Terms and Conditions
Please review our terms to understand the guidelines and expectations for using SwiftHelp.ca.
Last updated: December 12, 2024
I. PRELIMINARY PROVISIONS
1. PREAMBLE
SwiftHelp arranges contracts for various (especially household-related) services, such as cleaning services, for private and commercial customers, via the website www.swifthelp.ca and/or through SwiftHelp’s customer support via email or telephone. These services are provided by independent service providers or employees of SwiftHelp’s partners.
2. DEFINITIONS
“Terms of Use”: these General Terms of Use for Customers for using the website www.swifthelp.ca.
“Ratings”: Assessment of the service provider by the customer after the provision of the booked service by awarding stars.
“Booking Request” or “Quote”: Requests for services made by the Customer via the Platform, by telephone or by email, specifying the location, time and scope of services.
“Privacy Policy”: SwiftHelp’s privacy policy, which is published on the Platform and freely accessible.
“Service Providers”: employed service providers or partners of independent service providers.
“Services”: services (especially household-related services) provided via the Platform and provided in private households and commercial establishments.
“Service Contract”: the contract between the Service Provider or Partner and the Customer for the provision of the Services.
“SwiftHelp”: SwiftHelp GmbH & Co. KG, Jägerstraße 67, 10117 Berlin.
“Customer”: the user of the Platform who books services on the Platform, possibly with the involvement of SwiftHelp’s customer support.
“User Agreement”: Agreement between the Customer and SwiftHelp to use the Platform.
“Partners”: Subcontractors who are part of the SwiftHelp partner network and who may employ service providers.
“Platform”: the website www.swifthelp.ca.
“Brokerage Agreement”: Agreement between the Customer and SwiftHelp for the brokerage of service contracts.
“Payment Service Provider”: licensed payment provider that processes all payments arising from and in connection with the contracts brokered via the Platform.
3. SCOPE
3.1 These Terms of Use apply to the use of the platform provided by SwiftHelp for the search for service providers for services in private households and commercial establishments (Section III). The Terms of Use (Section III) also apply to the placement of orders for such services by customers and the use of SwiftHelp’s brokerage services.
3.2 The service contract between the customer and service providers or partners is generally subject to the statutory provisions and any individual agreements. However, these Terms of Use regulate how the service contract is concluded (Section III.1), revoked (Section III.7), and can be terminated (Section III.8).
3.3 Deviations from these Terms of Use require the express consent of SwiftHelp.
II. USE AGREEMENT
1. SUBJECT OF THE CONTRACT
SwiftHelp provides customers with a platform through which they can search for service providers and submit and manage specific booking requests.
2. REGISTRATION, CONCLUSION OF CONTRACT, FREE OF CHARGE OF USE
2.1 Use of the platform requires prior registration of the customer.
2.2 The contract for the use of the platform is concluded at the same time as the customer submits the first booking request and is explained in more detail in Section III.2 of the Terms of Use.
2.3 Use of the platform is free of charge. Fees only apply when booking services (see Section III.3 of the Terms of Use).
3. CUSTOMER OBLIGATIONS; RATINGS
3.1 The customer is obligated to provide truthful and complete information upon registration, in particular regarding their identity, address, telephone number, email address, and bank details or credit card. They must notify SwiftHelp of any changes during the term of the user agreement immediately by making the changes in their user account.
3.2 The customer has the opportunity to rate the service provider after the provision of the booked service by awarding stars. In addition to the service itself, punctuality and friendliness can also be rated, and other comments can be entered in the comment field.
3.3 Reviews must be based on verifiable facts. They must be written objectively and in accordance with the principle of fairness and must not contain any offensive, defamatory, criminally relevant, or otherwise illegal content (e.g., infringement of third-party intellectual property rights). Reviews that violate these rules will not be published or deleted. Reviews represent statements by the author (customer) and not statements by SwiftHelp. SwiftHelp regularly reviews reviews. SwiftHelp investigates legitimate complaints about reviews and, where necessary, provides redress.
3.4 By submitting the review, the customer grants SwiftHelp, free of charge, the right to use the review text for an unlimited period of time and space. SwiftHelp is entitled to freely dispose of the review and, in particular, to process and use it for other review services, to share it with third parties if necessary, and to publish it.
