVIS, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in TEXAS. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.  Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  • Limitation to Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN [ONE (1) YEAR] AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

  • Miscellaneous.

  • Waiver.

Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  • Severability. 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  • Entire Agreement.

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

  • Headings.  

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only.  Such headings and titles shall not affect the meaning of any provisions of the Agreement.

  • No Agency, Partnership or Joint Venture.   

No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.

  • Assignment.

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

  • Export Laws.

The Website may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Website to either a foreign national or a foreign destination in violation of such laws or regulations.

  • Contact Information.

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content).  All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to mark@simplycleanlt.com. 

SMS Communications

By providing your phone number through the Website and opting in to receive SMS communications, you consent to receive transactional text messages from Simply Clean LT regarding appointments, booking confirmations, reminders, service updates, and related customer care communications.

Message frequency may vary. Message and data rates may apply. Reply STOP to opt out of receiving SMS messages at any time. Reply HELP for assistance.

Consent to receive SMS messages is not a condition of purchase.