Welcome to www.fogcleaning.com (the “Site“, “App”, “We“, “Us“; and “Our.”)
These Terms and Conditions (the “Terms“) constitute a legally binding contract between you, the user, and us. Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Site and the Services made available through it. By accessing or using the Site and/or any content, materials or Services made available through it, you are agreeing to be legally bound by these Terms.
We reserve the right to change these Terms from time to time in our sole discretion. Your use of the Site will be subject to the most recent version of the Terms posted on the Site at the time of such use. We recommend that you read through the Terms available on the Site from time to time, so that you can be sure that you are aware of the latest version.
1. Contact us
If you would like to contact us about the Site, please do so using the following details:
- You do not need to register as a member of the Site in order to browse some sections of the Site, but you may not be able to access all of the features of the Site unless you register with us and create an account on the Site. If you are browsing the Site and have not yet registered with us, your use of the Site will still be subject to these Terms.
- You will need to register with us in order to post or respond to any postings on the Site. You can register by clicking on the “Register” on our homepage and submitting the information required. You will need to provide a valid email address and a password, which you will be required to submit each time you log into the Site. You will also be required to submit additional personal information about yourself as part of the registration process. Once you register, you will be considered a “User”.
- You must be at least 18 years old to be a Guest or User, and you are only permitted one account on the Site. Multiple live accounts are not permitted. By registering with us you are representing and warranting to us that: (i) you are over 18 years old; (ii) you have not previously been banned from the Site; and (iii) you do not already have an account registered with us.
- You agree that all registration information you submit to the Site will be truthful and accurate and you will maintain the accuracy of this information.
- Your account is for your use only and you agree that you will not share your account with any unauthorized person. It is your responsibility to keep your password secure. You will be responsible and liable for any actions of any person logging into the Site using your username and password (including, without limitation, any post on the Site via your account). You should notify us immediately if you suspect that anyone unauthorized person knows your password or that any unauthorized person has accessed your account without your permission. Unless we have been notified otherwise will be entitled to assume that any person logging into the Site using your username and password is you or has been authorized by you.
- We may at any time and for any or no reason refuse to accept a registration from any person. We may also terminate your account at any time (even if you have paid), without warning for any or no reason, with or without prior notice or explanation and without liability and we may take legal action if needed based on your violation of these Terms.
3. Access and use of the Site
- There are fees for registering an account with us.
- We offer a number of features and functionality on the Site that are only available to members.
- You agree not to use the Site in any improper or unlawful manner.
- Without limiting the foregoing, you agree that when using the Site you will not:
- harass others or disclose personal information about others that could amount to harassment;
- publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence;
- upload files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer;
- impersonate others or create false accounts or posts on the Site;
- promote any activity that is illegal;
- harvest information, with use of software or otherwise, from the Site for purposes other than as specifically authorized under these Terms;
- solicit any users of the Site for purposes other than as specifically authorized under these Terms;
- send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; or
- do or omit to do anything that, in our opinion: (i) brings us or the Site into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Site; or (iii) materially prejudices us or the Site.
5. You agree to comply with all reasonable instructions and requests from us regarding your use of the Site, including, but not limited to, providing any requested information for verifications regarding any listings.
6. You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site.
7. You agree that we may, in our sole discretion, suspend access to the Site temporarily, or terminate the service entirely, in each case, without notice, in the case of system failure, maintenance or repair or for reasons beyond our control or for any or no reason whatsoever and we shall not be liable to you in any way for such suspended access or termination of service.
4. Posting and responding to postings on the Site
1. You need to register an account with us in order to post on the Site or respond to a posting on the Site.
2. By posting on the Site you are representing and warranting (which is a legal promise) to us that:
- all the information you include in your post will be truthful and, to the best of your knowledge and belief, accurate and not in any way misleading;
- any photos or videos you include in your posts will be current and accurate representations of the room(s) you are offering;
- you have all necessary rights and permissions to post and offer use of the applicable room or property; and
all postings will comply with these Terms, including sections 6 and 8.
You may not:
- submit multiple posts for the same room and/or property;
- charge any additional fee for any service or transaction arising out of any use of this Site.
- submit dummy or fake posts for rooms and/or properties that aren’t available for let or aren’t available to be viewed; or
- delete a post and repost it in order to make it appear as “New Today”.
4. You are responsible for any content that you post to the Site, including any errors, omissions or inaccuracies contained in such posts. We accept no liability to you or any other person for the content of any item posted on our Site. We advise that you check the content of your post immediately after posting it to the Site to ensure you are happy with it. You may edit or remove any post you have placed on the Site at any time by logging into your account and clicking on the My Profile link.
5. You may contact other members of the Site. Please be advised we will not reveal any of our members’ contact details or other personal information without the relevant members’ permission. We do not routinely monitor all communications between Users on the Site, but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our Terms and Conditions, any illegal behavior or any other misuse of our service, or for any other reasonable reason as determined by us from time to time. We reserve the right, in our discretion, to archive or discard customer’s communications.
