These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Purge & Polish, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Purge & Polish,” “we,” “us” or “our”) governing your use of the Purge & Polish applications, websites, technology, and platform (collectively, the “Platform”).

 

By entering into this Agreement, and/or by using or accessing the Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE PLATFORM. 

 

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND PURGE & POLISH CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST PURGE & POLISH TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A SERVICE PROVIDER OR YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS.

 

Modification to the Agreement

Purge & Polish reserves the right to modify the terms and conditions of this Agreement and on pages referenced in the hyperlinks from this Agreement, including by changing or deleting existing terms or by adding new ones. Continued use of the Platform after modifications to this Agreement shall constitute your acceptance of such modifications.

Service Providers may opt out of certain revisions to the Agreement’s arbitration provisions.

 

THE PLATFORM

The Platform provides a marketplace where, among other things, persons who seek cleaning and junk removal services (“Clients”) can search for and find and then engage with service providers who provide cleaning and junk removal services in the Client’s geographic area (“Service Providers”). Clients engage Service Providers to perform Cleaning Services at a specific location (the “Property”). Clients can provide information about the scope of Cleaning Services they need and engage and pay Service Providers for future services directly on the Platform. Service Providers, Clients, and any other individuals using the Platform are collectively referred to herein as “Users”. 

 

BOOKING SERVICES & USE OF THE PLATFORM

Purge & Polish is a marketplace and does not itself provide Cleaning Services. As a Client, you may use the Platform to search for and connect with available Service Providers. Any decision by a User to offer or accept Cleaning Services is a decision made in such User’s sole discretion.  A separate relationship is formed between Service Providers and Clients when the Client accepts the offered Cleaning Services.  “Purge & Polish Services” refers to any services provided by Purge & Polish related to the marketing and administration of the Platform and expressly exclude cleaning services.

 

CANCELLATIONS

All cancellations require at least 48-hour notice. Clients can cancel, amend or reschedule their booking at any time up to within 48 hours of the start time of the clean. If you are a Client and you wish to cancel or reschedule the booking within 48 hours of the start time you may be charged a Cancellation Fee equal to the entire value of the booking. If Clients make a booking that is due to start within 48 hours, any cancellation will result in being charged a Cancellation Fee. Cancellations expressly include requests to reschedule that are made within 48 hours of the start time of the Cleaning Services.

 

CLIENT OBLIGATIONS.

Failure to comply with the following may result in additional Charges:

 

a.       Clients will at all times provide a safe working environment for the Service Provider at the Property, in Service Provider’s reasonable discretion. Said working environment must be in compliance with all applicable laws and regulations. Clients and any parties at the Property at the time the Cleaning Services are provided must treat Service Providers courteously and lawfully. Clients must provide Service Providers with all reasonable information and co-operation required to enable them to provide the Cleaning Services.

 

b.      Electricity and hot water must be available at the Property. If this is not provided or available this will be taken as a late cancellation, and you will be charged a Cancellation Fee.

 

c.       Clients will provide access to the Property. If the Service Provider is unable to gain access to the Property this will constitute a late cancellation, and you will be charged a Cancellation Fee.

 

d.      Clients must provide a suitable parking location for Service Provider, in Service Provider’s discretion. If this parking spot is unavailable and the Service Provider cannot park, this will be taken as a late cancellation, and you will be charged a Cancellation Fee. You will be charged for all parking-related costs incurred by Service Provider in performance of the Cleaning Services (except for parking costs arising from Service Provider’s negligence).

 

e.       If the Cleaning is an “end of tenancy” cleaning, Clients must ensure that: the Property is free from trash, free from furnishings, the fridge and freezer is defrosted, there is not excessive mold, excessive lime scale, dirt, grime, feces, blood or any other fluid which may cause the clean to take longer than anticipated, if this is the case then the Service Provider has no obligation to complete the cleaning in the estimated time frame, and may either leave prior to completion, or may ask to stay longer in which additional extended service fees may be charged, all satisfaction guarantees are voided, and no free re-cleans will be offered.

 

QUALITY ISSUES AND LIMITED GUARANTEE

 

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@purge-polish.com as soon as possible.

