Terms and Conditions
Effective Date: June 28, 2024
Welcome to www.GetMainteno.com (the “Site”), operated by Mainteno Inc. By accessing or using this Site, you agree to these Terms and Conditions (“Terms”). If you do not agree, please do not use the Site. These Terms include a Dispute Resolution Clause affecting your rights. Please read carefully.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Definitions:
- “Goods”: Refers to items available for purchase on the Site, such as coupons and gift cards.
- “Services”: Refers to facilities repair and maintenance services offered on the Site.
- “User”: Any person accessing the Site.
- “Account”: A registered user profile used to access Site features.
Intellectual Property:
All content, including but not limited to images, text, logos, and downloadable files, is the exclusive property of Mainteno Inc. Unauthorized reproduction, distribution, or commercial use of any content is strictly prohibited. Mainteno Inc. reserves all rights not expressly granted.
Age Restrictions:
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use:
By using this Site, you agree to:
- Comply with all applicable laws.
- Avoid:
- Harassment, abuse, or harm to other users.
- Violating others’ rights or intellectual property.
- Unauthorized access or misuse of accounts.
- Fraudulent or deceptive activities.
- Uploading inappropriate or offensive content.
Mainteno Inc. reserves the right to suspend or terminate access for violations.
Website Terms and Conditions Enforcement:
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts:
When creating an account, you agree to:
- Maintain the confidentiality of your credentials.
- Provide accurate, up-to-date information.
- Notify Mainteno Inc. immediately of any unauthorized access.
Mainteno Inc. reserves the right to suspend or terminate accounts for violations or misuse.
Sale of Goods and Services:
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Coupons and Gift Cards.
The following services are available on our Site:
- Facilities Repair and Maintenance Services
- Annual Maintenance Plans
The services will be paid for in full or partial when the services are ordered.
These Terms and Conditions apply to all goods and services displayed on our Site at the time you access it, including products listed as out of stock. All information, descriptions, or images provided about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third-Party Goods and Services:
The Site may display or link to third-party goods and services. Mainteno Inc. does not endorse, guarantee, or assume liability for third-party offerings. Any disputes should be resolved directly with the third party.
Subscriptions:
Subscriptions automatically renew. To cancel:
- Notify us via email before the renewal date.
- Refunds for cancellations will only be provided if required by law.
Payments:
We accept the following payment methods on our Site:
- Debit
- Credit Card
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
SMS Terms & Conditions:
By providing your mobile phone number, you consent to receive SMS messages from Mainteno Inc. related to order updates and account notifications.
Message Frequency:
Message frequency may vary. You may receive multiple SMS messages per week, depending on your interactions with our services.
You may opt-out by replying STOP or ask for more information by replying HELP. Message and data rates may apply.
Opt-In Consent:
At the bottom of the web form, you will see the following consent statement:
▢ I agree to receive communications by text message regarding order updates and account notifications from Mainteno Inc. You may opt-out by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply. Please review our [Terms and Conditions] to learn how your data is used.
Consumer Protection Law:
Where the Consumer Protection Act or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability:
Our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees from your use of the Site.
Indemnity:
Except where prohibited by law, by using this Site, you indemnify and hold harmless our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses, including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law:
These Terms and Conditions are governed by the laws of the Province of Ontario.
Dispute Resolution:
Subject to any exceptions specified in these Terms and Conditions, if you and Mainteno Inc. are unable to resolve any dispute through informal discussion, then you and Mainteno Inc. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Mainteno Inc. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Mainteno Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Force Majeure:
Mainteno Inc. is not liable for delays or failures caused by events beyond reasonable control, including but not limited to natural disasters, government actions, or internet disruptions.
Severability:
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.
Changes:
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Privacy Policy
Purpose:
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the
following:
- The personal data we will collect;
- Use of collected data;
- Who has access to the data collected;
- The rights of Site users; and
- The Site’s cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
Consent:
By using our Site users agree that they consent to:
- The conditions set out in this Privacy Policy; and
- The collection, use, and retention of the data listed in this Privacy Policy.
Personal Data We Collect:
Automatically Collected Data:
IP address
Location
Clicked links
Content viewed
Data Collected in a Non-Automatic Way:
First and last name
Age
Date of birth
Email address
Phone number
Address
Payment information
This data may be collected using the following methods:
- Forms.
How We Use Personal Data:
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes:
- Marketing.
The data we collect when the user performs certain functions may be used for the following purposes:
- Marketing and Communication
Who We Share Personal Data With:
1. Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
2. Other Disclosures
We will not sell or share your data with other third parties except in the following cases:
- If the law requires it;
- If it is required for any legal proceeding;
- To prove or protect our legal rights; and
- To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another site, please note that we are not responsible
for and have no control over their privacy policies and practices.
SMS Messages:
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Data Retention:
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
Data Protection:
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements, and a breach of this agreement would result in the employee’s termination.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times, and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical.
Children:
The minimum age to use our website is 18 years of age. We do not knowingly collect or use personal data from children under 13 years of age. If we learn that we have collected personal data from a child under 13 years of age, the personal data will be deleted as soon as possible. If a child under 13 years of age has provided us with personal data, their parent or guardian may contact our privacy officer.
User Rights:
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here: M. Miral – info@getmainteno.com
Do Not Track Notice:
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third-party websites and therefore do not respond to browser-initiated DNT signals.
Cookie Policy:
A cookie is a small file stored on a user’s hard drive by a website. Its purpose is to collect data relating to the user’s browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
1. Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;
2. Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example, data on the content you access, how long you stay on our Site, etc, and
3. Targeting cookies
Targeting cookies collects data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you.
Modifications:
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy, we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Contact Information:
If you have any questions, concerns or complaints, you can contact our privacy officer at info@getmainteno.com
By using www.GetMainteno.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions & Privacy Policy.
Effective Date: 28th day of June, 2024