Terms of Use
In using this website, you are deemed to have read and agreed to the following terms and conditions:
1. Terminology
The following terminology applies to these Terms and Conditions and any or all Agreements between Mold Busters and its clients: “Client,” “You,” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company,” “Ourselves,” “We,” and “Us” refers to Mold Busters “Party,” “Parties,” or “Us” refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore as referring to the same.
2. Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, we:
2.1 Exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or our literature; and
2.2 Exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised Mold Busters of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages.
3. Payment
Cash, cheque, all major credit/debit cards, PayPal, and Bitcoin are all acceptable methods of payment. Our Terms are payment in full within thirty days. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court. Returned cheques will incur a $100 charge to cover banking fees and administrative costs. In an instance of a second returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
4. Cancellation Policy
Minimum 24 hours’ notice of cancellation is required (by phone or email) for any scheduled appointments. We reserve the right to charge the Client a $100 fee to cover lost time, administrative expenses, and/or any subsequent loss of business.
5. Availability
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Mold Busters. We do not warrant that the service from this site will be uninterrupted, timely, or error-free, although it is provided to the best ability. By using this service, you thereby indemnify Mold Busters, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.
6. Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to Mold Busters services and the full content of this website. The content, graphics, and designs on Mold Busters websites are protected under applicable copyrights and trademarks and are subject to all applicable laws and regulations. The following restrictions and prohibitions on use: copy, republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form. Our logo is a registered trademark of Mold Busters in Canada and other countries. The brand names and specific services we feature on this website are trademarked.
7. Communication
Our contact information can be found on our Contact Us link on our website or via our stated regional or toll-free telephone numbers.
7.1 Tenant Service Policy
Mold Busters requires all tenants attempting to schedule an inspection or service to obtain explicit approval from the property owner prior to booking. This approval must be provided directly by the property owner via email or by calling Mold Busters.
If you are a tenant and facing challenges in obtaining the necessary approval from the property owner, we recommend seeking assistance from the appropriate juridical body for disputes between landlords and tenants:
– Landlord and Tenant Board (LTB) in Ontario
– Tribunal administratif du logement (TAL) in Quebec
By adhering to this policy, Mold Busters ensures clarity and compliance with all legal and operational requirements.
8. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
9. Jurisdiction
The laws of Ontario, Canada, govern these terms and conditions. By accessing this website and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the Ontario courts in all disputes arising out of such access.
10. Virtual Inspections, Visual Inspections, Testing, and Remediation
By undertaking virtual inspections, visual inspections, testing, and remediation with Mold Busters, you understand and consent that the process, pictures, and videos taken during these services may be used by Mold Busters for training and marketing purposes. This includes, but is not limited to, the use of such materials on our website, social media platforms, and promotional materials.
11. Client Communications
By communicating with Mold Busters via phone calls or emails, you acknowledge and consent that we may record these interactions for quality assurance, training, and record-keeping purposes.
12. Notification of Changes
Mold Busters reserves the right to change these conditions from time to time as it sees fit, and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement regularly. These terms and conditions form part of the Agreement between the Client and Mold Busters. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Please note: While I strive to provide the most accurate and legally sound advice possible, it is recommended that you consult with a qualified legal professional before finalizing your Terms and Conditions to ensure all legal requirements and considerations are met.
13. Privacy Policy
By using our services, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Our Privacy Policy is available on our website and is incorporated into these Terms and Conditions by reference.
14. Third-Party Links
Our website may contain links to third-party websites that are not owned or controlled by Mold Busters. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Mold Busters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.
15. Dispute Resolution
Any disputes arising out of or in connection with these Terms and Conditions shall first be attempted to be resolved amicably through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation, the dispute shall be submitted to a mutually agreed-upon mediator for mediation. If mediation is unsuccessful, the dispute shall be submitted to a court of competent jurisdiction in Ontario, Canada.
16. Security Policy
Mold Busters recognizes the importance of information security in maintaining the trust and confidence of our clients, employees, and business partners. This Security Policy outlines our commitment to protecting the confidentiality, integrity, and availability of all physical and electronic information assets throughout our organization. This policy applies to all employees, contractors, and third parties who interact with our systems and data. It is designed to provide clear guidance on expected behavior and responsibilities related to information security.
- Risk Management: We have implemented a comprehensive Risk Management Framework that is in alignment with industry best practices and standards. Regular risk assessments are carried out to identify, evaluate, and mitigate risks to our information assets. This proactive approach enables us to anticipate potential vulnerabilities and implement appropriate measures to prevent security breaches.
- Physical and Information Security: Mold Busters maintains stringent physical and information security controls. Access to physical locations and systems containing sensitive data is strictly controlled and limited to authorized individuals only. We deploy a range of security measures such as secure access controls, firewalls, intrusion detection and prevention systems, and encryption technologies to protect our information systems and infrastructure.
- Incident Response: In the event of a security breach or incident, our Incident Response Team is prepared to respond quickly and effectively. Our Incident Response Plan outlines the steps to be taken, including containment, eradication, recovery, and post-incident review. This ensures that we can minimize the impact of any security breach, restore normal operations as quickly as possible, and learn from any incidents to improve our security posture.
- Training and Awareness: Information security is a shared responsibility. All employees receive regular training on this Security Policy, as well as other relevant aspects of information security. This includes awareness of potential threats, guidance on safe online behavior, and training on the use of our security systems and procedures.
- Policy Review and Update: This Security Policy is a living document. It is reviewed and updated annually, or as required, to ensure that it remains effective and relevant. Changes in our business, technology, laws, and the threat landscape may necessitate updates to this policy.
By accessing and using our services, you acknowledge and agree to adhere to this Security Policy. Non-compliance with this policy may result in disciplinary action and, where applicable, legal action.