 

End of Tenancy and Deep Clean Limited Guarantee- Our Service Providers have agreed to offer a free limited guarantee with all ends of tenancy and deep cleans, excluding those made for a fixed amount of time at the Client’s request. If you are not satisfied with the level of cleanliness of the Property after completion of the Cleaning Services and the work qualifies for the limited guarantee, the Service Provider will return to the Property to complete the clean and address the issue in commercially reasonable means.

 

In order to make use of this you must:

●        Document with photos and or videos the quality issue.

●        Notify us within 24 hours of the time the Cleaning Services were completed. This can be done by emailing us at  hello@purge-polish.com

●        In the subject line include URGENT Quality Issue. Explain in detail what the issue is and attach all supporting documentation including photos and or videos illustrating your issue or complaint.

If we deem in our discretion that 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 contact you via email with an offer for the Service Provider to return to the Property within 7 days of the original booking date. We will offer up to 3 possible re-clean times. If none of these are accepted by you, or you do not reply to the email within 48 hrs of receipt, then the guarantee will expire. Due to the extremely varying conditions of carpets, none of our service providers will guarantee the service of, or offer a free re-clean on any carpet cleaning that has been carried out.

 

 

PRICING & PAYMENT BY CLIENT

As a User, you understand that booking Cleaning Services will result in charges (“Charges”) to you and/or to an organization, if applicable.  Charges for Cleaning Services include the Platform Fee, Service Fees (defined below) and other applicable fees, and taxes.

 

Service Fees and Other Charges. When you book a Service Provider you will pay one amount that includes the Platform Fee and the Service Fee. If you require an invoice with the Charges itemized, you may do so by contacting us at through  hello@purge-polish.com.

●        Platform Fee. While the Platform is free to view, we charge a “Platform Fee” to cover the costs to administer the Platform as part of your booking of Cleaning Services through the Platform.

 

●        Service Fee. Service Providers are paid through the Platform, so you will pay the Service Provider’s “Service Fee” at the time of booking. The amount of the Service Fee will be based on the extent and duration of the Services. The Service Fee will also include any additional extra services that you are engaging the Service Provider to provide to you (for example you may pay the Service Provider to provide cleaning products).

 

Additional Fees. You may be charged additional fees if the following occurs.

●        Cancellation Fee. After entering into an agreement with a Service Provider, the Client may cancel it through the Platform but note that in certain cases a “Cancellation fee” may apply. The Cancellation Fee includes situations where the Service Provider cannot perform or complete the Cleaning Services because of a client-caused issue or delay. The Cancellation Fee is equal to the Service Fee.

 

●        Damage Fee. If a Client reports that the Service Provider has materially damaged the Client’s premises, Service Provider agrees to pay a “Damage Fee” of up to $50-$500 depending on the extent of the damage (as determined by Purge & Polish in its sole discretion), towards repair or additional cleaning. Purge & Polish reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.

 

●        Other Charges. Other fees and surcharges may apply to your ride, including but not limited to actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by Purge & Polish or its marketing partners. In addition, where required by law Purge & Polish will collect applicable taxes.

 

CHARGES GENERALLY.

●        Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). Purge & Polish may replace its third-party payment processor without notice to you. With the exception of tips, cash payments are strictly prohibited unless expressly permitted by Purge & Polish.

 

●        Your payment of Charges to Purge & Polish satisfies your payment obligation for your use of the Platform and booking of Cleaning Services. Certain Charges may be collectively billed as a single purchase transaction. If your primary payment method expires, is invalid, or if charges to your primary payment method are unable to be processed for whatever reason, then you agree that Purge & Polish may charge your other available payment methods in the Platform.

 

●        No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Platform, any disruption to the Platform, or Cleaning Services, or any other reason whatsoever.

 

●        Payment Card Authorization. Upon addition of a new payment method or each request for Cleaning Services, Purge & Polish may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. Purge & Polish is not responsible for these charges and is unable to assist you in recovering them from your issuing bank.

 

Service Provider Payments

If you are a Service Provider, you will receive payment for your provision of Cleaning Services pursuant to the terms of the Service Provider Agreement between you and Purge & Polish, which shall form part of this Agreement.

