Terms of Service including: Privacy Policy Hsekeeper.com Engagement Agreement Also: Email Disclaimer Processes Code of Conduct Terms of Use Last Updated: October 2, 2023 (the “Effective Date”), 28 December 2023, 29 December 2023, 13 September 2024 We appreciate your visit to the Platform. Please take time to carefully read these terms of use (the "Terms"). Important information on your rights, obligations, and remedies under the law is contained in these Terms. You acknowledge that these Terms, our Terms of Service, and all applicable laws and regulations apply to you when you access or use the Platform. If you have any questions about these Terms, please email us at [email protected]. These Terms constitute a legally binding agreement between you and Dynamic ASP Inc dba Hsekeeper.com. (“Hsekeeper.com”, the “Company”, “we”, “us”, or “our”) controlling how you can use and access the Platform. The Website, any applicable online, mobile, tablet, or other smart device applications, and application programme interfaces (collectively, the "Application"), as well as all related services (collectively, the "Platform Services"), are all included in your usage of the Platform. We explain how we gather and utilise personal data in relation to your use of the Platform and access, here: Privacy Policy. The following significant documents are incorporated into these Terms by reference, as they may be updated from time to time: the Engagement Agreement and our Privacy Policy. Our Privacy Policy, Engagement Agreement, and these Terms taken together are called the "Terms of Service." YOU MUST NOT ACCESS OR USE THE PLATFORM IF YOU DO NOT AGREE TO THE TERMS OF SERVICE. We reserve the right, at our sole discretion, to periodically alter and modify the Terms of Service. All such changes take effect right away after they are posted and are applicable to all future access to and usage of the Platform. You agree to frequently check the Terms of Service to be aware of any such updates. You will be deemed to have accepted the then-current Terms of Service if you keep using the Platform. Without providing you or any other User with prior notice, we reserve the right to alter, remove, or discontinue the Platform and the Hsekeeper.com Content at any time, in our sole discretion. If for any reason the Platform is inaccessible to you or any other User at any time or for any length of time, we shall not be held responsible. Any changes made to the Terms of Service will become operative on the most recent Effective Date specified. It is your responsibility to get access to the Platform on your own. It is your responsibility to make sure that everyone using your internet connection to access the Platform is aware of and abides by the Terms of Service. Any performance problems or security lapses resulting from your usage of the Platform are your responsibility.If for any reason the Platform is inaccessible to you or any other User at any time or for any length of time, we shall not be held responsible. Any changes made to the Terms of Service will become operative on the most recent Effective Date specified. It is your responsibility to get access to the Platform on your own. It is your responsibility to make sure that everyone using your internet connection to access the Platform is aware of and abides by the Terms of Service. Any performance problems or security lapses resulting from your usage of the Platform are your responsibility. YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISIONS OF THESE TERMS, BY USING THE PLATFORM AFTER THE EFFECTIVE DATE (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED BELOW). By using the platform on behalf of an organisation or business entity, you agree to the terms of service on that entity's behalf. You also represent and warrant that you have the authority to bind the organisation or business entity to the terms of service and that you are committing both the organisation or business entity and yourself to the terms of service. It's possible that the Platform will let you use your mobile device to access it and that you'll be able to receive messages on it. Certain features of your mobile device may be restricted or prohibited by your mobile device carrier, and certain features may not work with your carrier or device. Furthermore, in order for you to utilise the Mobile Features, your mobile device carrier may impose ordinary message, data, and other fees. When using the Mobile Features, you may incur fees or charges for which we are not liable or responsible. To find out whether there are any fees or costs associated with using your cell device, contact your carrier. If you have any further inquiries about the Mobile Features, you should also speak with your carrier. You understand that the terms of service of the third party that provides the mobile device on which the Platform runs may apply to your usage of the Mobile Features. If you don't have a compatible mobile device, we won't be held responsible for you. If you use the Platform with an unapproved or incompatible equipment, the Company reserves the right to stop you from using it.
Hsekeeper.com Overview
Hsekeeper.com Accounts
The Platform
User Generated Content
Fees and Payments
Prohibition Regarding Off-Platform Transactions (Leakage)
Disclaimer of Warranty
Limitation of Liability
General Release
Indemnification
Hsekeeper.com Remedies
User Claims and Dispute Resolutions (Arbitration Provisions)
General Provisions
Hsekeeper.com Overview
HSEKEEPER.COM IS NOT AN EMPLOYER OF HSEKEEPERS AND IS NOT INVOLVED IN PROVIDING HOTELS WITH HSEKEEPER SERVICES. When using the platform services to book, create, or deliver HSEKEEPER services, HSEKEEPER.COM does not guarantee, review, or assess the quality, suitability, sufficiency, or outcome of those services. You are aware that there are inherent risks associated with using HSEKEEPER services, as well as other factors outside of HSEKEEPER.COM's control. HSEKEEPER.COM DOES NOT ENGAGE IN THE PROVISION OF HSEKEEPER SERVICES. The goal of Hsekeeper.com is to make it possible for Hotels to find and work with Hsekeepers with certified hotel housekeeping experience, and vice versa, in order to provide Hsekeeper services in an economical, transparent, and easy manner. We offer the Platform Services in compliance with the Terms of Service, which include hosting and managing the Website and the Application, which make it easier to arrange, create, and receive Hsekeeper services. Hotels can request that Hsekeeper.com notify a selection of available Hsekeepers about their need for Hsekeeper services using the Platform Services. Hotels are in charge of selecting the type of Hsekeeper wanted from a dropdown menu in order to receive the services. In the end, it is the Hsekeepers' responsibility to select the engagement they desire from the options for shifts notified by the Platform. The Hotel and Hsekeeper are the sole parties of the resulting contract for the services. The terms of this Agreement and the Engagement Agreement will apply to any contract for housekeeping services that a hotel and a housekeeper enter into by scheduling housekeeping services on the Platform (the "Hsekeeper service Contract"). This contract will also govern the rights and responsibilities of the housekeeper and the hotel. HSEKEEPER.COM IS NOT A PARTY TO ANY HSEKEEPER SERVICE CONTRACT FACILITATED BY THE PLATFORM SERVICES. Hotels are entirely responsible for their use of the Platform Services, including but not limited to: (i) any Hsekeeper service Contract or booking of Hsekeeper services with any Hsekeeper; (ii) liability for any Aggregate Fee payable pursuant to a Hsekeeper service Contract. Hotels have complete discretion and autonomy to use the Platform Services. You agree not to hold Hsekeeper.com liable for any of the following: (i) the quality, safety, or acceptability of any services rendered by a Hsekeeper that are created, booked, or delivered using the Platform Services; (ii) Hsekeepers' competency or ability to provide Hsekeeper services; or (iii) Hsekeepers' willingness to provide Hsekeeper services. Without restriction, Hsekeepers are solely in charge of how they use the Platform Services, including but not limited to: (i) accepting any Hsekeeper service contract or making a booking for Hsekeeper services; (ii) providing Hsekeeper services for a hotel in accordance with a Hsekeeper service contract; and (iii) billing and invoicing a hotel for the Aggregate Fee that is due in accordance with the terms of a Hsekeeper service contract. You agree not to hold Hsekeeper.com liable for any of the following: (i) the viability of any hotel; (ii) any hotel's legal ability to enter into a Hsekeeper service contract; (iii) any hotel's ability or willingness to pay any Aggregate Fee; or (iv) any Ratings, Reviews, statements, or posts made by any hotel. In compliance with the relevant laws, housekeepers have a duty to maintain the confidentiality of all hotel information. A HSEKEEPER-HOTEL RELATIONSHIP IS NOT CREATED OR ESTABLISHED BETWEEN ANY HOTEL AND HSEKEEPER.COM. AS SUCH HSEKEEPER.COM DOES NOT OWE ANY HOTEL A SPECIAL DUTY OF CARE AS MAY BE REQUIRED BY SUCH A HSEKEEPER-HOTEL RELATIONSHIP. THIS IS BECAUSE HSEKEEPER.COM DOES NOT ENGAGE IN THE PROVISION OF HSEKEEPER SERVICES. Hsekeeper.com Content The information on hsekeeper.com is only meant to be used as general information and shouldn't be regarded as expert advice. Before acting upon the information on Hsekeeper.com, or refraining from acting, you should consult a specialist or individual advisor. Any use of any Hsekeeper.com Content is at your own risk. A number of unknown factors may affect how applicable any Hsekeeper.com Content is to your specific situation. The information on Hsekeeper.com is not meant to take the place of expert advice. For answers to any specific questions you may have, always consult a specialist. Despite our best attempts to keep the content on Hsekeeper.com updated, we make no explicit or implied representations, warranties, or guarantees regarding the accuracy, completeness, dependability, or timeliness of the content. You use the Platform and the content on hsekeeper.com at your own risk, and the Company disclaims all liability for such use. Content from third parties, such as other Users and third-party licensors, may be included on the website. Apart from the Hsekeeper.com Content, all statements and/or opinions stated in any such third-party content are the exclusive viewpoints of the person or organisation that created it, and they are also their responsibility. The Company's opinions are not always reflected in such information. Regarding the accuracy or substance of any third-party material, the Company has no liability or responsibility to you or any other party. You acknowledge, agree, and understand that Hsekeeper.com has no responsibility to verify the truth or accuracy of any information pertaining to any Hsekeepers as may be contained in the Hsekeeper.com Content. Hsekeeper.com provides no representations or warranties regarding the truth, quality, efficacy or accuracy of any information or Hsekeeper.com Content pertaining to any Hsekeeper. Electronic Communications You expressly consent and agree to accept and receive communications from us, including by email and via text (SMS) message, calls and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by us, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems which may deliver pre-recorded messages, sent by or on behalf of the Company, its affiliated companies and/or other Users of the Platform, including but not limited to: operational communications concerning your Account or use of the Platform, updates concerning new and existing features on the Platform, communications concerning promotions run by us and news concerning the Company and industry developments (collectively, “Notices”). You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Platform. You agree that we generally can send you Notices by email, text (SMS) message, calls and push notifications to the cellular telephone number you provided to us or by posting Notices to the Platform. You acknowledge and agree that any such Notice shall satisfy any legal requirement that such communication be in writing. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice, when you receive it or whether you actually receive the Notice. Your only method of withdrawing consent to receive Notices is to terminate any registrations, subscriptions or services provided through the Platform.
