Last updated: August 8, 2019
These Terms and Conditions (the “Terms”) are entered into between you and Elite Window
Cleaning, Inc., including affiliates and subsidiaries (collectively, “Elite”), and applies to any
website or service on which it is placed, including but not limited to the Elite website, currently
elitewindowcleaning.ca (the “Website”), and Elite window cleaning services (collectively, the
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE
SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS.
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION
TO THE TERMS AND ARE AGREEING TO THE TERMS FOR THAT
ORGANIZATION. WHERE YOU ARE USING THE SERVICE ON BEHALF OF AN
ORGANIZATION, “YOU” REFERS TO THE ORGANIZATION.
Elite reserves the right to modify the Terms at any time (each, an “Update”) and shall make each
Update available on the Website at elitewindowcleaning.ca/terms-and-privacy.
You are deemed to accept any Update by continuing to use the Service. Unless Elite states
otherwise, an Update is automatically effective 30 days after posting.
2. ACCESS TO THE SERVICE AND SUBSCRIPTION
2.1 Age of Access. You must be of the age of majority in your jurisdiction in order to use
the Website. If you have already accessed the Service and you have yet to reach the age of
majority in your jurisdiction, you must immediately cease use of the Service.
2.2 Accounts and Login Information. Access to the Website may require registering an
account with Elite (each, an “Account”). In order to access an Account, you may be required to
obtain a user ID and password (“Login Information”). You shall manage and ensure the
security, conﬁdentiality and authorized use of Login Information. You are prohibited from
sharing Login Information. Elite strongly recommends that you keep your Login Information
confidential and you shall notify Elite promptly of unauthorized access or use of your Account.
2.3 Subscription. Elite grants you a limited, non-exclusive, non-sublicensable, non-
transferable, revocable, subscription to access the Website and to use features associated with
Elite may provide an estimate for the Service and which is not binding and may vary
significantly from the actual cost of the Service. Estimates provided by Elite through the Service
are in part based on information provided by you. If you provide false or inaccurate information,
the estimates provided by Elite will be affected significantly and, in some cases, may be
substantially different than the actual cost of the Service. Elite is not obligated to check the
accuracy of any information provided by you, including but not limited to, details about the
location on which the Service is to be performed including address, size, type of building and
type of surfaces to be cleaned (ex. windows or siding). It is assumed for the purposes of the
Service, including for any estimates provided, that information supplied by you is accurate and
work on the location is or will be approved by planning and building regulations, local by-laws
and any statutory undertakings where relevant.
4. USE OF THE SERVICE
4.1 Authorized Use. When using the Service, you may not:
a. knowingly provide false or inaccurate information to Elite, including but not limited to,
information about the location where the Service is to be performed;
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the
Service source code or gain unauthorized access to the Service;
c. alter, change or circumvent security related aspects of the Service;
d. use any automated system (bot, spider, etc.) to access the Service;
e. reproduce, rearrange, modify, change, alter, translate, create derivative works from,
display, perform, publish, or distribute the Service;
f. break, disrupt or attempt to break or disrupt any device used to support the Service or
other’s experience or knowingly exploit a flaw or bug in the Service;
g. store or transmit material that is infringing, libelous, unlawful or in violation of any
h. use the Service to provide information or data to a competitor of Elite;
i. harass, abuse, stalk, threaten or impersonate any person;
j. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by
k. promote, encourage or undertake illegal activity; or
l. infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii)
copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v)
as determined by Elite in its sole discretion.
