Stuff Our Lawyers Want You To Know
We provide our Services on an “as is” and “where as” basis. You may cancel at anytime without any penalty (Unless you are under a commercial contract).
You pay for the service of garbage pickup ("Service") and we agree to pick up your garbage on the scheduled date on an as is basis. Sometimes this might change do to circumstances beyond our control. However over the last 2 years we have maintained a 100% pickup rate on our customers scheduled date.
We do not guarantee a pick up time, but will endeavour to pick up your garbage during our normal operational hours. Sometimes depending on weather, traffic and Acts beyond our control this may be later or earlier than expected. If the rare event where we miss a pickup we will do our best to come back. If there is Acts of god - we may have to come back on a different day. (We will do our best to notify you in advance where possible) but acts of God may delay our services and in such cases you agree not to hold GarbageBuddy liable.
Waste must be put out by 7:00AM for residential and 6:00AM for commercial or multi tenant properties.
We follow all waste regulations for the disposal of trash and recyclables as set forth by your City. That means we expect you to do the same. If you are not sure what you can put out in your garbage/recycling, please check out your local City’s waste management website for all the rules and regulations. We have the right to refuse service at all times and our services are subject to availability.
We reserve the right to cancel your service at anytime. That means if you leave us a pile of bricks or try to fit cement blocks into garbage bags and expect us to pick it up- we won’t. If you abuse our service - we are unable to provide you with any refund. We provide a service and expect the reasonable use and enjoyment of our services by our customers. Anything excessive just can not be tolerated and we will either let you know with a courtesy call or you might just find when you arrive home your garbage is still there with a friendly note on it. In the event where there is a dispute which we are found liable the maximum liability that we have to you is $20.00 (or the amount of money you would have paid to GarbageBuddy for 1 day of service).
At no time will GarbageBuddy be liable for any consequential or inconsequential damages as a result of our services or failure to provide service or liable for any damage however caused when providing services to you. If you miss our service, because you put out your garbage late, we will do our best to come back (if we can) either the same day or on our next pickup in your area. Please note that we treat all our customers like we would want to be treated, however if we come to pick up, and you slept in and missed a GarbageBuddy pick up, we can't refund you. However as mentioned previously we will do our best to re-accommodate you with a courtesy pickup.
Customer assumes all liability, costs and risks for any property damage caused as a result of or associated with the service. GarbageBuddy is not responsible for any property damage or damage caused to vehicles as a result of our service. Customer is advised to keep areas around bins clear. This includes but is not limited to vehicles, equipment and other items that may get destroyed or damaged while we carry out our services. Customer agrees to fully release and indemnify and hold GarbageBuddy harmless from any and all claims against any property damage however caused, regardless of whether or not damage was caused by direct or indirect negligence, acts of god, accident or carelessness. Not limiting the foregoing, any and all damage must be reported in writing to GarbageBuddy within 24 hours of occurrence. In no event shall GarbageBuddy its staff, contractors, sub-contractors, employees, agents, be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, property damage, vehicle damage or any other pecuniary loss) arising out of the use of the Service or inability for GarbageBuddy to provide the Service even if GarbageBuddy is aware of the possibility of such damages and known defects.
Residential customers without a contract may cancel a monthly service at anytime by notifying us at least 5 business days prior to your next pickup so that we may have time to remove you from our schedule. For annual residential plan members you may cancel at anytime. Please note that if you are an annual plan member and you cancel prior to the end of your term your service will be prorated based on the current monthly price. For residential customers on a monthly plan you must cancel before your next billing cycle or before you have had a pick up in that month. If you require only one pickup in that month and cancel mid month you will be charged the full monthly rate. Please note that all refunds process within 7 to 10 business days back to the original payment method on file.
For commercial customers, condo's, multi residential units, property management offices, where a contract is in place the Terms of the Contract together with these Terms & Conditions govern your service. There is no termination for convenience. In the event of termination or early cancelation, the customer is required to buy out the remaining balance of the contract which you agree may be automatically charged to your payment method on file upon notice of cancellation or potential default.
All payments are due and must be received on the first of the month to avoid interest charges and administrative fee's. In the event where any client is in arrears we will suspend services until payment in full has been received. A suspended services for non-payment does not relieve customers of their contract liabilities. We will attempt to work with all clients to provide uninterrupted services however the final decision is that of Garbage Buddy as to suspend or continue services pending receipt of payment.
We care about the environment, we have kids and really want the world to be a better place. So please no illegal dumping, hazardous waste, paint cans, solvents, explosives etc.... We will leave behind any of the items which we deem to be unreasonable or not acceptable by our service. Please see our list of Items We Don’t Accept below. There is no refunds for partial service. This means if you leave out 5 bags, and one of the bags contains bricks, and we take the other 4 bags- you will be charged, and will not be eligible for any refund or our Satisfaction Guarantee. Tires are billed at a rate of $15/per tire.
