TERMS OF SERVICE
Updated Feb 10th, 2024
OVERVIEW
This website is operated by ShinyLemon Throughout the site, the terms “the Company, refer to ShinyLemon. Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Stripe. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least 18 years old. You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
Services
Shiny Lemon is a platform through which customers schedule jobs and providers are assigned to complete the job. When a job is posted, Shiny Lemon will pre-authorize a payment card. We assign a provider(s) to do the job based on their location and other criteria. Once a job has been completed Shiny Lemon collects payment from the customer and pays the provider(s). Shiny Lemon takes a commission for introducing the parties. Shiny Lemon does not allow cash transactions.
It is free to register with Shiny Lemon. You must be registered before you can schedule a job and we will ask you to provide certain information including your mobile number and payment card or account details.
We will attempt to match you with service professionals near your area. We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.
All our contractors are undergo criminal record check in Nova Scotia, insured and bonded.
Offers, Promotions and Referrals
Shiny Lemon may make available to you offers, discounts and other promotions, including our referral programs (each a “Promotion,” collectively “Promotions”). Promotions may expire and are subject to change without notice. Promotions, including payments and rewards received as a result of any Promotion, are nontransferable and cannot be combined with any other Promotion or redeemed for cash. In order to secure jobs for Service Providers using our platform, Shiny Lemon offers promotions/discounts and time to time, the Service Provider(s) may be subject to receive payment out of the discounted rate.
Refer a Friend and Referral fee
You will also be entitled to receive the Refer a Friend Bonus (the “RF Bonus”) if: Following a referral by you of a friend to Shiny Lemon (in accordance with the referral procedure of Shiny Lemon), the friend opens a user account with Shiny Lemon, When gaining a lot of referral credits you must make sure each credit comes from a new invite friend or one per household. If either you or the Friend are entitled to receive any other bonus, prize or benefit from Shiny Lemon in connection with the activities that give rise to the entitlement to the RF Bonus, then you and the Friend will receive the higher of the RF Bonus or the other bonus, prize or benefit to be decided at the sole discretion of Shiny Lemon.
There is no limit on the number of RF Bonuses you may receive, subject to these terms and conditions. For the avoidance of doubt, it is hereby clarified that an RF Bonus will be granted once per Friend. Shiny Lemon’s decision is final on all matters relating to the awarding of the RF Bonus and shall not be subject to review or appeal by you or any third party.
Use of the Services
As a User of the Services you agree to the following:
To register and create an account for your personal or business use only. You may not authorize others to use your account and you may not assign or transfer your account to any other person or entity. You may register only one account. You are responsible for keeping any registration details confidential including your password. You acknowledge that Shiny Lemon is not responsible for any third party access to your account and the consequences thereof, howsoever caused.
The website and mobile apps are intended to be used in the Canada only and there may be further geographical limitations for use of the Services within the Canada as amended from time to time. As a Customer you may Post Jobs that are to be completed within the country stipulated only.
You are responsible and assume liability for all information and User Content that you add to the website and mobile apps. Details of how Shiny Lemon may use any information and content are provided in the Privacy Policy.
You assume all risk when using the Services, including, but not limited to, any risks associated with interacting with other people. You acknowledge that Shiny Lemon is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them. Shiny Lemon will assign a Posted Job to a Provider(s) who we consider best able to do the Job. Shiny Lemon reserves the right, but is not under any obligation, to monitor information that is submitted to the website and mobile apps and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of this Agreement, or upon the request of a third party.
Account and Registration
In order to Post a Job or be assigned a Job that has been posted you must register and create an Account with Shiny Lemon. This is done directly with the Shiny Lemon website or mobile app. The Customer app is available for free download from the Apple and other app stores. The Provider app is distributed at our sole discretion during Provider On-Boarding.
It is possible to register with Shiny Lemon using login information with other third party social networking sites including, but not limited to Facebook. If you use Facebook or other third party social networking sites you warrant that you are entitled to disclose to Shiny Lemon your third party login information without breach of the terms and conditions of the third party site. By granting Shiny Lemon access to your third party account you acknowledge that Shiny Lemon will access certain information and may store and use this information.
When you create an Account with Shiny Lemon we ask you to provide information about yourself, including payment information. You warrant that the information you provide is true, that it relates to you and is entirely accurate. We may, at our sole discretion, take steps to validate any identification, payment or other information you provide to Shiny Lemon. We may use third party agencies to undertake this validation, and in accepting these Terms you accept Shiny Lemon may take such steps to confirm your identity and other details you provide. We may reject the creation of an Account at our absolute discretion.