 

Purge & Polish Communications

By entering into this Agreement or using the Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to Purge & Polish by you or on your behalf, and also via emails, text messages, calls, and push notifications at any time (including between the hours of 9 p.m. and 8 a.m., local time). You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Purge & Polish, its affiliated companies and/or Service Providers may include but are not limited to: operational communications concerning your User account or use of the Platform, Purge & Polish Services, Cleaning Services, payment receipts, payment reminders or processing issues, updates concerning new and existing features on the Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Purge & Polish and industry developments. If you change or deactivate the phone number you provided to Purge & Polish, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. While we endeavor to send routine communications between the hours of 8 a.m. and 9 p.m., local time, you acknowledge and agree that we may send or you may receive text messages, email, calls, and push communications from us at any time (including time sensitive communications; communications related to payment receipts, payment reminders, payment processing issues; or contemporaneous communications related to other actions taken by you).

 

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, CALLS, OR TEXTS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAILOR CALL ITSELF.

 

WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE CONTACT US AT hello@purge-polish.com

 

User Accounts

The Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by Purge & Polish. To use the Platform, each User shall create a User account. Each person may only create one User account, and Purge & Polish reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Purge & Polish programs and use of certain Purge & Polish services may be subject to additional eligibility requirements as determined by Purge & Polish. By becoming a User, you represent and warrant that you are at least 18 years old.

 

Your Information

Your Information is any information you provide, publish, or post, and any information provided on your behalf, to or through the Platform (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Platform and participate in the Cleaning Services.

 

Our collection and use of personal information in connection with the Platform and Cleaning Services is as provided in Purge & Polish’s privacy policy, available on our Platform. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Purge & Polish to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the Platform or Cleaning Services, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.

 

Purge & Polish does not assert any ownership over your Information; rather, as between you and Purge & Polish, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

 

INDEPENDENT RELATIONSHIP BETWEEN CLIENT AND SERVICE PROVIDER

While Clients book and pay for cleanings through the Platform, the relationship between the independently operating Service Provider and the Client may be governed by an independent “Contract for Services”, which may be memorialized in a writing and which, for the avoidance of doubt, shall be a separate contractual arrangement between the Client and the Service Provider only. The User may change the scope and manner of the Cleaning Services under the terms of the Contract for Services at any time by reaching mutual agreement with the Service Provider.

 

DAMAGE AND INSURANCE

Service Providers are independently insured, and are contractually obligated by us to obtain their own general liability insurance.

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The Service Providers are independently operating businesses and we can neither direct nor control them, and we have no authority over them.

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In the unlikely event something is damaged during performance of the Cleaning Services and you wish to make a claim, you must email hello@purge-polish.com with the information within 48 hours of the damage occurring, and we can act as a liaison between you and the Service Provider at issue. 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.

 

We are unable to intervene in case of non-compliance. It is important to note that the decision on whether to settle the claim lies with the insurer, and their decision is final.

 

Restricted Activities

With respect to your use of the Platform, and your participation in the Cleaning Services, you agree that you will not:

●       impersonate any person or entity;

●       stalk, threaten, or otherwise harass any person, or carry any weapons;

●       violate any law, statute, rule, permit, ordinance or regulation;

●       interfere with or disrupt the Platform or the servers or networks connected to the Platform;

●       post Information publicly related to the Cleaning Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;

●       use the Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

●       post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

●       forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform;

●       “frame” or “mirror” any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;

●       modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform;

●       rent, lease, lend, sell, redistribute, license or sublicense the Platform or access to any portion of the Platform;

●       use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;

●       link directly or indirectly to any other websites;

●       transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;

●       use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the Platform;

●       discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;

●       commercialize the Cleaning Services, Third-Party Services, or our Purge & Polish Services without an agreement directly with Purge & Polish;

●       misuse or abuse the Cleaning Services, Third-Party Services, or our Purge & Polish Services in violation of eligibility requirements as determined by Purge & Polish;

●       violate the Client Obligations;

●       request Cleaning Services to be performed at a location where there are people 18 years old without an adult present;

●       circumvent any measures implemented by Purge & Polish to prevent or address violations of this Agreement; or

●       cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

 

Intellectual Property

All intellectual property rights in and to the Platform shall be owned by Purge & Polish absolutely and in their entirety.. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.