4.2 Suspension and Termination. Elite may suspend or terminate access to the Website
and/or your Account, without notice or compensation to you, at any time for any reason (or for
no reason) including but not limited to technical issues, your non-compliance with the Terms or
due to a third party’s failure to adhere to the terms of an agreement with Elite. Elite has sole
discretion to lift a suspension or reverse a termination. Your access to the Website and/or your
Account, automatically terminates upon the earliest of the date: (a) you or Elite terminates access
to your Account; or (b) of your non-compliance with the Terms. You may terminate access to
your Account by ceasing access to the Website, and by notifying Elite using the contact
information provided below.
collects, uses and discloses personal and anonymous data about you and is available at elitewindowcleaning.ca/terms-and-privacy. If at any time you disagree with the
5. PROPRIETARY RIGHTS
5.1 Ownership and Rights. Elite retains all right, title and interest in the Service, including
but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade
names and trade secrets, and in Accounts or modifications to the Service. The Terms do not
convey any right, title or interest in, or constitute the sale of any right to, the Service, any related
software, or Account.
5.2 User Content. You may provide Elite with comments, recommendations, advice, ideas,
submissions, forum posts, information about you and your property or other information (“User
Content”). By providing User Content, you represent and warrant that all consents, licenses and
rights necessary to license User Content to Elite are obtained and hereby grant Elite an
irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to User Content
under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other
intellectual or industrial property rights you own or control to use, broadcast, disclose, display,
distribute, modify, make derivative works of, publicly perform, publish, record, reproduce,
sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all
formats and mediums without attribution, notice, permission, royalty or payment. Elite is under
no obligation to review or act upon any User Content that you may provide.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND ELITE
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. WITHOUT LIMITING THE FOREGOING, ELITE MAKES NO
REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY
COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY.
FURTHER AND WITHOUT LIMITING THE FOREGOING, ELITE MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SERVICE PROVIDED BY ELITE OR
THIRD PARTIES OR ESTIMATES PROVIDED THROUGH THE SERVICE, WILL
COMPLY WITH APPLICABLE LAWS WITHIN YOUR JURISDICTION, MEET YOUR
REQUIREMENTS, NOT CAUSE DAMAGE TO YOU, YOUR PROPERTY OR PROPERTY
OF OTHERS, OR THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED,
CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR
COMPUTER OR MOBILE DEVICE OR RESULT IN LOST DATA. NO ORAL ADVICE OR
WRITTEN INFORMATION PROVIDED BY ELITE, ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR ASSIGNS
(COLLECTIVELY, “REPRESENTATIVES”), WILL CREATE ANY WARRANTY AND
YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION.
YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND
QUALITY OF THE SERVICE.
6.2 LIMITATION OF LIABILITY. ELITE AND REPRESENTATIVES SHALL NOT
BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING
OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES, SUCH AS
WORK DONE BY ELITE, INCLUDING WITHOUT LIMITATION DIRECT,
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES.
6.3 MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR
EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR
LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT
FULLY SHIELD ELITE AND REPRESENTATIVES FROM LIABILITY, YOU AGREE
THAT ELITE’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER
WILL BE THE TOTAL AMOUNT PAID BY YOU TO ELITE IN THE 12 MONTHS
IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
6.4 Indemnity. You shall defend and indemnify Elite and its Representatives, against any
claim, demand, suit or proceeding made or brought against Elite and its Representatives, in
connection with your use of the Service, including claims that Elite, the Service or you, (i)
violate any applicable law, including any failure to obtain the required legal documentation,
licenses, permits or permissions prior to providing the Service on your property or if the Service
does not conform with local ordinances, (ii) cause bodily harm or death, including through your
own negligence or due to your poor maintenance of any property (including damaged or poorly
maintained windows and buildings), or (iii) commit an act of gross negligence or intentional
misconduct. Your obligation to indemnify Elite and its Representatives arises so long as Elite:
(a) promptly gives written notice of the claim (b) gives you sole control of the defense and
settlement of the claim except that you shall not enter any settlement or disposition that attributes
liability or confers a financial obligation on Elite without Elite’s advance written consent, which
shall not be unreasonably withheld or delayed; and (c) gives all reasonable assistance, at your
6.5 Waiver of Jury Trial. You hereby waive your right to a jury trial to the extent such
waiver is permitted by law.