When you register as a Shiny Lemon Provider we will ask you for more information, which may include ID, proof of address, SIN, criminal record check and right to work in Canada. We may ask you for evidence that you hold public liability insurance. We also ask for your bank account details. It is a condition of registering with Shiny Lemon as a Provider that you hold a Canada bank or building society account into which payments from Shiny Lemon will be made.
It is a condition of the use of Shiny Lemon that you provide us with your mobile phone number.
Trust Issues
Shiny Lemon takes reasonable steps to On-Board Providers who are experienced in the Services they provide. We check ID, proof of address and right to work and take reasonable steps to determine experience, which may include reference checking. The Parties may review each other at the end of a Job and these reviews may be available to provide assurance. Shiny Lemon does not accept liability on the suitability of the Provider(s) to do Jobs or the quality of the outcome.
Descriptions of Job
As a Shiny Lemon Customer you can create a Job. The Job will include a description, location and a price that is predetermined by Shiny Lemon, either per hour or per job. You may also upload photographs relating to the Job and in so doing you agree not to submit photographs that are likely to offend. Likewise, providers may take photos and videos and upload photos relating to the Job for quality assurance purposes.
Shiny Lemon will assign a Provider(s) to the Job and the Provider(s) will normally be available within 24 hours. We provide an estimate of the arrival time at the time of posting the job; this time is indicative and may vary.
Cancellation Policy
You may cancel a Job anytime; after the given period displayed on the applications or website, the minimum fee will be charged. If cancelled within the grace period displayed, no fee will be due. If our professionals arrive at the job location and are unable to contact you or gain access to the job location they will message and attempt to contact you for 20 minutes, after which you will be charged the minimum fee and the job will be cancelled.
When booking a recurring service and canceling after the 1st appointment, the difference in the frequency discount will be charged. We offer recurring discounts for clients who book Shiny Lemon Services and are on weekly, every other week, or monthly cleanings. As a result, the first appointment is automatically discounted.
Card Pre-Authorization
When a Customer Posts a Job we may pre-authorize payment of a minimum of $1 on the payment card added to the platform. A Job will only be posted when the pre-authorization is successfully received. This pre-authorization will be released if the Job is cancelled or at the time of final payment. Typically the pre-authorized amount is equal or around the job amount.
We reserve the right to take the pre-authorization amount in the event the payment for a job is not fully collected and you accept our right to do this.
Pricing
A Job is posted at a pre-determined price, which may be per hour or per Job. The price includes Shiny Lemon’s commission, which is a percentage of the price of the Job and may vary from time to time at Shiny Lemon’s sole discretion. For Jobs that have a per hour price the minimum hourly requirement will be charged in full regardless of the time spent by the Provider in doing the Job. Subsequent hours after the minimum hourly requirement will be charged per minute. Shiny Lemon reserves the right to change prices at any time.
Payment
When a Job is completed Shiny Lemon calculates the final amount to be paid, including applicable discounts. The Customer may release payment or Shiny Lemon may take payment.
The Customer agrees to hold sufficient funds in their account to pay the final amount as it becomes due and will not Post a Job unless they can pay for it. We may, at our sole discretion, not allow a Customer to Post a Job if we are outstanding the payment for a prior Job.
Shiny Lemon does not accept cash payments. All Jobs are posted using a valid payment card and final payment is taken from the card once the Job is completed. Shiny Lemon reserves the right not to accept certain payment cards including, but not limited to, pre-payment cards.
Shiny Lemon Providers are paid up to 14 working days after the Customer has paid for the Job, directly into a nominated bank account.
Payment Services
Shiny Lemon may use Payment Services at our complete discretion to facilitate payment card processing. Shiny Lemon will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services.
Shiny Lemon does not directly hold payment card information.
Shiny Lemon will be responsible for paying the fees charged by the Payment Services.
Disputes and Dispute Resolution
If the Customer is not satisfied that the Provider has completed the Job to the performance and/or quality the Customer may reasonably expect, the Parties may enter into a Dispute. The Parties may also enter into a Dispute if the Provider is not satisfied the Customer has correctly described the Job to be done. In the event of a Dispute the Parties hereby agree to negotiate a settlement in good faith and Shiny Lemon will act on behalf of the Provider to reach a mutually agreed settlement between the Parties, with the exception to extreme circumstances, including but not limited to claims of theft and property damage. In the cases of extreme circumstance the Provider is responsible for all settlements and liability in reaching a settlement between the parties.