In the event that You have a dispute with GarbageBuddy, its employees, Contractors or representatives, You agree to release Garbage Buddy Inc, and indemnify our officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands, liability and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Items that we don’t accept:
We do NOT accept the following items as part of our garbage removal service. However some items on this list are accepted when pre-arranged as part of our junk removal service. If they have not been pre-arranged they will be left behind. Please dispose of properly. This is a partial list and not an exhaustive list. Please contact us in advance if you have questions and we will provide written authorization for any item that may be of concern.
Yard & Building Waste (Only Accepted as part of our junk removal service)
Bricks & Rebar (Only Accepted as part of our junk removal service)
Cement (Only Accepted as part of our junk removal service)
Chemicals
Compost
Construction Debris (Only Accepted as part of our junk removal service)
Plants & Trees (Only Accepted as part of our junk removal service)
Yard Waste (Only Accepted as part of our junk removal service)
Dangerous Materials
Asbestos
Ammunition
Biological or Bio-Hazardous Waste
Explosives
High Pressure Cylinders
Medical Waste
Radioactive Materials
Sharps or Syringes
Flammable Products
CO2 Cartridges
Diesel Fuel
Fire Extinguishers
Gas / Oil Mix
Helium Tanks
Home Heating Oil
Kerosine
Lighter Fluid
Propane Tanks
When we have a problem you agree that where you are bringing an action against GarbageBuddy you agree to settle such a dispute by way of arbitration. Any controversy or claim arising out or relating to this contract or the breach thereof, shall be settled by arbitration administered by Canadian Arbitration under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator (s) may be entered in any court having jurisdiction thereof. Where GarbageBuddy may bring an action against you we reserve the right to either bring a civil or small claims action through the courts located in Province of Ontario or settle such dispute by means of arbitration administered by the Canadian Arbitration Administration as we see fit. You agree that where GarbageBuddy selects mediation and arbitration to settle a dispute you agree that all costs shall be the responsibility of the Client and fully recoverable by Garbage Buddy as part of any settlement or agreement to settle offer.
E-mail communications and text messages sent from Us or through Us are designed to make Your experience more efficient. By becoming a Customer or registering on our website You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about service related items and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. GarbageBuddy reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
Online Content Disclaimer. Opinions, advice, statements, offers, or other information or content made available outside of GarbageBuddy, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information nor do we endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants.
Bin rentals. Where Garbage Buddy has provided you or rented you (a Customer) a bin you agree to be held liable and responsible for the bin and any damage. We understand reasonable use, however any excessive damage, non approved modifications, loss or vandalism to the bin, shall be the responsibility of the Customer whereas the customer shall be liable to GarbageBuddy for the full replacement costs, including shipping and handling. At the end of any contract terms the GarbageBuddy will collect the bins and assess any costs or damages within 90 days.
Commercial Clients. Excess garbage is billed accordingly as per your agreements. Garbage Buddy reserves the right to bill overages on a weekly, monthly or annual basis. Except as explicitly stated otherwise, any notices to GarbageBuddy Inc., shall be given by certified mail, postage prepaid and return receipt requested to 1500 Avenue Road, Suite 1348, Toronto Ontario, Canada, M5M0A0 any notices to You shall be provided to You via the email address You provide to GarbageBuddy during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to GarbageBuddy during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should contact Our Customer Service Department by email at info@GarbageBuddy.ca
Your Information is any information You provide, publish or display (“post”) to GarbageBuddy. Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information. When You use the GarbageBuddy, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
Failed Payments, chargebacks and collections: In the event where a payment fails, or you fail to make payment for services rendered we will reach out to you to try to correct the situation. In the event where we are not able to collect payment from you or you have not settled your account in full within 7 business days (from the point where we have notified you by email), you agree that we may charge interest on any outstanding and unpaid balances at the highest rate allowable by law, plus a $75 per month service fee until all outstanding payments have been made in full. If you have initiated a chargeback against us where services have already been satisfactorily provided and we must defend such chargebacks, you agree to be held liable for our "Stated Costs and damages" which are hereby stated at $1200.00 for each chargeback request made. This covers the cost to respond to the chargeback and damages we incur as a result of your actions, whether or not the credit card company sides with us or not. You agree that in order to avoid the Stated costs you will reach out to Us first and give us an opportunity to resolve any situation to the best of our ability. Failing this you may take any action you wish but fully understand and agree that you are liable to us for the Stated Costs and Damages. You also agree that we may transfer this to 3rd party collections and make notifications as such to any reporting agency.
You agree to be responsible for any and all costs, including fees including but not limited to legal fees associated with the collection and settlement of your account. Alternatively you agree to allow us to return to your address on file, all your unpaid garbage (or any other garbage of a similar weight/value/ load/nature) that is equivalent to the monies owed, without any notice back to you or dump said garbage back to any area on your property and indemnify us from any and all liability in doing so. We will try to return the garbage to where it was picked up from, however if we can't, you agree to accept such returns to your driveway or front lawn. As a condition of service you specifically agree to indemnify Garbage Buddy Inc., from any loss or damage incurred as a result of your non-payment and Garbage Buddy returning garbage back to you.
This Agreement shall be governed by the laws of the Province of Ontario without regard to choice of law principles. This Agreement sets forth the entire understanding and agreement between the User and GarbageBuddy with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.