7.1 No Joint Relationship. Nothing in the Terms shall be construed to create any joint
partnership, joint venture, employer-employee or agency relationship between you and Elite.
province of Ontario and the laws of Canada, without reference to principles of conflicts of laws.
The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts
court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed
and interpreted so as to best accomplish the objectives of the original provision to the fullest
extent allowed by law with remaining provisions of the Terms in full force and effect. No failure
or delay by a party in exercising any right, power or remedy under the Terms constitutes a
7.4 Assignment. Elite may assign the Terms without your consent or notice to you. You
cannot assign the Terms.
7.5 Survival. Sections 1 and 3 to 7 survive termination of the Terms.
agreement between you and Elite with respect to the subject matter hereof and supersedes any
prior oral or written agreements, communications, representations or undertakings provided.
Effective Date: August 8, 2019
services, including but not limited to Elite affiliates and subsidiaries services, Elite window
cleaning services, products and our website (the “Service”), and details how we collect, use, and
disclose data, including personal data, about you (“you” or “your”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION
THAT ORGANIZATION. WHERE YOU ARE USING THE SERVICE ON BEHALF OF
AN ORGANIZATION, “YOU” AND “YOUR” REFERS TO THE ORGANIZATION.
1. HOW WE OBTAIN PERSONAL DATA
The Service collects and processes personal data, which is information about you or that
identifies you, as well as anonymous data, which does not identify you.
We obtain your personal data directly from you when you use the Service. If you have any
questions or concerns about our disclosure of personal data please contact us at your earliest
convenience using the contact information found below.
Subject to legal, contractual and technical requirements, you may choose not to provide Elite
with certain data or request the deletion of certain data, which may impact the accuracy of the
estimates of the cost of the Service or quality of the Service provided.
2. PERSONAL DATA WE COLLECT
We understand that your privacy is very important and as such we aim to be fully transparent
about the personal and anonymous data that we collect and process. We collect certain personal
and anonymous data when you first sign up with the Service and while you use the Service. On
occasion, the anonymous data that we collect is linked with personal data making it no longer
anonymous. The following is a description of the personal data that we may collect, use and
process in connection with the Service:
your first and last name, your street address, your phone number your password and your email
address, if you choose to provide it when communicating with us;
details about the location on which the Service is to be performed, including but not limited to,
its address, its size, the type of building and the type of surfaces that needs cleaning (ex.
windows or siding);
details about the use of certain features on the Service, such as the length of time inputting data
and frequency of use; and
information about your computer, phone, web-connected devices or other devices used to
connect with the Service including but not limited to, operating system information, geo-location
information, operations performed on the device and unique identifiers that may identify you
over time and across different websites including your IP address or other device identifiers.
If you are a business much of the data collected from you is not considered personal data in most
jurisdictions but may still be personal data if connected or linked with other personal data such
as employee names, addresses or phone numbers.
We also collect anonymous data that does not identify you, including but not limited to
responses to anonymous feedback requests, metrics and other types of statistical data, which can
be derived from use of the Service.
3. PROCESSING OF YOUR PERSONAL AND ANONYMOUS DATA
We process your personal and anonymous data primarily for our business purposes. These uses
include but are not limited to:
providing the Service to you, including understanding your needs, improving the quality of the
Service, estimating the Service cost, providing customer support and feedback, analyzing
functionality and technical issues, tracking use of the Service and generating reports and data
supporting the security and integrity of the Service including controlling access to the
Service, detecting and protecting Elite and third-parties against privacy breaches, error, fraud,
theft, suspicious activity, violations of the Terms and Conditions and other illegal activity or for
contractual, legal, regulatory or audit obligations; and
contacting you for various reasons including feedback requests or marketing purposes, if you
previously consented to such contact.