Hsekeeper.com Accounts
To access and utilise the Platform's features, you must create and activate an Account. You understand that, subject to any limitations under Applicable Laws, Hsekeeper.com has the right to deny service to anybody at any time and to terminate User access. Registration and Acceptance You acknowledge that you are agreeing to be bound by and adhere by the Terms of Service by using the Platform, including by opening a Hotel Account or Hsekeeper Account. In the event that you use the Platform on behalf of an Organization or business entity, such as when you create a Hotel Account or Hsekeeper Account in your capacity as an agent for an Organization or business entity, you acknowledge and agree that you are binding both the Organization or business entity and yourself to the Terms of Service. You further represent and warrant that you have the authority to bind the Organization or business entity to the Terms of Service. You must fill out the Account profile and supply all necessary information in order to register and activate an Account for usage of the Platform. In addition, you agree to provide true, accurate, and complete information on your Account profile and any registration and other forms you access on the Platform or provide to us, and to update your information to maintain its truthfulness, accuracy, and completeness. By using this form, you agree to provide Hsekeeper.com with any proof of identity that we may reasonably request from time to time. By signing this agreement, you pledge not to provide any inaccurate or misleading information about your name, credentials, location, company, or abilities, and to update any such information that is inaccurate or misleading now or in the future. We reserve the right, at any time and without prior notice, to remove and/or disable your Account if you do give any inaccurate or misleading information. Your consent to all actions we take regarding the management, storage, and use of information in accordance with the Terms of Service is granted by your provision of registration information, including those related to the creation and activation of your Account and any submissions you make to the Platform through any functionality, including applications, orders, chat rooms, personal profiles, e-mail, message boards, personal or interest group web pages, forums, online forms, blogs, bulletin boards, reflections, online journals, forms filled out during one of our workshops or events, and other such functions. Account Security You agree to maintain as secret any username for your account, password, or other information that you have selected or that the Platform has given you as part of our security protocols. You also agree not to share such information with any other person or organisation. To prevent others from viewing or recording your password or other personal information, you must use caution when accessing your Account from a shared or public device. You acknowledge that your account is private to you and that you will not grant access to any other person or organisation, even if it means safeguarding your password, username, or other security details. You pledge to alert us right once of any unauthorised use of your login, password, or account, as well as any other security violation. Additionally, you promise to make sure that, when you're done using the Platform, you log out of your Account. Any improper use of your password or illegal access to your account is your responsibility. Hsekeeper.com reserves the right at any time and from time to time, to disable or terminate your Account, any username, password or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including, but not limited to, your violation of any provision of the Terms of Service. We won't provide you any form of reimbursement or credit back once we disable or terminate your account. You are forbidden from establishing and opening a new account using your name, email address, a false or borrowed identity, or the name of any third party, even if you could be acting on their behalf, in the event that we disable or cancel your Account for any reason. It is forbidden for you to try to go around and violate the Platform's security, including but not limited to: I accessing data and material that is not meant for you; (ii) trying to get past or breach the security and/or authentication measures in an unauthorised manner; (iv) illegally replicating TCP/IP packet headers; (v) interfering with network services and in any other way impairing Hsekeeper.com's capacity to monitor the Platform; (iii) restricting, interrupting, or stopping Platform Services; (vi) accessing the Platform for any purpose, including monitoring or copying any content on the Platform or private information, by using any robot, data mining, spider, or other automated device, process, or means; (vii) introducing any malicious or technologically harmful content, such as worms, viruses, trojan horses, or logic bombs;(viii) attempting to destabilise the Platform by flooding, mailbombing, crashing, denial-of-service attacks, or distributed denial-of-service attacks; (ix) trying to reverse engineer or decompile any software on the Platform; and (x) making any other attempt to obstruct the Platform's normal operation. It is not permitted to ascertain the site architecture or obtain data regarding usage or Users by means of any network monitoring or discovery tools. Account Types The Platform permits two different Account types: (i) a Hotel Account; or (ii) a Hsekeeper Account. You cannot add another Account type using the same email address once you have registered for one. Hotel Account To register and establish an Account to utilise the Platform as a Hotel (a "Hotel Account") an individual must act on behalf of and in the capacity of an authorised representative of an Organization. Only registered individual users are allowed to use, access, and control the hotel account. By registering a Hotel Account on behalf of an Organization you hereby represent that you: are the Organization's authorised agent or representative; the Organisation will abide by the terms of service; are 18 years of age or older (or have attained the age of majority in your jurisdiction of residence), and the Organisation has the authority to enter into legally binding contracts on its behalf. Hsekeeper Account An individual may register and construct an Account for usage of the Platform as a Hsekeeper (a "Hsekeeper Account") on their own behalf or as an authorised representative of a business entity. A Hsekeeper Account can only be used, accessed, and managed by a person who is registered for it. By registering a Hsekeeper Account, you hereby represent, warrant and covenant that you: are currently certified as a housekeeper in at least one hotel, and you intend to stay certified as a housekeeper in at least one hotel as long as your Hsekeeper Account is active; you will abide by applicable laws; you give permission for users and the public to view your profile and likeness; and you are covered by a workers' compensation policy (such as WorksafeBC) in accordance with applicable laws or as mandated by your business entity. Hsekeeper.com retains the right to periodically or permanently remove and/or disable your Hsekeeper Account from the Platform for any reason that Hsekeeper.com deems necessary or appropriate. This includes, but is not limited to, the following scenarios: you violate the Terms of Service; you fail to maintain and comply with the aforementioned representations and warranties; or, at Hsekeeper.com's sole discretion, your Ratings or Reviews fall below a minimum acceptable standard. User Acknowledgements Hotel Acknowledgments If you are a Hotel, by using the Platform you hereby acknowledge, agree, and understand that: Hsekeeper.com is not a party to any Hsekeeper service contract and will not be held responsible for any Hsekeeper service contract or have any duties relating to it; In no manner can Hsekeeper.com oversee, direct, or control any Hsekeeper, the formation of a Hsekeeper service contract, or the scheduling, development, or provision of any Hsekeeper services; and In accordance with the terms of any Hsekeeper service contract, you are solely liable for all Hsekeeper costs, service fees, government fees, expenditures, and indirect taxes related to your request for Hsekeeper services. Hsekeeper Acknowledgements If you are a Hsekeeper, by using the Platform you hereby acknowledge, agree, and understand that: You are not employed by Hsekeeper.com and are therefore not entitled to any employment-related rights or benefits, such as workers' compensation or unemployment insurance; Hsekeeper.com is not a party to any Hsekeeper service contract and will not be held responsible for any Hsekeeper service contract or have any duties relating to it; In no manner can Hsekeeper.com oversee, direct, or control any Hsekeeper, the formation of a Hsekeeper service contract, or the scheduling, development, or