CurbMate Terms of Service

1. About CurbMate

CurbMate provides residential bin valet services in selected communities within Greater Victoria, British Columbia.

Our service is designed to help customers manage municipal collection days by moving eligible residential waste containers between a customer's designated storage location and the municipal collection point.

CurbMate is an independent service provider.

CurbMate is not a municipal garbage, organics, or recycling collection service and is not affiliated with a municipality unless expressly stated otherwise.

The municipality or other applicable waste-collection provider remains responsible for collecting the contents of your containers.

2. CurbMate Services

Depending on your selected plan and service availability, CurbMate may:

• track your applicable municipal garbage, organics, and recycling collection schedule;
• identify scheduled collection days;
• move eligible containers from your designated storage location to the appropriate curbside or municipal collection location;
• return eligible containers to the designated storage location after municipal collection; and
• provide service-related notifications or communications when necessary.

CurbMate does not ordinarily open, sort, empty, clean, repair, or dispose of the contents of customer containers.

CurbMate does not guarantee that a municipality or third-party collection provider will actually collect a container after CurbMate places it at the collection location.

3. Household Plans

CurbMate currently offers the following standard residential plans:

Basic Household — $29.99 per month

Includes service for:

• up to 2 carts; and
• 1 recycling bin.

Standard Household — $39.99 per month

Includes service for:

• up to 3 carts; and
• 1–3 recycling bins.

Premium Household — $49.99 per month

Includes service for:

• up to 4 carts; and
• 3 or more recycling bins, subject to the limits and conditions displayed when the plan is purchased.

For these Terms, a “cart” generally means a wheeled residential garbage, organics, or similar municipal collection cart.

A “recycling bin” means an eligible residential recycling container, box, or similar container accepted through the applicable municipal collection system.

Taxes, if applicable, will be shown before purchase.

The plan, price, promotional discount, container allowance, billing frequency, and other material terms displayed to you when you subscribe form part of your agreement with CurbMate.

If there is a conflict between these general Terms and the specific plan information provided to you at checkout, the specific terms disclosed when you purchased the plan will apply to that purchase, subject to applicable law.

4. Service Availability

CurbMate does not operate in every neighbourhood.

Service availability may depend on:

• your address;
• municipality;
• collection route;
• customer demand;
• route capacity;
• accessibility of the property;
• operational feasibility; and
• other service limitations.

Submitting an address, joining the waitlist, or receiving marketing material does not guarantee that CurbMate can service your property.

CurbMate may decline a new service request if the property is outside an active service area or cannot reasonably be incorporated into an existing route.

5. Municipal Collection Schedules

CurbMate uses available municipal or collection-provider information to determine collection dates.

Collection schedules may occasionally change because of:

• statutory holidays;
• weather;
• municipal operational changes;
• emergencies;
• service interruptions;
• road closures; or
• other circumstances outside CurbMate's control.

CurbMate will make reasonable efforts to follow the current published collection schedule.

However, CurbMate does not control municipal collection operations and cannot guarantee the accuracy or continued availability of information supplied by municipalities or third-party collection providers.

6. Designated Container Location

Customers must provide CurbMate with accurate information identifying where their containers are normally stored.

This may include:

• front yard;
• side of house;
• backyard;
• driveway;
• designated enclosure;
• accessible storage area; or
• another location approved by CurbMate.

The location provided during setup becomes the customer's Designated Container Location.

Customers must notify CurbMate if this location changes.

CurbMate is not responsible for a missed service caused by containers being moved to a different or undisclosed location.

7. Permission to Access the Property

By subscribing, you authorize CurbMate personnel and authorized service providers to enter the reasonably necessary exterior portions of your property for the limited purpose of performing your CurbMate service.

This may include access to:

• driveways;
• walkways;
• side yards;
• exterior pathways;
• yards;
• designated container-storage areas; and
• other exterior areas reasonably necessary to reach the containers.

This authorization does not permit CurbMate personnel to enter your residence.

Customers are responsible for providing accurate gate, access, or location instructions when necessary.

8. Customer Responsibilities

To receive service, customers must:

• provide an accurate service address;
• provide accurate container-location instructions;
• keep contact and billing information current;
• ensure that containers are available at the Designated Container Location;
• ensure that CurbMate can safely access the containers;
• keep pathways reasonably free of hazards and obstructions;
• ensure containers are in usable condition;
• comply with applicable municipal waste and recycling requirements;
• ensure that the number of containers presented does not exceed the applicable plan allowance; and
• promptly notify CurbMate of changes that could affect service.

Customers must have the legal authority to authorize CurbMate to access the property.

9. Unsafe or Inaccessible Properties

CurbMate may decline or suspend a particular service visit where completing the service would create an unreasonable safety or access risk.

Examples may include:

• locked or inaccessible gates;
• aggressive or unsecured animals;
• dangerous ice or snow conditions;
• blocked pathways;
• construction hazards;
• unsafe stairs or slopes;
• unstable or damaged containers;
• excessive container weight;
• fallen trees or debris;
• flooding;
• inadequate lighting where necessary for safe service; or
• other conditions that reasonably create a risk of injury or property damage.

CurbMate personnel are not required to place themselves in an unsafe situation in order to complete service.

Where reasonably possible, CurbMate may contact the customer regarding the access issue.