We may disclose your personal and anonymous data to our parent companies, affiliates,
subsidiaries, employees and contractors for the same purposes described above. We may also
disclose your personal and anonymous data to third-parties, who may be located in a foreign
jurisdiction and subject to foreign laws. The situations where we disclose your personal and
anonymous data to third-parties include, but are not limited to:
processing your information as described above and providing or enhancing the Service features;
providing customer support and feedback, analyzing functionality and technical issues, tracking
use of the Service and generating reports and data models that we use to improve the service;
responding to requests from law enforcement or a government agency asserting lawful authority
to obtain the data or where Elite has reasonable grounds to believe the data could be useful in the
investigation of unlawful activity, to comply with a subpoena or warrant or an order made by a
court, person or body with jurisdiction to compel the production of data, to comply with court
rules regarding the production of records and data, or to our legal counsel; and
defending Elite in a legal, regulatory or administrative proceeding or in a contractual dispute.
4. THIRD-PARTY SERVICES
and discloses and does not apply to the collection, processing and disclosure of data by third
and that may be embedded into the Service. In many cases, third-parties may collect personal
data about your online activities over time and across different websites and services. We
Service. A full list of third-parties that we share your personal data with can be found here
elitewindowcleaning.ca/terms-and-privacy. Please contact us directly using the
information found below if you would like to learn more about third-party data practices.
5. COOKIES AND TRACKING TECHNOLOGIES
GIFs to collect data about you, such as your IP address and device information. Based on this
data, third-parties may be able to resolve your identity across multiple devices. This data is
applicable third-party privacy policies. Certain Service features may rely on tracking
settings on your device, you may not have access to these features.
6. OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA
You may contact Elite to obtain a copy of any personal data we collect about you, the production
of which may be subject to a fee as permitted by applicable law. In addition, you may contact
Elite to correct inaccurate personal data or to complete incomplete personal data.
You may be able to opt-out of some or all of the ways in which your personal data is processed,
or request the deletion of certain personal data, except where the personal data is necessary or
performance of contractual or legal obligations, such as those found in the Terms and
protecting your interests or those of another person; and
our legitimate interests or the legitimate interests of a third-party,
and request deletion by contacting us using the contact information found below.
7. DATA STORAGE AND RETENTION
While Elite is a Canadian company, the data you provide through the Service may be stored and
processed by third parties in countries around the world. You authorize Elite and third parties
acting on our behalf to process your data in any country of their choosing, which may cause your
data, including personal and anonymous data, to be subject to privacy protections and legal
rights that may not be equivalent to those in your country.
Your personal data is retained until you request its deletion or until Elite no longer requires such
data for the purpose for which it was collected.
8. CHANGE OF OWNERSHIP OR BUSINESS TRANSITION
In the event of, or in preparation for, a change of ownership or control of Elite or a business
transition such as the sale of some or all Elite’s assets, we may disclose and/or transfer your
personal and anonymous data to third-parties who will have the right to continue to collect and
We are committed to ensuring that your data is secure. To prevent unauthorized access,
disclosure, or breach, we have put in place suitable physical, electronic, and administrative
procedures to safeguard and secure the data we collect and process.
10. CONTACT PREFERENCES
We communicate with you primarily through the Service itself, but we may sometimes collect
your email address in order to respond to support requests or comments. If you have provided us
with your email address and would like to change the email preferences we associate with you
(for example, unsubscribing from receiving certain types of email) you may do so by clicking a
link within certain types of emails that we send to you or, if no link is available, by replying with
“unsubscribe” in the email title or body or by modifying your email settings within the Service.
On rare occasions, some types of email are necessary for the Service and cannot be unsubscribed
from if you continue to use the Service.
“Update”) and shall make each Update available on Elite’s websites. You are deemed to accept
an Update by continuing to use the Service. Unless Elite states otherwise, an Update is
automatically effective 30 days after posting on Elite’s website.
12. CONTACT US
general, please contact our office at email@example.com
Elite Window Cleaning Team
4-28 Steve Fonyo Drive