provision of any Hsekeeper services; Hsekeeper.com has no say over the approach or procedure you use to provide Hsekeeper services; Hsekeeper.com does not control or set your work product, schedule, or location; it also does not mandate the final Aggregate Fee that you bill to a hotel in accordance with a Hsekeeper service contract; you are free to decide when and if to perform Hsekeeper services, including the days and times that you elect to work; You will be paid at such times and amounts as agreed with a Hotel pursuant to a Hsekeeper service Contract, and Hsekeeper.com does not, in any way, give or guarantee you a regular salary or any minimum, regular payment; In the event that Hsekeeper.com is audited, you will cooperate with Hsekeeper.com regarding the audit as soon as possible and submit copies of your tax records and any other documents that Hsekeeper.com may reasonably seek for the audit's purposes; Regarding the accuracy or completeness of any reported indirect taxes in connection with the provision of Hsekeeper services in accordance with a Hsekeeper service contract, neither Hsekeeper.com nor any Hsekeeper.com Representative has made or will make any representations or warranties, either express or implied. For any hotel payments you get through the Platform, you are solely liable for all tax liabilities, withholdings, and necessary repayments for indirect taxes; Value added taxes, other taxes, indirect taxes, and other fees related to your use of the Platform are your sole responsibility to identify and pay to the appropriate taxing authorities; In assessing your liability for indirect taxes, you have not relied on any representations or warranties made by Hsekeeper.com or any Hsekeeper.com Representative, and neither Hsekeeper.com nor any Hsekeeper.com Representative shall be liable to you for any indirect taxes. You cannot obtain any labour, tools, materials, or training in connection with any Hsekeeper service contract from Hsekeeper.com; The location where you carry out any Hsekeeper services is not provided by Hsekeeper.com; The liability, health, workers' compensation, disability, unemployment, and other insurance that you need, want, or are legally required to obtain is entirely your responsibility, and you hereby acknowledge and agree that you are not covered by or eligible for any kind of insurance that Hsekeeper.com maintains; Anytime you sign a housekeeping service agreement with a hotel, you acknowledge and accept that you will be bound by the provisions of the engagement agreement when performing housekeeping services; and A number of variables, including hotel search parameters and preferences, service requirements, price, responsiveness to hotel requests, cancellation history, service type, and/or ease of retaining, may affect your placement and rating in a hotel's search results.
The Platform
Ownership Hsekeeper.com is the owner and operator of the Platform. All rights, titles, and interests pertaining to the Platform, which includes Hsekeeper.com among other things The content on the Platform, including documents, logos, visuals, sounds, and images that are accessible or visible, is owned by Hsekeeper.com or our corresponding third-party vendors, authors, developers, or writers (referred to as "Third Party Providers"). None of the proprietary materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, unless Hsekeeper.com specifically provides otherwise. Moreover, nothing on the platform may be interpreted as granting any licence under any of our intellectual property rights, whether by estoppel, implication, or other means. Any rights not expressly granted here are reserved by the Company. Limited License Hsekeeper.com now grants you a restricted licence to access the Platform. Your adherence to the Terms of Service is a requirement of this licence. Although we work hard to maintain the safety, security, and proper operation of our Platform, we are unable to guarantee its continuous operation or accessibility. Indeed, we may suddenly discontinue offering some features. You may link to our homepage solely, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not create a link in a way that implies an affiliation, endorsement, or approval of ours when none exists. You are not allowed to link to any other page on the Platform save the homepage, nor may you frame the Platform on any other website. Without prior warning, we retain the right to revoke your or any other user's permission to link. It is your duty to make sure the website to which you are linking complies with the Terms of Service in every way. You consent to assist us in causing any unauthorized linking or framing to stop immediately. Hsekeeper.com may terminate any license granted to any Platform visitor or User to access the Platform without notice. Permitted Uses The goal of Hsekeeper.com is to make it easier for hotels to find and work with HSekeepers and vice versa, so that HSekeeper services may be provided in an economical, open, and practical manner. We offer the Platform Services in compliance with the Terms of Service, which include hosting and managing the Website and the Application, which make it easier to arrange, create, and receive Hsekeeper services. Hotels can request that Hsekeeper.com notify a selection of available Hsekeepers about their need for Hsekeeper services using the Platform Services. Hotels are ultimately in charge of selecting the type of Hsekeeper from a dropdown menu in order to receive the services. The Hotel and the Housekeeper are the only parties to the resulting contract for the services, and Hsekeepers are ultimately in charge of deciding what they want from their alerted shifts and schedules. In addition, the Platform Services may be used to access the Hsekeeper.com Content. Prohibited Uses Users are not allowed to use the Platform for any actions that break any applicable laws, for any other fraudulent or unlawful purpose, or for any purpose that harms other people. They are also not allowed to transmit, store, display, distribute, or otherwise make illegal content available. Without limitation to the foregoing, the following uses of the Platform are prohibited: searching for, providing, endorsing, or promoting any deceptive or fraudulent services, products, or activities; publishing a third party's personal information; sending unsolicited requests for Hsekeeper services to other Hsekeepers or repeatedly publishing the same Shift or Schedule in order to maintain numerous versions of it operational at once; requesting money without intending to render services in return for the money; requesting or demanding free services, making an attempt to manipulate or abuse the feedback system; copying or distributing copied Accounts; selling, trading, or giving an Account; sharing or soliciting personal contact information, such as email, phone number, or Whatsapp contact, in connection with a Hsekeeper services Contract or in a Hsekeeper Account; directly or indirectly advertising or promoting a competitive platform, product, service or service provider; directly or indirectly soliciting Hotels and/or Hsekeepers for a competitive platform, product, service, or service provider, including advertising on the Platform to recruit Hotels and/or Hsekeepers to join another platform or company; and conduct or actions that could jeopardize the integrity of the Platform or Hsekeeper.com’s proprietary information, including: (a) reverse engineering (or attempting to reverse engineer), modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Platform; or (b) accessing or using the Platform to build a competitive platform, product, service or application or publish any performance or any benchmark test or analysis relating to the Platform. The platform is not intended to be used as a way to recruit employees. If any user employs another user, the employer or user that does the hiring, shall pay the Platform a recruiter’s fee. The Platform recruiters fee is CA$14,140.00 or 26% of the hired user’s offered annualized remuneration, whichever is the greater. Reporting Violations You must report any violations of the Terms of Service immediately to [email protected]. You also consent to assist us in any investigation we carry out and to take any corrective action we deem necessary to address a breach of the Terms of Service. Responsibilities with Respect to Record Keeping It is your responsibility to create, store, and back up any and all records related to your use of the Platform. This includes keeping track of any contracts for Hsekeeper services that you execute via the Platform as well as any records of Hsekeeper services that you receive or provide through the Platform. In terms of our data security, privacy, and storage obligations, Hsekeeper.com shall: (i) store, backup, and maintain records of all Hsekeeper service contracts; and (ii) comply with any applicable laws. Where applicable, we shall grant access to such information or data to an applicable Hsekeeper or Hotel.