6. We reserve the right to refuse to list and/or deactivate any posts or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms. In such cases no refunds will be given. We reserve the right to request proof of your right to post and/or other User Generated Content. In the event we receive any complaints about any user, we reserve the right to temporarily suspend the posting or account in question while we investigate the matter. After carrying out any such investigation we may terminate your account if we deem it appropriate to do so in our absolute discretion.
7. We reserve the right to upload any information that is posted to the Site to other relevant portal websites from time to time, such as other third party property search websites. We will never post Users’ contact details with on third party websites.
8. All posts on the Site contain a public profile of the user. By posting, you consent for information such as your age and gender to be included in your profile. To update any of the information shown on your profile, please contact the Customer Services team at email@example.com.
5. Payment for your account
- For more details on payment options available, please refer to the Registration section of our Site.
- Payments will be processed by our third party payment processor, using their secure server.
- By giving us your payment card details, you are not granting us any continuing authority to automatically extend your subscription period unless you have specifically opted to make regular, ongoing payments.
- Once we have confirmed the payment to your account and we have sent you a confirmation email confirming your purchase, a contract for services between you and us will have been formed. Your confirmation of payment will be taken as your express request for us to begin supplying the relevant Services immediately following our sending of the confirmation email. You have the right to cancel your contract for services for up to 14 days after the contract has been formed. To exercise your right to cancel, you must inform us of your decision. You may do this by contacting us via email, telephone or post. Once you have started to receive the service you will not be entitled to a full refund and we are entitled to charge you a pro rata amount for any services you have already received.
- Refunds will be made via your original method of payment and will usually be processed within 7 working days.
- Please note you will no longer have the right to cancel your job after work has been fully performed.
6. User generated content
1. In these Terms:
- “Intellectual Property Rights” means patents, rights in inventions, trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, moral rights and any rights of privacy or confidentiality (in each case whether registered or unregistered and for the full period of protection including any extensions, revivals and renewals) and including any applications for the same and the right to apply for any of the foregoing anywhere in the world, and all similar or analogous rights anywhere in the world; and
- “User Generated Content” means any information, text, image, photo, audio, video, works of authorship or other content or materials of any kind which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available by you on the Site, including any post or any such content or materials included in any post.
2. The Site includes functionality that enables you to submit or upload User Generated Content directly to the Site, including, without limitation, by posting on the Site. By posting any User Generated Content to the Site you are representing and warranting (which is a legal promise) to us that you have not posted or submitted any User Generated Content to the Site:
- which is confidential, defamatory, offensive, infringing, obscene, sexually explicit, indecent, discriminatory or otherwise unlawful or objectionable;
- that you do not own or for which you do not have the permission of the owner or any other relevant person who may have rights in or connected to such User Generated Content, including any individuals who appear in any photos or other images that you upload to the Site;
- if submitting it to the Site would be a breach of any applicable data protection or privacy legislation; or
- if submitting it to the Site would infringe the Intellectual Property Rights of another person.
3. We are committed to equal opportunities. You agree that you will not post on the Site in such a way as to discriminate against anyone based on nationality, race, ethnic or religious group, sexual orientation, age, gender or disability.
4. You acknowledge that it is your responsibility to ensure that your posts comply with all applicable laws, including any laws in relation to discrimination and transparency of pricing.
5. You acknowledge that any User Generated Content that you post to the Site may be seen by other users of the Site.
6. You are responsible for your relationship with other members of the Site. We reserve the right, but are not obliged, to monitor disputes between you and other members.
7. You agree that you shall indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of:
- any breach by you of the warranties and representations in section 6.2; and
- any third party claim against us in connection with anything posted to the Site under your account.
7. Notice and take down procedure
- Although we take reasonable steps to scan items that are posted to the Site for spam and scams, we do not actively monitor all the posts and other User Generated Content on the Site. We do not therefore accept any responsibility or liability for any User Generated Content on the Site.
- If you become aware that other members of the Site have posted information, or other User Generated Content, that is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms) you may notify us by contacting us at firstname.lastname@example.org.
- We may, without notice, edit, revise or remove any posts or other User Generated Content posted to the Site that, in our sole judgement, violates these Terms or may be offensive, illegal, inaccurate, misleading or may violate the rights, or harm or threaten the safety of any person. It is our policy to terminate the accounts of Users who repeatedly infringe the intellectual property rights of others.
- For the avoidance of doubt, any decision we make in connection with the removal of any posts or other User Generated Content from the Site is final and we accept no liability to you in respect of any such decision.
8. Intellectual Property
- We do not claim any ownership of any Intellectual Property Rights in the User Generated Content that you post to the Site. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach these Terms).