3.5 Unjustified multiple ratings, self-ratings or other forms of attempting to distort the rating system are prohibited.
4. RIGHTS AND OBLIGATIONS OF SWIFTHELP; AVAILABILITY OF THE PLATFORM
4.1 SwiftHelp maintains a user account for the customer and provides them with personal access data. The user account lists the contracts concluded through SwiftHelp and stores invoices for inspection.
4.2 SwiftHelp guarantees 98% network availability (“connectivity”) of the platform per calendar quarter. The following downtimes and periods of reduced availability are excluded from the guaranteed availability and are considered proper service provision and are not counted as time affecting availability:
- a) planned downtime (especially for maintenance purposes) daily between 00:00 and 06:00 and on Sundays from 00:00 to 24:00;
- b) downtimes for which SwiftHelp is not responsible, during which the accessibility of the platform is impaired due to technical or other problems (e.g. force majeure, third-party fault including DDoS attacks, etc.) which SwiftHelp could not prevent despite taking into account customary market standards.
4.3 SwiftHelp may restrict access to the Platform and the services offered on it even outside of maintenance windows if the security of the Platform’s operation requires such action urgently, in particular the avoidance of serious disruptions to the network, the underlying software or stored data, so repair, without this giving rise to any rights for the Customer.
IV COMMON PROVISIONS
1. LIABILITY
1.1 SwiftHelp is not liable for the performance of the service contract by the service provider or for any damages incurred by the customer in the course of the services.
1.2 Furthermore, SwiftHelp shall be liable for any breach of contractual and non-contractual obligations by SwiftHelp in accordance with the statutory provisions. SwiftHelp shall be liable for damages – regardless of the legal basis – in the event of intent and gross negligence. In the event of simple negligence, SwiftHelp shall only be liable
a) for damages resulting from injury to life, body or health,
b) for claims under the Product Liability Act and
c) for damages resulting from the breach of an essential contractual obligation (obligation the fulfilment of which is essential for the proper execution of the respective contract and on whose compliance the customer regularly relies and may rely (main contractual obligation)).
1.3 Clause III. 5. of these Terms of Use remains unaffected.
1.4 The restrictions mentioned in this section also apply to the benefit of SwiftHelp’s legal representatives and vicarious agents if claims are asserted directly against them.
2. TERM, TERMINATION OF THE CONTRACT
2.1 Platform User Agreement between the Customer and SwiftHelp: The user agreement begins upon the Customer’s registration and activation of the platform by SwiftHelp and is concluded for an indefinite period. It may be terminated by either party at any time. Termination must be in writing (an email to kontakt@SwiftHelp.ca is sufficient).
2.2 Agency Agreement between SwiftHelp and the Customer: The agency agreement is concluded upon confirmation of a booking and does not require separate termination. Section III.6 of these Terms of Use applies to cancellations or rebookings.
2.3 Service Agreement between the Customer and the Service Provider: The service agreement between the Customer and the Partner or independent service provider begins upon notification by email, as described in Section III.2 of these Terms of Use. It may be terminated by either party at any time, subject to the conditions of Section III.6 of these Terms of Use. Termination by the Customer must be submitted to SwiftHelp in writing (an email to kontakt@helpling.de is sufficient).
3. NOTICE ON DATA PROTECTION
3.1 SwiftHelp collects, processes and uses the customer’s personal data as further described in the privacy policy , which is published on the platform and freely accessible.
3.2 During the term of the user agreement, SwiftHelp will make the customer’s data, including information about the services booked by the customer, available for inspection in the customer profile and offer the option to change or delete the data. To do so, the customer must log in to the platform using their email address and password.
3.3. Occasionally, our website offers coupons or discounts for services and products from our partners at special prices. By clicking on the button to access such coupons, you agree that your personal data will be shared with the respective partner to enable you to take advantage of the promotional offer.
4. FINAL PROVISIONS
4.1 Direct advertising: By submitting a booking request, SwiftHelp is granted the right to contact the customer by email, (with appropriate consent) telephone, or mail during the use of the platform (active account) and for up to six months after deactivation of the account, to improve and expand the platform’s offerings. This allows SwiftHelp to inform the customer about satisfaction with the platform’s offerings and to communicate additions, enhancements, news, and cooperation offers. The customer may object to such direct advertising at any time without incurring any costs other than the transmission costs according to the basic rates.
4.2 Contract language: The contract languages are German and English.
4.3 Dispute Resolution: The EU Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . SwiftHelp is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
4.4 Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.