User Generated Content
Hsekeeper.com may, at its sole discretion, enable Hotels and Hsekeepers to: create, upload, publish, transmit, receive, and store information, documents, and other items on or through the Platform ("User Content"); and access and view User Content and Hsekeeper.com Content, including any content licenced or permitted for use by or via Hsekeeper.com from a third party, as well as proprietary Hsekeeper.com content. By this, you accept that Hotels and Hsekeepers publish User Content and that Hotels may ask Hsekeeper.com to publish User Content on their behalf. However, such material does not constitute and will not be considered as an introduction, endorsement, or suggestion by Hsekeeper.com; rather, it is based only on unverified data that Hotels or Hsekeepers freely offer to Hsekeeper.com. Hsekeeper.com does not verify the veracity or accuracy of user content and makes no warranties regarding its accuracy. Content from third parties, such as other Users and third-party licensors, may be included on the website. Apart from the content on Hsekeeper.com, all statements and/or opinions expressed in User Content or third-party content are the exclusive views of the person or organisation that created it, and they are also their responsibility. The Company's opinions are not always reflected in such information. Even in cases where content uploaded or made available on the Website by third parties is libellous or subject to other legal action, Hsekeeper.com is not legally liable for any User Content or third-party content. We reserve the right, but are not obligated to, remove posted feedback, User Content, or third-party content or information that, in our sole opinion, violates the Terms of Service, adversely affects our Platform, undermines the integrity of the feedback system, or is otherwise inconsistent with our business interests and the goals of this Platform in order to safeguard the integrity of the feedback system and to protect Users from abuse. You understand and agree that if there is any inaccuracy or false statement in any of your User Content, you will tell us of it; otherwise, we may assume that the information is accurate. You also promise that, based on your interactions with a housekeeper or hotel, your ratings and reviews will always be accurate, truthful, and free of any offensive or defamatory language. Without limiting the foregoing, you warrant and agree that your use of the Platform and your User Content shall not: in any way violate any federal, provincial, local, or international law, rule, or regulation that may be in force; this includes, but is not limited to, laws pertaining to the export of data or software, patents, trademarks, trade secrets, copyrights, or other intellectual property; any other legal rights (such as others' rights to privacy and publicity); or contain any content that might be liable in civil or criminal court under any applicable laws, rules, or regulations; include or contain any content that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other such prohibited ground or is otherwise objectionable; involve stalking or attempting to exploit any person or to harm minors in any way by exposing them to inappropriate content or otherwise; involve, provide or contribute any false, inaccurate, incomplete or misleading information including with the intention of falsifying or manipulating Ratings or Reviews in any manner; include sending, knowingly receiving, uploading, downloading, using or reusing any content that does not comply with these Terms; impersonate or attempt to impersonate the Company, a Company employee, another User or any other individual or entity (including, without limitation, by using e-mail addresses, names or screen names and titles and designations associated with any of the foregoing); transmit, barter, advertise or procure the sending of any advertisements, commercial activities, sales or any other similar solicitation including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions; include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us in our sole discretion, may harm the Company or other Users of the Platform or expose them to liability; include causing annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any person; promote any illegal activity, or advocate, promote or assist any unlawful act; or give the impression that they originate from or are endorsed by us or any person or entity, if this is not the case. The above list of restrictions is not all-inclusive, thorough, or full; rather, it only offers samples. The aforementioned restrictions do not oblige the Company to keep an eye on, police, or delete any information that you or any other User submits, including User Content. It is your duty to make sure that neither your usage of the Platform nor any User Content violates the aforementioned restrictions. You pledge to abide by all applicable laws, including those pertaining to data protection and privacy. You also consent to refrain from sending us sensitive information over the Platform if its unauthorised disclosure could endanger us or any other person or organisation. You represent and warrant that any User Content you submit or contribute is entirely your responsibility and that you will be held legally accountable for it, including to any third party, as well as for its accuracy, timeliness, correctness, and completeness. We disclaim all liability with regard to the User Content, including but not limited to its accuracy, timeliness, correctness, and completeness, which may have been submitted by you or by any other User of the Platform. You represent and warrant that: You either own all the rights, licences, consents, and releases required to provide us the rights in and to any User Content you make available on or through the Platform, as specified by the Terms of Service, or you are the single and exclusive owner of all such User Content; and In accordance with the terms of service, neither the User Content nor your posting, uploading, publishing, submitting, or transmitting any User Content, nor our use of such User Content (or any portion thereof), will violate, misappropriate, or infringe upon the intellectual property rights, publicity rights, or privacy rights of any third party, nor cause a violation of any applicable laws. We expect our users to respect copyright laws in the same way that we do. Please get in touch with us at if you think that any content on the Platform violates your copyrights at [email protected].
Fees and Payments
Hsekeeper.com facilitates a payment infrastructure which enables Hotels to pay any Aggregate Fees payable pursuant to the terms of a Hsekeeper service Contract and for Hsekeepers to collect payment of any Hsekeeper Fees and disbursements (together with applicable taxes) owing to them pursuant to the terms of a Hsekeeper service Contract (the “Payment Services”). To process, route, and deliver money in accordance with applicable laws in order to provide the Payment Services, we make use of the services of Stripe, Inc. and its affiliates, such as Stripe Payments Canada, Ltd. (the "Payments Data Controller"). You understand and consent to the possibility that we will handle your Payment Method information and process payments using the Payments Data Controller and a few other outside vendors and service providers. Any and all costs, savings, and offers that are listed on the Platform could change at any time. While we make every effort to present accurate pricing information, occasionally typographical errors, inaccuracies, or omissions pertaining to availability and pricing may occur. Any errors, inconsistencies, or omissions may be corrected at any time, and Hsekeeper.com has the right to terminate any Hsekeeper service contracts that result from them. Each User understands and accepts that our Payments Data Controller's policies ultimately govern the Payment Services, including the charging, processing, and distribution of any aggregate fees. The Privacy Policy of the Payments Data Controller, together with additional legal details, can be found here:https://stripe.com/privacy-center/legal Hsekeeper Fees and Service Fees Hotels can pay Hsekeeper fees to Hsekeepers, together with any relevant taxes and disbursements, by using the Payment Services. Subject to the conditions of any applicable promotions, discounts, fees, or change orders, the Hsekeeper fees payable for Hsekeeper services are the amounts agreed upon between the Hsekeeper and the hotel on the Platform at the time the Hsekeeper service contract is entered into. Taxes and disbursement fees are not included in the advertised and agreed-upon Hsekeeper fees. The relevant final invoice for Hsekeeper services will include an itemised list of all applicable taxes and disbursement charges, which will be applied to the aggregate fee. Hotels pay a transaction-based service fee to Hsekeeper.com for using the Platform to sign a Hsekeeper service contract (the "Service Fee"), in addition to Hsekeeper Fees . The Aggregate Fee that a hotel must pay for a specific Hsekeeper service contract includes the Service Fee, which is determined as a percentage of the Hsekeeper fee that is due under the terms of the Hsekeeper service contract. The "Hsekeeper.com Hsekeeper Service Fee" is the applicable transaction-based service charge that the Hsekeeper must pay to Hsekeeper.com in exchange for the Hsekeeper's use of the Platform for the sale of the Services, as well as for the advanced search features and payment administration services that the Platform makes possible. This is payable before Hsekeeper.com makes the Hsekeeper’s payment to the Hsekeeper; User Payment Methods and Authorizations Hsekeepers are required to submit invoices to Hotels, and the Hotel will accept such invoices in compliance with the Terms of Service, for all Aggregate Fees payable with regard to a Hsekeeper services contract. In order to use Hsekeeper.com as your payment method, you hereby grant permission to: (i) complete a credit card pre-authorization each time you sign a Hsekeeper service contract (a “Pre-Authorization”); (ii) store credit card, banking, and other financial information. Hsekeeper.com will use this information to debit or charge your Payment Method for any additional amounts that are due under the terms of service. The Pre-Authorization serves the function of guaranteeing that you possess the cash to cover the Aggregate Fee linked to a certain Hsekeeper