- By submitting any User Generated Content to the Site you automatically grant us the indefinite worldwide right and license to use, host, store, reproduce, display, publish, perform, modify, manage, distribute, create derivative works, communicate, publicly display and distribute such User Generated Content as part of the Site or as part of any materials used to operate, promote, advertise or improve the Site anywhere in the world. Although we have no obligation to moderate content on the Site, we may monitor any information transmitted or received through the Site. We may reject, block, suspend or remove your content at any time and in our sole discretion. We in no way guarantee that your content or any part of it will be displayed on the Site.
- We will not be under any obligation whatsoever to pay you for any of the User Generated Content you upload to the Site.
- Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained on the Site are owned by and shall remain owned by us or our licensors. You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
- the material may only be used for your personal non-commercial use;
- the material shall not be reproduced or included in any other work or publication in any medium;
- the material may not be modified or altered in any way;
- the material may not be distributed or sold to any third party; and
- you may not remove any copyright or other proprietary notices contained in the material.
5. These Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes, provided you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these Terms.
- To the fullest extent permitted by applicable law and, except as expressly provided in these Terms, the Site and all content, products and services provided through it are provided on an “as is” basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise), in relation to the Site or any content, products and services provided through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to the quality, completeness, accuracy or reliability of the Site and all content, products and services provided through it. You use the Site at your own risk.
- Without limiting the generality of the foregoing you acknowledge and agree that any rooms, apartments, houses, properties or tenancy arrangements are provided by our members and not by us. We have no control over, nor accept any responsibility or liability for, any such arrangements or issues you may encounter with them.
- We do not inspect any of the properties or rooms that feature in posts on our Site.
- The information made available on the Site, whether posted by us or by any other users, is provided for information purposes only. We cannot guarantee that any posts or other information provided on the Site will be correct, accurate, and up to date or meet your needs or requirements. The information provided on the Site is not intended to be professional advice of any kind and should not be relied on as such. Any reliance you place on any materials or information made available on the Site is entirely at your own risk.
- Although we do our utmost to ensure a reliable service we do not guarantee that the Site will always be available or error free, that defects will be corrected, or that the Site or the server that makes it available are or will be always free of viruses or other harmful components.
- Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check the local laws of the jurisdiction in which you are resident to determine the extent to which any implied warranties may be relevant to our legal relationship with you.
- Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
10. Limitation of liability
- Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; or (c) any other liability which may not be limited or excluded by applicable law.
- Subject to section 10.1 above, you agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Site or the Services provided through it; (ii) any failure or delay in the use of any component of the Site or any Service including, without limitation, any unavailability of the Site or the Services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any posts, information, material, or other products or services offered through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any obligation of any kind that you enter into as a result of using the Site.
- Subject to section 10.1 above and without limiting section 10.2 in any way our total aggregate liability to you under these Terms whether based in contract, tort (including negligence), strict liability, or otherwise shall be limited to direct losses not to exceed the total payments you have made to us for services offered to you through the Site in the 12 months preceding your claim.
- If any dispute, controversy or claim arises under these Terms, or the Site in general, and cannot be resolved by facilitated negotiations (or the parties agree to waive that process) then such dispute, controversy or claim shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration proceeding shall take place in Raleigh, North Carolina, unless the parties agree to a different locale and shall be conducted in the English language. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent[s] of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, parties waive any right to a jury trial. You agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards, except as required by applicable law and to the extent not already in the public domain.
11. Third party sites
- This Site contains links to other websites and/or mobile applications operated by third parties that are not under our control. We make no guarantees, warranties or representations whatsoever about any third party websites that you may access through this Site, or any services that may be provided through such third party websites.
- Without limiting the foregoing, please note that any third party websites and/or mobile applications that you may access by clicking on a link available on the Site are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable to you for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party websites and/or mobile applications. If you choose to access any such third party website and/or mobile applications that we do not control, you do so entirely at your own risk. In addition, please note that your use of any such third party website and/or mobile applications may be subject to that third party’s additional terms and conditions.
- We may disable the Site or cease the provision of any of the services made available through it, or terminate your membership of the Site, at any time in our sole discretion for any reason whatsoever.
- In the event that we disable the Site or terminate your account through no fault of your own and in circumstances where you have not breached these Terms, you will be entitled to a refund for any fees pre-paid.
- We may in our absolute discretion either suspend or terminate your account if you breach any of these Terms. If you are found to have breached these Terms and we choose to terminate your account you will not be entitled to a refund of any fees.
- You may de-activate (either temporarily or permanently) your account with us at any time by notifying us that you wish to do so at the following email address: email@example.com.
- Termination of these Terms and/or your account with us, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination. You will still be responsible for the promises you have made to us about your User Generated Content as well as any damages that result from your violation of these Terms.
13. Data Protection and Privacy
- Subject to section 10.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than for any breach of our express obligations set out in these Terms.
- These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
- You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
- If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
- If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.