If the Parties cannot reach resolution between themselves it will be escalated to Shiny Lemon and we will offer a recommendation for settlement of the Dispute. Shiny Lemon will request information to be provided by both Provider(s) and Customer and you agree to provide information that may be reasonably available to support Shiny Lemon in proposing a resolution. The Parties are under no obligation to accept any recommendation from Shiny Lemon, which is not binding.
In its decision Shiny Lemon may impose a solution on the Parties, which may include a solution for final payment. In so-doing the Parties accept that Shiny Lemon may impose such a solution. Should either Party decide to take further action beyond Shiny Lemon’s final decision, Shiny Lemon will provide information to a court or other body of competent jurisdiction and will absorb reasonable expenses in so doing. In no event will Shiny Lemon incur costs higher than the original agreed price of the Job.
Shiny Lemon reserves the right, at our sole discretion, to terminate the account of a User who it deems is entering into an excessive number of Disputes.
Loss or Damage
If the Customer suffers loss or damage to their property and attributes the loss or damage to a Provider(s), in the first instance the Parties should try to resolve between themselves, which Shiny Lemon may facilitate. Shiny Lemon will initiate a claims procedure if the loss or damage is reported to us and may take further action including reporting the matter to the police.
The absolute limit on any damage claim that we accept on behalf of the Provider(s) is $50 or up to the total of the Job.
Recommendations and Reviews
Customers and Providers are encouraged to offer reviews for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Provider with who you have engaged.
Shiny Lemon reserves the right to terminate the Accounts of Users who repeatedly receive poor reviews from Providers.
Shiny Lemon reserves the right to leave a review on customer behalf if feedback is provided over the phone to a representative. Customer can modify this review at any time from inside their dashboard.
Promocodes and Vouchers
Shiny Lemon may at our discretion issue a Promocode (or Voucher) to a Customer offering a discount from the total price of a Job. Such Promocodes are one time usage codes, have a finite expiry date and may only be applied one code per job. If the full value of a Promocode is not used in a Job the residual unused value will be lost. A Promocode may be withdrawn at anytime at our sole discretion.
Only one promocode may be used per household.
In order for the Promocode to be applied to a Job it must be entered into the app/site before the completion of a Job. The Customer will be still be required to enter a payment card when a Promocode is used in order that any payment in excess of the value of the Promocode may be charged.
If the Customer has entered more than one Promocode into the app the highest value unexpired code will be redeemed first, one per Job.
When entering a Promocode the Customer will receive a message that it has been successfully entered. At Shiny Lemon’s discretion we may or may not provide any further information about a Promocode and we do not guarantee a Promocode may be applied to any particular Job.
Recurring Price Structure
If you decide not to continue our recurring service after the first cleaning, you will be charged the one time cleaning price.
Late Cancellations
Because we reserve a time specifically for you, please make any schedule changes before 12 p.m. the day before service to avoid incurring a $50 cancellation, rescheduling or postponing fee. We appreciate your understanding.
Right to Refuse Service
Providers have the choice to leave upon arrival if the home is in extreme condition, excessively cluttered or feel unsafe/threatened. If you book a cleaning online that is not reasonable, such as a cleaning up after a large party, the providers may refuse service on the spot and you will be charged the maximum cancellation fee. You can view the services we provide and do not provide on our services page: https://www.kingofmaids.com/services
Confirmation
Booking a service over the phone or online doesn’t guarantee you a spot for that date/time. You will be contacted by email with a confirmation once the booking is confirmed. From time to time, we may need to cancel your appointment last minute due to but not limited to, an emergency or an overbooking. This does not usually happen, but on occasion, it does. If such last-minute cancellation occurs, Shiny Lemon is not liable.
Refunds/Re-Cleans
Any refunds will not be given if not contacted within 24 hours of the cleaning with photos emailed of missed areas nor will any re-cleans be done if not notified within 24 hours with photos emailed of missed areas. King of Maids has the right to determine if a Refund or Re-clean should be offered. Re-clean must be scheduled within 3 days of the original cleaning.
Price Adjustments
If the pricing calculator underestimates the price of your cleaning and the condition of your home is much worse than predicted or the Provider is not happy with the price given, we do have permission to either adjust the price or refuse the service.
Website Pages
Not all pages on the site may be 100% correct or up to date.
Use
You have our permission to solely electronically copy and print hard copies of pages from this web site for personal AND/OR non-commercial reasons related to placing an order or shopping with us. Unless we give you written permission in advance, any other use of this web site, its content and its information, including linking or framing to this web site, is strictly prohibited.
llness, health, and COVID-19
Shiny Lemon CAN NOT guarantee our service providers have not come in contact with the novel coronavirus (Covid-19) or any other illness or virus. Not all of our cleaners are fully vaccinated for COVID-19. If you require your cleaner to be fully vaccinated, please get in touch with us so we can check our records and verify. Our contractors do their absolute best with personal protective equipment but also reserve the right to decline a job if they have concerns for their health and safety. Additionally, we ask that our Customers work with our Providers to practice social distancing.