service contract. Hsekeeper.com accepts Payment Methods from Visa and Mastercard. By linking a Payment Method to your Account, you hereby represent, warrant, and covenant that: The Payment Method information you supply to us is true, correct, and complete; You are legally authorized to access, use and make payments with such Payment Method; Use of the Payment Method to access the Platform Services does not and shall not violate the terms and conditions applicable to your Payment Method or Applicable Law; Your Payment Method is (and at all times shall be) in good standing with sufficient funds or available credit to satisfy your payment obligations in respect of your use of the Platform; Charges incurred by you will be honoured by the financial institution to which your Payment Method is associated; and You will pay all Aggregate Fees and charges incurred by you, including Service Fees, disbursements and all applicable taxes, if any. Hsekeeper.com is not liable to any User if a financial institution fails to honor any debit or charge to a Payment Method. We reserve the right to seek reimbursement from a User, to the extent permitted by Applicable Law, and a User shall reimburse us, where we receive any chargeback or other financial penalty or loss in processing the Payment Method associated with a Hotel Account. If you are a Hotel, you hereby agree that we have the right to seek such reimbursement and authorize Hsekeeper.com to charge your Hotel Account and/or Payment Method to recover any such losses. Payment Disputes and Refunds You hereby acknowledge and agree that: Failure to immediately decline or dispute any invoice, charge or request for payment of Aggregate Fees pursuant to a Hsekeeper service Contract shall be an express authorisation and instruction for Hsekeeper.com to charge your Payment Method and deliver payment of such Aggregate Fees to Hsekeeper.com and the applicable Hsekeeper, in their respective proportionate entitlements; In the event of a clear mistake, any charges or debits made to your chosen payment method for the purpose of paying aggregate fees under a Hsekeeper service contract are not refundable, unless specifically mandated by applicable law or as Hsekeeper.com deems appropriate in its sole and exclusive discretion; and You will not, under any circumstances, request that your Payment Method provider reimburse you for any Aggregate Costs or other fees imposed in accordance with the Terms of Service without Hsekeeper.com's express written agreement. Right to Withhold or Redirect Payment and Delivery of Fees Notwithstanding any other provision of the Terms of Service and except as prohibited by Applicable Law, we may refuse to process, withhold, or redirect delivery/payment of all or any portion of Aggregate Fees, and we may take any other actions with respect to your Account that we deem appropriate in our sole discretion and in accordance with Applicable Law, if we believe, in our sole discretion, that you have violated the conditions and restrictions of the Terms of Service, including by committing or attempting to commit fraud or other illicit acts on or through the Platform. To the extent allowed by applicable law, Hsekeeper.com retains the right, without restriction, to reject the processing of any Aggregate Fees; to withhold or reroute the delivery of Aggregate Fees or any other amounts; or to offset all or a portion of Aggregate Fees against amounts that a User owes us in the following situations: We require additional supplementary User information, such as tax information, government-issued identification or other proof of identity, address, or date of birth; We have reason to believe such Aggregate Fees may be subject to dispute; We suspect User fraud; We reasonably believe that a User has breached any provision of the Terms of Service; or We deem such action necessary in connection with any investigation or as required by Applicable Law. Notwithstanding any other provision of the Terms of Service and except as prohibited by Applicable Law, Hsekeeper.com may enforce the disgorgement of Hsekeeper Fees (including reimbursements and taxes, if applicable) from a Hsekeeper, and take any other appropriate action regarding a Hsekeeper's Account where Hsekeeper.com reasonably concludes, at our sole discretion, that: I a Hsekeeper has breached the Terms of Service; or (ii) a Hotel has been charged in error or inappropriately for Hsekeeper services or duplicate transactions pertaining to a Hsekeeper service Contract. Default and Non-Payment of Fees Whenever a User is in “Default”, Hsekeeper.com shall be entitled to the remedies described in the Terms of Service in addition to such other remedies that may be available under Applicable Law. A User is deemed to be in Default on the earliest occurrence of any of the following: The User fails to pay any Hsekeeper Fees, Service Fees or any other amounts when due under a Hsekeeper service Contract or the Terms of Service; The User fails, within a reasonable period but no more than 14 days, to remedy a payment default caused by the decline, expiry or failure of their Payment Method; or The User initiates a chargeback with a bank or other financial institution such that a charge to the User’s Payment Method for Aggregate Fees or any other amount due pursuant to these Terms is reversed or returned to the User; or The User takes other actions or fails to take any action that results in a negative or past-due balance in such User’s Account. If a User is in Default, Hsekeeper.com may, without notice, temporarily or permanently close the User’s Account and revoke the User’s access to the Platform. Notwithstanding the foregoing, the User will remain responsible for any and all Hsekeeper Fees, Service Fees and any other amounts outstanding at the time of Default. Interest on Default A User in Default shall, without limiting other remedies available to it, pay Hsekeeper.com upon demand for all Hsekeeper Fees, Service Fees, and any other amounts outstanding at the time of Default, along with interest on such outstanding amounts computed at the maximum interest permitted by applicable law or one and one-half percent (1.5 percent) per month, whichever is lesser, as well as legal fees and other costs of enforcement and collection. When interacting with a User in Default, Hsekeeper.com may, at its discretion and to the extent allowed by Applicable Law,: (i) deduct amounts owed by the User from other amounts that the User is entitled to receive or that Hsekeeper.com is holding on behalf of the User; (ii) disclose information to credit reporting agencies and law enforcement authorities as appropriate; and (iii) assist credit reporting agencies and law enforcement authorities in any investigation or prosecution pertaining to such a User in Default.
Prohibition Regarding Off-Platform Transactions (Leakage)
You accept and agree that: (i) Hsekeeper.com has invested a significant amount of time, energy, and resources in creating and maintaining the Platform Services so that Hotels can easily and transparently hire Hsekeepers online; and (ii) a significant amount of the money Hsekeeper.com is paid for providing the Platform to Users is collected through the Service Fees outlined in these Terms. Service Fees are only paid to Hsekeeper.com when a Hotel and a Hsekeeper use the Payment Services to pay the Aggregate Fees that are due in accordance with the conditions of a Hsekeeper service contract. Consequently, in relation to any Hsekeeper-Hotel relationship or Hsekeeper services Contract arising out of or facilitated by your use of the Platform, (i) you, if a Hsekeeper, agree to use the Platform and the Payment Services as your sole and exclusive method to invoice, request, process, and receive payment for Hsekeeper services (including fees, disbursements, and taxes, as applicable); and, (ii) if a Hotel, you agree to use the Platform as your sole and exclusive method to request Hsekeeper services and to enter into a Hsekeeper services contract. All of this is subject to the express written consent of Hsekeeper.com. The Platform is not intended to be a way to recruit part-time or full-time employees. If a Hotel hires a Hsekeeper or past-Hsekeeper up to one year after the past-Hsekeeper’s Platform account is deactivated, the Hotel hereby agrees to pay the platform a recruiter’s fee of $14,000 (fourteen thousand dollars) or 20% of the annual salary of the employee so hired, whichever is the greater. This fee applies to hires of Hsekeepers for any roles whatsoever. All parties hereby agree that this recruiter’s fee is a fair payment for the value provided by the platform to facilitate the hire.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (COLLECTIVELY, THE “HSEKEEPER.COM REPRESENTATIVES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE HSEKEEPER.COM REPRESENTATIVE WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY HSEKEEPER.COM CONTENT, WEBSITE MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. Without limitation, the foregoing limitation of liability includes and absolves the Hsekeeper.com Representatives from liability for any damages or losses caused by or arising out of or in connection with: delays or disruptions in our Platform; viruses or other malicious software obtained by accessing, or linking to, our Platform; any loss, damage, or unauthorized access, disclosure, use or breach of security of any personal information in the Company’s possession, custody or control, or otherwise held or processed on its behalf; observation by government or malicious actors through any means; glitches, bugs, errors, or inaccuracies of any kind in or on our Platform; damage to your hardware device from the use of the Platform; the content, actions, or inactions of third parties with respect to the Platform; a suspension or other action taken with respect to your Account; your reliance on the quality, accuracy, or reliability of profiles, Ratings, Reviews, recommendations, and feedback, aggregate information, or metrics found on, used on, or made available through the Platform; and your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to the Terms of Service. THE HSEKEEPER.COM REPRESENTATIVES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM, AND THE HSEKEEPER.COM REPRESENTATIVES WILL NOT BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF A HSEKEEPER.COM REPRESENTATIVE WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF HSEKEEPER SERVICES DELIVERED THROUGH THE PLATFORM.
