TERMS AND CONDITIONS OF SERVICE
STUFF OUR LAWYERS WANT YOU TO KNOW
1. We provide the service on an "as is" and "where as" basis. You may cancel at anytime without any penalty.
2. You pay for the Service of garbage pick - up we agree to pick up your garbage on the scheduled date.
3. We do not guarantee a pick up time, but will endeavour to pick up during normal daytime hours. Sometimes depending on weather, traffic and factors beyond our control this may be later 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).
4. We follow all waste regulations for the disposal of trash 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, 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 time and our services are subject to availability.
5. 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.
5a. You may cancel your 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 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 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 the rate is the same as our monthly pick up fee. Please note that all refunds process within 7 business days back to the original payment method on file.
6. 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, tires, 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 (Sec. 8). 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.
7.In the event that You have a dispute with GarbageBuddy, its employees,Contractors or representatives, You agree to release GarbageBuddy 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.
8. Items that we don’t accept:
We do NOT accept the following items period. 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
- Bricks & Rebar
- Construction Debris
- Plants & Trees
- Yard Waste
- Biological or Bio-Hazardous Waste
- High Pressure Cylinders
- Medical Waste
- Radioactive Materials
- Sharps or Syringes
- CO2 Cartridges
- Diesel Fuel
- Fire Extinguishers
- Gas / Oil Mix
- Helium Tanks
- Home Heating Oil
- Lighter Fluid
- Propane Tanks
9. When we have a problem 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
10. 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.
11. 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.
12. Except as explicitly stated otherwise, any notices to GarbageBuddy 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
13.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.
14. Failed Payments, chargebacks and collections: In the event where a payment fails 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), or you have initiated a chargeback, you agree that we may charge interest on any outstanding and unpaid balances at the highest rate allowable by law, plus a $45 per month service fee until all outstanding payments have been made in full. 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 legal fees associated with the collection and settlement of your account. Alternatively you agree to allow us to return your garbage (or other garbage of a similar weight load/nature) back to you.
15. 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.