 

PURGE & POLISH and other Purge & Polish logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Purge & Polish in the United States and/or other countries (collectively, the “Purge & Polish Marks”). If you are a Service Provider, Purge & Polish grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Purge & Polish Marks solely on the Purge & Polish stickers/decals, and any other Purge & Polish -branded items provided by Purge & Polish directly to you in connection with providing the Cleaning Services (“License”).

 

The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Purge & Polish ’s prior written permission, which it may withhold in its sole discretion. The Purge & Polish logo (or any Purge & Polish Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Purge & Polish Mark in a domain name or Purge & Polish referral code, or use of a Purge & Polish Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Service Provider on the Platform, but may not misidentify yourself as Purge & Polish, an employee of Purge & Polish, or a representative or agent of Purge & Polish.

 

You acknowledge that Purge & Polish is the owner and licensor of the Purge & Polish Marks, including all goodwill associated therewith, and that your use of the Purge & Polish logo (or any Purge & Polish Marks) will confer no interest in or ownership of the Purge & Polish Marks in you but rather inures to the benefit of Purge & Polish. You agree to use the Purge & Polish logo strictly in accordance with Purge & Polish ’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Purge & Polish determines to be nonconforming or otherwise unacceptable.

 

You agree that you will not: (1) create any materials that use the Purge & Polish Marks or any derivatives of the Purge & Polish Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Purge & Polish in writing; (2) use the Purge & Polish Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Purge & Polish Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Purge & Polish ’s rights as owner of the Purge & Polish Marks or the legality and/or enforceability of the Purge & Polish Marks, including challenging or opposing Purge & Polish ’s ownership in the Purge & Polish Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Purge & Polish Marks, any derivative of the Purge & Polish Marks, any combination of the Purge & Polish Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Purge & Polish Marks; (5) use the Purge & Polish Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

 

Violation of any provision of this License may result in immediate termination of the License, in Purge & Polish ’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Purge & Polish Marks (in violation of this Agreement or otherwise), you agree that upon their creation Purge & Polish exclusively owns all right, title and interest in and to such materials, including any modifications to the Purge & Polish Marks or derivative works based on the Purge & Polish Marks or Purge & Polish copyrights. You hereby assign any interest or right you may have in such materials to Purge & Polish, and shall provide information and execute any documents as reasonably requested by Purge & Polish to enable Purge & Polish to formalize such assignment.

 

Purge & Polish respects the intellectual property of others, and expects Users to do the same.

 

Disclaimers

The following disclaimers are made on behalf of Purge & Polish, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

 

Purge & Polish does not provide Cleaning Services, and Purge & Polish is not a cleaning service provider. It is up to the Service Provider to decide whether or not to offer to perform Cleaning Services if contacted by a Client through the Platform, and it is up to the Client to decide whether to engage a Service Provider contacted through the Platform. We cannot ensure that a Service Provider or Client will follow through on their obligations.

 

We have no control over the quality or safety of the Cleaning Services. Any safety-related feature, process, policy, standard, or other effort undertaken by Purge & Polish is not an indication of any employment or agency relationship with any User.

 

The Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Platform, Purge & Polish Services, and/or the Cleaning Services, including the ability to provide or receive Cleaning Services at any given location or time. Purge & Polish reserves the right, for example, to limit or eliminate access to the Platform for Cleaning Services and/or Purge & Polish Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

We do not warrant that your use of the Platform, Purge & Polish Services, Third-Party Services, or Cleaning Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Platform, Purge & Polish Services, Third-Party Services, or Cleaning Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your conduct while using the Platform.

 

Purge & Polish is not responsible for the conduct, whether online or offline, of any User of the Platform, Purge & Polish Services, Third-Party Services, or Cleaning Services.

 

You are responsible for the use of your User account and Purge & Polish expressly disclaims any liability arising from the unauthorized use of your User account.

It is possible for others to obtain information about you that you provide, publish or post to or through the Platform (including any profile information you provide), send to other Users, or share during the Cleaning Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Platform or through the Cleaning Services, Purge & Polish Services, or Third-Party Services. Please carefully select the type of information that you post on the Platform or through the Cleaning Services, Purge & Polish Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

 

Force Majeure. Purge & Polish shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

 

NON-SOLICITATION.