General Release
This Section addresses your consent, as explained below, to release the Hsekeeper.com Representatives from liability arising from any disagreement you may have with another User. You therefore release the Hsekeeper.com Representatives from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. You also acknowledge that Hsekeeper.com is not a party to any Hsekeeper service Contract between a Hotel and a Hsekeeper. This release covers, without limitation, any disagreements regarding the effectiveness, functionality, and calibre of the housekeeping services that a hotel has hired from a housekeeper as well as any claims for reimbursement arising from disagreements related to those services.
Indemnification
This Section addresses your promise to reimburse us for any expenses or damages we might incur as a result of a lawsuit filed against us over your use of the Platform or your unlawful or damaging behaviour, as explained below. You undertake to defend, indemnify, and hold harmless Hsekeeper.com, its affiliates, and each of our directors, officers, workers, representatives, partners, and agents (collectively, the "Indemnified Parties") from any and all claims, damages, and liabilities resulting from or connected to: the use of the Platform by you or your agents, including any payment obligations or default incurred through use of the Platform; any claim related to a Hsekeeper services Contract and/or the delivery or failure to deliver Hsekeeper services through the Platform; any employment-related claims involving Hsekeeper.com’s classification as an employer or joint employer of a Hsekeeper, including any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; failure to comply with the Terms of Service by you or your agents; failure to comply with Applicable Law by you or your agents; negligence, willful misconduct, or fraud by you or your agents; and defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section, your agents shall include any person who has apparent authority to access or use your Account, as demonstrated by using your username and password.
Hsekeeper.com Remedies
Hsekeeper.com may, in our sole and exclusive discretion, temporarily or permanently: I refuse any Account registration; (ii) refuse to provide any or all Platform Services to you; and/or (iii) deactivate or suspend your Account, subject to applicable laws and without limiting our other rights or remedies. You may not use the Platform under a different Account or reregister under a new Account without Hsekeeper.com's prior written authorization if your Account is suspended, deactivated, or indefinitely terminated. Any data, messages, files, or other material or documentation stored in your account may be deleted, for which Hsekeeper.com shall have no liability whatsoever. If your account is deactivated or suspended for any reason, you may lose access to all of the data, messages, files, or other material or documentation stored in your account, unless otherwise required by applicable law. Hsekeeper.com may maintain any or all of your account information in its sole discretion and as allowed or required by applicable law. You understand and agree that the Platform's worth, standing, and goodwill are dependent on Users—including you and other Users with whom you have service contracts for Hsekeeper—being transparent about the status of their accounts. As a result, you concur with this: Subject to applicable law, HSEKEEPER.COM has the following rights if it decides to suspend or deactivate your account: I notify other users who have entered into HSEKEEPER service contracts with you about the status of your account; and (ii) give those users a summary of the reasons for your account's suspension or deactivation. You acknowledge and agree that HSEKEEPER.COM shall not be liable for any notice it may give to users on the status of their accounts, whether they are suspended or deactivated, or the reason(s) for such actions.
User Claims and Dispute Resolutions (Arbitration Provisions)
If a dispute arises between you and Hsekeeper.com, our goal is to resolve the dispute quickly, cost-effectively, and in a friendly manner. In light of this, you consent to arbitrate any claim, dispute, or controversy that arises from your use of the Platform, from your relationship with Hsekeeper.com or the Platform, or from the termination of any such relationship (collectively, "Claim") in line with the following provisions for dispute resolution (the "Arbitration Provisions"). All Users are subject to the Arbitration Provisions, and the laws of the Province of British Columbia, Canada, will govern and be applied to the interpretation of any claims. Even when your relationship with Hsekeeper.com terminates, the Terms of Service and the Arbitration Provisions remain in effect. Before serving a demand for arbitration of a Claim, you agree to first notify Hsekeeper.com of the Claim by email to [email protected] (a "Notice of Claim"). After then, you will look for an informal, voluntary settlement of the claim. For Hsekeeper.com to assess the validity of the claim and make an effort to settle it, a legitimate claim notice must contain all relevant Account information and a thorough description of the nature of the claim. You agree to pursue further resolution of the Claim only through final and binding arbitration before an impartial arbitrator chosen by Hsekeeper.com, rather than going to court or jury, in the unlikely event that the parties are unable to reach an agreement on a Claim within 60 days of Hsekeeper.com receiving a Claim Notice. Except as otherwise provided herein, arbitration will be conducted in Victoria, British Columbia. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person. The arbitrator may only grant remedies that would have been available had the case been tried in court, and they are required to abide by and apply the laws of the Province of British Columbia. In any court with jurisdiction, the arbitrator's ruling may be subject to judgement. No alteration to the Arbitration Provisions will apply to any subject pending in an arbitration proceeding brought under the Arbitration Provisions, regardless of any other provision of these Terms, unless all parties to that arbitration concur in writing to that amendment. These Arbitration Provisions are the full and complete agreement relating to the formal resolution of Claims and rather than a court, an arbitrator will resolve all claims. The parties specifically agree that any dispute regarding whether the user consented to arbitrate its claim will be resolved by the arbitrator rather than by a court. This includes, but is not limited to, claims that all or part of the arbitration provisions or any other section of the terms of service are void or subject to voidability. In the event any portion of these Arbitration Provisions are deemed unenforceable, the remainder of these Arbitration Provisions will be enforceable. If any portion of the Class Action Waiver is deemed to be unenforceable, you agree that these Arbitration Provisions shall be enforced to the fullest extent permitted by law. Class Action Waiver You agree to bring any Claim in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any Claim to be brought, heard, or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (the “Class Action Waiver”). Notwithstanding any other provision of these Terms, disputes about the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. Hsekeeper.com may lawfully seek enforcement of these Arbitration Provisions and the Class Action Waiver under the Arbitration Act (British Columbia) and seek dismissal of class or collective actions or claims. Opt-Out of Arbitration Provision You may opt out of the preceding Arbitration Provisions by notifying Hsekeeper.com in writing within 30 days of the date you first registered for the Platform. To opt out, you must send a written notification to Hsekeeper.com at [email protected], that includes: Your Account details; Your name; Your address; Your telephone number; Your email address; and A statement saying that you wish to opt out of the Arbitration Provision.