User Communication
Shiny Lemon is pleased to hear from users and welcomes your comments regarding our products and services. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Shiny Lemon on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”).
By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Shiny Lemon does not endorse or sponsor any such User Communications submitted by you or other users of this website.
Shiny Lemon reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Shiny Lemon will fully cooperate with any law enforcement authorities or court order requesting or directing Shiny Lemon to disclose the identity of anyone posting any such information or materials.
Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.
Disclaimer
The materials on this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Shiny Lemon expressly disclaims any duty to update or revise the materials on this website, although Shiny Lemon may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Shiny Lemon shall not be liable for any damages of any kind related to your use of this website.
Indemnification
You agree to indemnify, defend, and hold harmless each of Shiny Lemon its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this Site, Company, or APP, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.
Errors and Omissions
Occasionally there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice to you.
Modification and Notice
You agree that Shiny Lemon may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Intellectual Property
This Site and all of its contents, including, but not limited to its text, photographs, images, illustrations, graphics, logos, formatting, audio, video, selection, arrangement and overall website design and appearance (collectively, the “Intellectual Property”) are protected by copyright, trade dress, trademark and other laws of the Canada. The Intellectual Property displayed on or as a part of this Site is owned and controlled by Shiny Lemon or the party credited as the provider of the Intellectual Property. If Shiny Lemon uses the Intellectual Property of another owner it is for descriptive purposes only and this property remains the property of those respective owners. Any mention of Intellectual Property held by a third party should not be construed as an affiliation of Shiny Lemon with the third party or as an endorsement of its products or services.
All remarks, suggestions, ideas, registration information or other information communicated to Shiny Lemon through this Site (collectively, the “Information”) will forever be the property of Shiny Lemon. Shiny Lemon will not be required to treat any Information from you as confidential, will not be liable for any ideas communicated for use by Shiny Lemon (including without limitation, service or advertising ideas) and will not incur any liability as a result of any similarities between the Information and Shiny Lemon’ business that may appear in the future. Without limitation, Shiny Lemon will have exclusive ownership of all present and future existing rights to the Information of every kind and nature everywhere. Shiny Lemon will be entitled to use the Information for any commercial, marketing or other purpose whatsoever without compensation to you or any other person communicating the Information. Any Information that may be received at this Company, Site or APP is provided voluntarily by you. Certain Information about you may also be subject to Shiny Lemon’ Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Shiny Lemon, have full responsibility for the message, including, but not limited to its legality, reliability, appropriateness, originality and copyright.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Shiny Lemon has adopted a policy of terminating and barring, in appropriate circumstances and at Shiny Lemon’s sole discretion, site users or account holders who are deemed to be repeat infringers. Shiny Lemon may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints.
If you believe that anything on the Shiny Lemon Service infringes upon any copyright that you own or control, you may file a notification with Shiny Lemon’s Designated Agent as set forth below:
ATTN: LEGAL
Shiny Lemon Copyright Agent
Email Address of Designated Agent: support@shinylemon.ca
If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Shiny Lemon or the alleged infringer as the result of Shiny Lemon’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Trademarks and Service Marks
All marks and logos featured in this Web site, including, but not limited to Shiny Lemon trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shiny Lemon or its affiliates. All page headers or logos may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shiny Lemon or its affiliates.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shiny Lemon.
Links to Other Websites
This Site may contain links to other websites. Shiny Lemon assumes no responsibility for the content or functionality of any non- Shiny Lemon website to which we provide a link.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Assumption of Risk
You acknowledge and agree that there are risks associated with utilizing an Internet-based marketplace for the sale of goods, including but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account. You acknowledge and agree that Shiny Lemon will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Shiny Lemon Service, however caused.
Shiny Lemon takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of the Shiny Lemon Service, including, but not limited to, any losses, damages or claims arising from (a) server failure or data loss, (b) forgotten passwords, or (c) “phishing,” spam, viruses, third-party attacks or any other unauthorized third-party activities.
Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Nova Scotia, Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Shiny Lemon Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Shiny Lemon for the Shiny Lemon Service or for any other Shiny Lemon product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Shiny Lemon, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Notices
We may send you any notices by email to the address that you have provided. You will be deemed to have received a notice at the time that the email is sent. Please keep your email address information up to date.
Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at: support@shinylemon.ca
Terms and Conditions were last updated on February 10, 2024