By registering to use Purge & Polish, you agree that all bookings between you and Service Providers will be made through Purge & Polish and that you will not engage or employ any Service Provider you have previously booked through Purge & Polish, or whose contact details you have received from us, to provide any Services other than through Purge & Polish for a period of six 6 months following the termination of this Agreement.

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If a Service Provider offers to provide Services to you other than through Purge & Polish, 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 Purge & Polish (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 $1000.

 

Indemnity

You will indemnify and hold harmless and, at Purge & Polish’s election, defend Purge & Polish including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Platform, and participation in the Cleaning Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Platform, Purge & Polish Services, Third-Party Services, or Cleaning Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Purge & Polish ’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

 

Limitation of Liability

IN NO EVENT WILL PURGE & POLISH, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “PURGE & POLISH ” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, PURGE & POLISH SERVICES, THE CLEANING SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT PURGE & POLISH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, PURGE & POLISH HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to Purge & Polish; (b) by either party immediately, without notice, upon the other party’s material breach of this Agreement, or (c) by mutual agreement of the Parties, except that in the case of a Service Provider, the terms of the Service Provider Agreement will govern. In addition, Purge & Polish may terminate this Agreement or deactivate your User account or cease offering or deny access to Purge & Polish services or any portion thereof immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Cleaning Services; or (3) Purge & Polish has the good faith belief that such action is necessary to protect the safety of the Purge & Polish community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Purge & Polish ’s reasonable satisfaction prior to Purge & Polish permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Purge & Polish ’s satisfaction, this Agreement will not be permanently terminated. Sections that contemplate performance after termination of this shall survive any termination or expiration of this Agreement.

 

CONFIDENTIALITY

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Purge & Polish ’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Purge & Polish for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Platform any Confidential Information obtained from the Platform.

 

As a Service Provider, you understand that some of the Confidential Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or other federal and/or state confidentiality laws and could result in civil or criminal penalties against you. You will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.

 

Notwithstanding the above, you shall not have liability to Purge & Polish with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Purge & Polish or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Purge & Polish ; becomes known to you, without restriction, from a source other than Purge & Polish without breach of this Agreement by you and otherwise not in violation of Purge & Polish ’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Purge & Polish to enable Purge & Polish to seek a protective order or otherwise prevent or restrict such disclosure.

 

 

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration Between You and Purge & Polish .

 

 

 

DISPUTE RESOLUTION & ARBITRATION

 

Any dispute, controversy, or claim arising out of or relating to this Agreement, the use of the Platform, or the relationship between Users, Service Providers, and the Purge & Polish that cannot be amicably resolved shall be solely and finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration shall take place in Boston, Massachusetts before a panel of one (1) arbitrator. The language of the arbitration shall be English. The arbitrator shall be bound to adjudicate all disputes in accordance with the laws of the State of Massachusetts. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on all parties.

Upon request by any party, the arbitrator shall provide findings of fact and conclusions of law. Discovery shall be conducted in accordance with the Federal Rules of Civil Procedure, unless otherwise agreed by the parties or ordered by the arbitrator. Unless otherwise agreed by the parties, the arbitrator shall fix the date and specific location of the hearing and shall give the parties at least ten (10) days advance notice of the date and location. The hearing shall proceed generally in the manner of a non-jury trial under the Federal Rules of Civil Procedure. Each party may be represented by counsel at the hearing. A qualified court reporter shall record and transcribe the proceeding.

All pleadings and all information exchanged in the discovery phase, the record of arbitration proceedings, including but not limited to the transcript of proceedings, exhibits, inspection reports, and reports of investigations shall be held in confidence by all persons involved in the arbitration, including but not limited to the arbitrator. This obligation shall be manifested by executing a confidentiality agreement in a form satisfactory to the parties.

The arbitrator shall be empowered to award money damages subject to the limitations set forth in this Agreement but shall not be empowered to award indirect, incidental, consequential, punitive, exemplary, or special damages. Each party shall bear its own costs relating to the arbitration proceedings, irrespective of the outcome.

Exceptions to Arbitration
Notwithstanding the foregoing, disputes with respect to intellectual property rights or seeking injunctive relief shall not be submitted to arbitration and shall be subject to the exclusive jurisdiction of the courts of the State of Massachusetts, county of Suffolk.