General Provisions
Governing Law The Terms of Service will be interpreted following the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. Any legal proceedings not captured and governed by the Arbitration Provisions must be brought in the courts of Vancouver, British Columbia, Canada unless Hsekeeper.com agrees to some other location in its sole discretion. You and consent to venue and personal jurisdiction in Vancouver, Canada. Severability If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Non-Assignability You may not assign, transfer, or delegate your obligations pursuant to the Terms of Service and your rights and obligations hereunder without our prior written consent. Hsekeeper.com may without restriction assign, transfer or delegate any of its rights and obligations hereunder, at its sole discretion, without notice to you. No Waiver Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly stated in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under Applicable Laws. Entire Agreement Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Terms of Service constitute the entire agreement between Hsekeeper.com and the User pertaining to the subject matter thereof, and supersede any and all prior oral or written understandings or agreements between Hsekeeper.com and you in relation to your access to, and use of, the Platform. Defined Terms Any capitalized terms used in these Terms that are not defined herein shall have the meanings ascribed thereto in our Privacy Policy. “Account” means a Hotel Account or a Hsekeeper Account; “Aggregate Fee” means, as applicable, the sum of the Hsekeeper Fee, Service Fee, government fees, disbursements and applicable Indirect Taxes payable by a Hotel in respect of the delivery of Hsekeeper services pursuant to the terms of a particular Hsekeeper service Contract; “Applicable Laws” means any applicable statute, law, regulation, rule, court order, common law, judgment, decree, other requirement or rule of law of any Governmental Authority having appropriate jurisdiction over the Company and the Platform; “Application” means the Website and any applicable web, mobile, tablet or other smart-device applications, and application program interfaces: “Arbitration Provisions” has the meaning given to such term under the heading User Claims and Dispute Resolution (Arbitration Provisions); “Claim” has the meaning given to such term under the heading User Claims and Dispute Resolution (Arbitration Provisions); “Claim Notice” has the meaning given to such term under the heading User Claims and Dispute Resolution (Arbitration Provisions); “Class Action Waiver” has the meaning given to such term under the heading User Claims and Dispute Resolution (Arbitration Provisions) – Class Action Waiver; “Hotel” means a User, being an Organization, that creates a Hotel Account to request Hsekeeper services. Where a User creates a Hotel Account on behalf of and as an authorized representative or as an agent of an Organization, then the Hotel means that Organization. “Hotel Account” has the meaning given to such term under the heading Hsekeeper.com Accounts – Account Types – Hotel Account; “Company” means Dynamic ASP Inc. DBA Hsekeeper.com; “Default” has the meaning given to such term under the heading Fees and Payments – Default and Non-Payment of Fees “Fixed-Fee Service” means the Hsekeeper services listed on the Platform for which a fixed price is directly associated and which are available for a Hotel to engage a Hsekeeper to complete through the Platform pursuant to a Hsekeeper service Contract; “Hsekeeper.com Content” means documents and information, such as text, photos, audio, video, articles, blog posts, forms, templates, documents, or other materials and information created by Hsekeeper.com or otherwise made available by Hsekeeper.com on or through the Platform, but excludes User Content; "Hsekeeper.com Representatives” has the meaning given to such term under the heading Limitation of Liability; “Government Authority” means any Canadian federal, provincial, territorial or municipal government or political subdivision thereof, or any agency of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations or orders of such organization or authority have the force of Law), or any arbitrator, court or tribunal of competent jurisdiction. “Indirect Taxes” means any harmonized sales tax (HST), provincial sales tax (PST), goods and services tax (GST), value-added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority in connection with the requisition and delivery of Hsekeeper services pursuant to a Hsekeeper service Contract. “Hsekeeper” means a person who creates a Hsekeeper Account to offer, provide, deliver and bill Hsekeeper services through the Platform. “Hsekeeper Account” has the meaning given to such term under the heading Hsekeeper.com Accounts – Account Types – Hsekeeper Account; “Hsekeeper Service Contract“ has the meaning given to such term under the heading Hsekeeper.com Overview; “Hsekeeper services“ means any Fixed-Fee Services or any Custom Quote or Custom Job, as applicable, including any amendments or supplements thereto, that may be requested by a Hotel for delivery by a Hsekeeper over the Platform pursuant to a Hsekeeper service Contract; “Mobile Features” means Platform features that enable Users to access the Platform using a mobile device, including by sending and receiving messages on your mobile device that relate to Hsekeeper.com, the Platform or your Account; “Notices” has the meaning given to such term under the heading Hsekeeper.com Overview – Electronic Communications; “Organization” means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity; “Payment Method” has the meaning given to such term under the heading Fees and Payments – User Payment Methods and Authorizations; “Payment Services” has the meaning given to such term under the heading Fees and Payments; “Payments Data Controller” means the data controller of the payments vendor contracted from time to time by Hsekeeper.com “Platform” means the Website, Application and Platform Services; “Platform Services” means all associated services facilitated by the Website and the Application “Pre-Authorization” has the meaning given to such term under the heading Fees and Payments – User Payment Methods and Authorizations; “Privacy Policy” means the most recent version of the Privacy Policy posted at the following link: https://www.hsekeeper.com/privacy-policy “Proprietary Materials” has the meaning given to such term under the heading The Platform – Ownership; “Rating” means publicly available score, measured on a 5-point scale, that is provided by a Hotel following the delivery of Hsekeeper services pursuant to a Hsekeeper service Contract and in respect of the Hsekeeper that delivered such Hsekeeper services. Ratings reflect the opinions and experiences of individual Hotels and do not reflect the opinion of Hsekeeper.com; “Engagement Agreement” means the most recent version of the Engagement Agreement posted at the following link: https://www.hsekeeper.com/policy/Hsekeeper.com-Engagement; “Review” means a publicly available narrative review that is provided by a Hotel following the delivery of Hsekeeper services pursuant to a Hsekeeper service Contract and in respect of the Hsekeeper that delivered such Hsekeeper services. Hsekeepers can also review hotels in much the same way. Reviews reflect the opinions and experiences of individual Hotels and Hsekeepers and do not reflect the opinion of Hsekeeper.com; “Hotel and or Hsekeeper Service Fee” means the transaction-based service fee payable by the Hotel and or Hsekeeper to Hsekeeper.com in consideration of the Hotel’s and or Hsekeeper’s use of the Platform to enter into a Hsekeeper service Contract, as well as for the advanced search functionality and the Payment Services; “Terms” means these Terms of Use; “Terms of Service” means these Terms together with the Terms of Use, Privacy Policy and Engagement Agreement “User” means any visitor to or user of the Platform, including a Hotel or a Hsekeeper; “User Content” has the meaning given to such term under the heading User Generated Content; “Website” means Hsekeeper.com and any subdomains thereof, and any other websites through which Hsekeeper.com makes its services available. Hsekeeper.com Engagement Agreement Last Updated: August 21, 2023, 27 December 2023, 28 December, 2023, 13 September 2024 Before using our Platform to work with or as a Hsekeeper, please carefully read this Agreement DEFINITIONS “Platform” means the Hsekeeper.com two-sided marketplace platform, a division of Dynamic ASP Inc. “Hotel” and “Hotels” means any hotel or group of hotels that signs up on the platform. “Hsekeeper” means any person that signs up on the platform as a contract hotel housekeeper. Any relationships between Hsekeepers and Hotels that are formed through the Platform are subject to the terms of this agreement. By using the Platform to retain a Hsekeeper, you consent to comply with and be bound by this Agreement. "You" and "your" are terms that relate to the Hotel-client (as defined below). The terms we use to refer to Hsekeeper.com are "we," "us," and "our" (as defined below). Any Hsekeeper who agrees to supply you Services does so in compliance with the provisions of this Agreement and our Terms of Use. Two main reasons why this agreement matters: It first creates a relationship between the Hsekeeper and the hotel, triggering the Hsekeeper's duties to you as their Hotel-client and protects the Hotel and the Hsekeeper. Second, it delineates the various responsibilities that each party has to the other and the rules that apply to Hotels and Hsekeepers in this Engagement to contract Hsekeeper services. The scope of the Engagement under this Agreement is restricted to the Services (as listed below) that Hotels and Hsekeepers have decided to carry out via the Platform. This implies that Hotels are in charge of running the rest of their organisations and that the Hsekeepers are just responsible for performing the Services. It is the duty of both parties to go over this Agreement. Do not use the Platform at any point if you disagree with this Agreement. Please get in touch with the Platform if you have any issues concerning this Agreement. Hsekeeper.com Disclaimer: Hsekeeper.com is not an employment agency or a supplier of any kind of labour for hire. The platform does not engage in the performance of Hsekeeper services, or any kind of hotel housekeeping directly. Hsekeeper.com provides the Platform to facilitate Hotels’ ability to connect with our network of independent contractors for hotel housekeeping (called Hsekeepers) for the provision of Shift or Fixed-Fee Services. Hsekeeper.com does not guarantee or review the quality, suitability, sufficiency or outcome of any Shift or Fixed-Fee Service offered or completed through the Platform, including the Services. You are aware that any Shift or Fixed-Fee Service, including the Services, is subject to inherent risks and other factors beyond Hsekeeper.com’s control. You acknowledge that Hsekeeper.com has not provided you any hotel housekeeping work or on-site labour of any kind.
Hotel-client Acknowledgment Concerning Limited Scope Engagement
Definitions
Scope of Representation
Termination of Engagement
Fees
Payment
Incorporation of Hsekeeper.com Policies
Hotel-client Cooperation
Consent & Performing Services at Multiple Hotels
Capacity to Contract
Severability
Governing Law
Entire Agreement
Effective Time
Hotel-Client Acknowledgement Concerning Limited Scope Engagement
You acknowledge and confirm that, by using the Platform to retain and engage a Hsekeeper to complete the Services, you have had the opportunity to ask questions about this Agreement and the terms and conditions outlined herein; you have not received any guarantees or promises regarding the outcome of the Services; you are responsible for all aspects of your housekeeping department that are not specifically included or encompassed by the Services; and you have understood this Agreement and all other Hsekeeper.com Policies (as defined below) which are incorporated by reference herein.