Class Action Waiver
By agreeing to these Terms and Conditions, Users, Service Providers, and the Platform Administrator agree to resolve any disputes on an individual basis through arbitration as described in this section, and expressly waive the right to participate in a class action lawsuit or class-wide arbitration.

 

General

This Agreement shall be governed by the laws of the State of Massachusetts without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement, and the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Purge & Polish, in our sole discretion by providing notice to you. You may not assign this Agreement without Purge & Polish’s prior written approval. Except as explicitly stated otherwise, any notices to Purge & Polish shall be given by certified mail, postage prepaid and return receipt requested to Purge & Polish, Inc., [ADDRESS]. Any notices to you shall be provided to you through the Platform or given to you via the email address or physical address you provide to Purge & Polish during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation.” A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and Purge & Polish with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

 

If you have any questions regarding the Platform, Purge & Polish Services, or Cleaning Services, please contact us at [hello@purge-polish.com].

 

 

Purge & Polish – Key Terms & Conditions (Simplified)

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1. Using the Platform

●       By using the platform, you agree to these terms.

●       The platform connects Clients (who need cleaning/junk removal) with independent Service Providers.

●       Purge & Polish (the platform) does not provide cleaning services itself.

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2. Booking & Cancellations

●       Bookings can be made and paid for through the platform.

●       You can cancel or reschedule up to 48 hours before your appointment with no fee.

●       Cancelling or rescheduling within 48 hours (or if you book within 48 hours and then cancel) means you may be charged the full booking amount.

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3. Client Obligations

●       Provide a safe, legal, and accessible work environment (including electricity, hot water, and parking).

●       If the Service Provider can’t access the property or park, or if utilities aren’t available, you may be charged a cancellation fee.

●       For end-of-tenancy cleans, the property must be empty, defrosted, and free of excessive dirt or hazards. If not, the Service Provider may leave early or charge extra, and satisfaction guarantees are void.

4. Service Provider Obligations

●       Service Providers must be independent, insured, and provide services as agreed with the Client.

●       They must follow all laws, keep the Client’s property safe, and act professionally.

●       If damage occurs, Service Providers are responsible for claims up to a set amount; larger claims go through their insurance.

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5. Quality Guarantee

●       For end-of-tenancy and deep cleans, if you’re not satisfied, document the issue with photos/videos and email within 24 hours.

●       If the complaint is valid, the Service Provider will return for a free re-clean (except for carpet cleaning).

●       You must respond to re-clean offers within 48 hours.

6. Payment

●       All payments (including tips) go through the platform.

●       No cash payments unless Purge & Polish allows it.

●       Charges are non-refundable unless required by law.

●       If your payment method fails, Purge & Polish may try other methods you’ve provided.

7. Communications

●       You agree to receive emails, texts, and calls about your bookings and platform updates.

●       You can opt out of promotional messages, but not essential communications.

8. User Accounts & Information

●       Only one account per person; you must be 18+.

●       Keep your information accurate and up to date.

●       Don’t share your account or use someone else’s.

9. Damage & Insurance

●       Report any damage within 48 hours with photos.

●       Claims under a certain amount are handled directly; larger claims go through the Service Provider’s insurance.

●       Purge & Polish is not responsible for the Service Provider’s actions or insurance decisions.

10. Restricted Activities

●       Don’t break the law, harass others, misuse the platform, or share confidential info.

●       Don’t try to hire Service Providers outside the platform for 6 months after your last booking.

11. Intellectual Property

●       All platform content and branding belong to Purge & Polish.

●       Service Providers can use Purge & Polish branding only as allowed.

12. Disclaimers & Liability

●       Purge & Polish is not responsible for the quality or safety of cleaning services.

●       The platform is provided “as is” with no guarantees.

●       Purge & Polish’s liability is limited as much as the law allows.

13. Termination

●       You or Purge & Polish can end this agreement at any time (with notice or for cause).

●       Some obligations (like confidentiality and payment) continue after termination.

14. Disputes & Arbitration

●       Most disputes must be resolved by binding arbitration in Boston, MA.

●       No class actions allowed.

●       SEE OTHER IMPORTANT NOTICES IN THE AGREEMENT

15. Confidentiality

Don’t share confidential info you learn through the platform