Definitions
Terms that are capitalised but not otherwise defined below will have the meaning specified in our Terms of Use. “Aggregate Fee” has the meaning given to such term in clause 5 of this Agreement (Fees); “Agreement” means this limited scope Engagement agreement entered into over the Platform to form a binding Hsekeeper-Hotel relationship between Hotel and Hsekeeper for the delivery of the Services; “Application” means, collectively, the Website together with any applicable Hsekeeper.com mobile, tablet, or other smart-device applications and application program interfaces and all associated services; “Hotel-client” means a User, being a hotel Organization, that creates a Hotel-client Account to request Hsekeeper services. Where a User creates a Hotel-client Account on behalf of and as an authorized representative or as an agent of an Organization, then the Hotel-client means that Organization. “Cookie Policy” means the most recent version of the cookie policy posted on the Website; “Fixed-Fee Service” means the Hsekeeper services listed on the Platform for which a fixed price is directly associated and which are available for a Hotel-client to engage a Hsekeeper to complete through the Platform; “Hsekeeper.com” means Hsekeeper.com a division of Dynamic ASP Inc, a body corporate incorporated under the federal laws of Canada, together with any affiliate or associate of Dynamic ASP Inc. and any successor thereof; “Hsekeeper.com Policies” means the Privacy Policy, Cookie Policy and the Terms of Service; “Hsekeeper.com Service Fee” means the then current and applicable transaction-based service fee payable by the Hotel-client to Hsekeeper.com in consideration of the Hotel-client’s use of the Platform for the purchase of the Services, as well as for the advanced search functionality and payment administration services facilitated by the Platform. This fee is published on the Hsekeeper.com website; “Hsekeeper.com Hsekeeper Service Fee” means the then current and applicable transaction-based service fee payable by the Hsekeeper to Hsekeeper.com in consideration of the Hsekeeper’s use of the Platform for the sale of the Services, as well as for the advanced search functionality and payment administration services facilitated by the Platform. This fee is paid by the Hsekeeper and is not part of the aggregate fees payable by a hotel. This fee is published on the Hsekeeper.com website; “Hsekeeper” means an individual that you engage through the Platform to provide the Services; “Hsekeeper Fee” means the fee payable by the Hotel-client to the Hsekeeper in consideration of the Hsekeeper’s completion and delivery of the Services, with payment of such Hsekeeper Fee being facilitated by the Platform; “Organization” means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity; “Platform” means the Application, Website, and any associated services provided by Hsekeeper.com; “Privacy Policy” means the most recent version of the privacy policy posted at the following link: www.Hsekeeper.com/privacy-policy; “Services” means the Fixed-Fee Services and/or any Shift, as applicable, including any amendments or supplements thereto, requested by a Hotel-client and agreed to be delivered by a Hsekeeper over the Platform; “Shift” means a unique group of consecutive hours plus government mandated breaks, available to one Hsekeeper at a specific start time and date. A Shift includes a set number of hours and a corresponding offered hourly fee rate. “Shift Schedule” means any unique grouping of Shifts available to an individual Hsekeeper at specific start times and dates. “Terms of Use” means the most recent version of the terms of use posted at the following link www.Hsekeeper.com/Terms; “User” refers to the individual that has visited the Website and/or Application and created an Account to purchase or offer Services over the Platform; and “Website” means the Hsekeeper.com website located at www.Hsekeeper.com and web-application, including any subdomains thereof, and any other websites through which Hsekeeper.com makes its services available.
Scope of Engagement
The scope of this engagement pertains only to the Services. Any further transactions or arrangements of any type are not included. The Hsekeeper will handle work related to the Services.
Termination of Engagement
The engagement created pursuant to this agreement shall come to an end when the Shift hours are completed or the Services are completed and delivered, at which point the Hsekeeper will no longer be obligated to the Hotel. As a result, the Hotel will use the platform to start a new engagement for each new shift or schedule of shifts if the Hotel requires additional Hsekeeper Shifts or Services.
Fees
The aggregate fee for the Services (the “Aggregate Fee”) is the total of all relevant taxes, disbursements, and government fees, as well as the Hsekeeper Fee mentioned in the Hotel Shift or linked to the Fixed-Fee Service, if applicable. Any increase in the range of services will be provided by offering extra shifts or services that have been arranged through the platform between the Hsekeeper and the Hotel client. Each additional shift will come with new aggregate fees.
Payment
When the Shift or Services as per this agreement are completed, Your Hsekeeper will invoice you through the Platform for the total Aggregate Fee payable for the Shift or Services. If the shift is not completed for any reason, you will be invoiced for the part of the shift that was completed, rounded up to the nearest 15 minutes or the minimum payment required by law, whichever is the greater. The Hotel-client hereby expressly authorizes Hsekeeper.com to immediately debit the automatic Payment Method associated with the Hotel-client’s Account, for payment of the Aggregate Fee, on delivery of invoice. In the event that the Hotel fails to complete payment of the Aggregate Fee, the Hotel agrees that all Hsekeepers may at any time thereafter cease any further work in respect of any other Services procured by you through the Platform, and that the Platform may at any time thereafter suspend or terminate the Hotel’s account.
Incorporation of Hsekeeper.com Policies
The Hsekeeper.com Policies are incorporated by reference into and form part of this Agreement. The Hotel and Hsekeeper agree to be bound by this Agreement and the Hsekeeper.com Policies.
Hotel-client Cooperation
The Hotel agrees to assist and cooperate fully and professionally with the Hsekeeper with respect to the completion of the Shift or Services. Among other things the Hotel will provide a housekeeping cart fully stocked to your hotel’s standard, all necessary physical and digital access to your infrastructure at all times, including access to any hotel housekeeping technology needed in the standard course of completing the Services to your standards at your hotel. You will also provide timely access to supervisors for guidance, training and assistance at all times. You will provide any uniforms you require, appropriate changing and locker facilities, a break room and all other amenities and assistance that is standard and typical for any hotel housekeeper or housekeeping department employee.
Consent & Performing Services at Multiple Hotels
It is expected that Hsekeepers offering their services through the Platform may now or in the future work for other hotels besides the hotel Organization that is party to this agreement. The Hotel hereby agrees that any Hsekeepers that offer their services through the Platform may continue to provide services or may in the future provide services to new or existing hotel-clients in any capacity. The Hotel hereby agrees, acknowledges and confirms that Hsekeeper.com has no obligation to notify the Hotel if any Hsekeeper offers their services to other hotels through the Platform, now or in the future.
Capacity to Contract
The Hotel-client hereby represents and warrants that the individual that created the Hotel-client Account has all authority and capacity to contract on behalf of the Hotel-client.
Severability
If any term, provision, covenant, or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions shall continue in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.
Governing Law
This Agreement, and all questions relating to its validity, interpretation, performance, and enforcement, is governed by British Columbia law without regard to its principles of conflicts of law. In the event that a dispute arises in respect of the Shift or Services and Hsekeeper.com is named in such dispute, you agree that the courts of British Columbia shall be the exclusive forums for litigation concerning this Agreement. You consent to personal jurisdiction in such courts as well as service of process by notice sent by regular mail to the address associated with your Account or by any means authorized by British Columbia law.
Entire Agreement
This Agreement, together with the Hsekeeper.com Policies, constitutes the sole and entire agreement between Hsekeeper.com, the Hotel and the Hsekeeper with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Shifts and Services.
Effective Time
This Agreement comes into effect immediately upon the Hotel-client agreeing and accepting the terms of this Agreement to book and initiate the Shift and or Services. By agreeing and accepting the terms of this Agreement to book and initiate the Shift and or Services, you confirm that you have had an opportunity to consult with independent counsel regarding the terms of this Agreement.