Services missed primarily because the customer failed to provide safe or reasonable access may not qualify for a refund or credit, except where required by law.

10. Container Condition and Contents

Customers are responsible for ensuring that containers comply with municipal collection requirements.

Containers must not be so damaged, overloaded, unstable, or otherwise unsafe that they cannot reasonably be moved.

CurbMate may decline to move a container where doing so creates a significant risk of:

• personal injury;
• container breakage;
• spilling;
• property damage; or
• exposure to hazardous materials.

CurbMate is not responsible for municipal refusal to collect containers because of prohibited contents, contamination, excess weight, improper sorting, incorrect container type, improper preparation, or other municipal collection requirements.

11. Excess Containers

Your subscription covers only the number and type of containers included in your selected plan.

If more containers are presented than your plan permits, CurbMate may:

• service only the eligible number of containers;
• request that you upgrade your plan;
• offer an additional-container charge where available; or
• contact you to determine an appropriate service arrangement.

CurbMate will not impose a new recurring charge without providing the disclosures and authorization required by applicable law.

12. Subscription Billing

CurbMate subscriptions are billed on a recurring monthly basis unless expressly stated otherwise when purchased.

By subscribing, you authorize CurbMate and its payment processor to charge the payment method you provide for:

• the applicable subscription amount;
• applicable taxes; and
• any additional charges that you separately authorize.

Your subscription will automatically renew each monthly billing period until cancelled.

Your checkout page and purchase confirmation will identify your applicable recurring charge.

13. Automatic Renewal

Unless cancelled, your monthly CurbMate subscription automatically renews for another monthly term.

You may cancel your monthly subscription at any time without a cancellation fee.

Cancellation prevents future automatic renewals.

Except where required by law, fees already paid for the current monthly subscription period are not prorated or refunded solely because you cancel before the end of that period.

If you cancel, CurbMate may continue providing service until the end of the period you have already paid for unless you request an earlier termination or circumstances require otherwise.

Nothing in these Terms limits cancellation or refund rights provided to you by applicable law.

14. How to Cancel

Customers may cancel through any cancellation method made available by CurbMate, which may include:

• their online customer account or portal; or
• written cancellation sent to curbmateisland@gmail.com.

CurbMate will not charge a cancellation penalty for cancelling a standard monthly subscription.

You should retain confirmation of your cancellation.

Following cancellation, no additional subscription renewal charge will be made unless you later reactivate or purchase service again.

15. Refunds

CurbMate subscription fees for a monthly term that has already begun are generally non-refundable and non-prorated, including where a customer voluntarily cancels during that monthly term.

This does not affect any refund or cancellation rights you may have under applicable law.

If CurbMate fails to provide a scheduled service because of an error within CurbMate's reasonable control, the customer should notify CurbMate promptly.

Depending on the circumstances, CurbMate may provide an appropriate remedy, which may include:

• completing the service where still practical;
• a service credit;
• a partial refund related to the affected service; or
• another reasonable remedy.

Nothing in this section removes rights that cannot legally be waived.

16. Failed Payments

If a recurring payment is declined or cannot be processed, CurbMate may:

• notify you;
• attempt to process the payment again;
• request another payment method; or
• suspend service until the outstanding amount is resolved.

CurbMate will not intentionally continue providing indefinitely recurring paid service without collecting the agreed subscription amount.

17. Promotions and Discounts

From time to time, CurbMate may offer:

• introductory discounts;
• waitlist incentives;
• referral promotions;
• promotional pricing; or
• other limited offers.

The specific eligibility requirements, duration, discount and post-promotion pricing will be disclosed with the applicable promotion.

Unless expressly stated otherwise, promotions:

• have no cash value;
• cannot be combined with other offers; and
• apply only to eligible customers.

If a customer joined the CurbMate waitlist while a $5 off the first month offer was expressly offered to them, CurbMate will apply that offer upon an eligible service activation in accordance with the terms presented when the customer joined.

18. Waitlist

Joining the CurbMate waitlist is free.

Joining the waitlist:

• does not start a paid subscription;
• does not require payment;
• does not guarantee a service date;
• does not guarantee that CurbMate will operate in your neighbourhood; and
• does not obligate you to purchase a CurbMate subscription.

CurbMate may use waitlist information to determine neighbourhood demand, route feasibility and service availability.

When service becomes available, waitlist members may be invited to subscribe.

19. Missed Municipal Collection

CurbMate's responsibility is limited to the bin-valet services included in the customer's plan.

CurbMate does not control the municipality or other waste collector.

Accordingly, CurbMate is not responsible where a properly placed container is not collected because of circumstances attributable to the municipality or collection provider, including:

• delayed collection;
• cancelled collection;
• vehicle breakdown;
• municipal staffing issues;
• rejected contents;
• contamination;
• municipal route changes; or
• another collection-provider decision.

Where practical, CurbMate may adjust its return service to account for known municipal delays, but this is not guaranteed.

20. Weather, Emergencies and Events Beyond Our Control

Service may be delayed, modified, or temporarily suspended because of circumstances outside CurbMate's reasonable control, including:

• severe weather;
• wildfire;
• flooding;
• snow or ice;
• earthquake;
• road closure;
• government order;
• utility outage;
• labour disruption;
• municipal service disruption;
• emergency conditions; or
• another event that makes service unsafe or impractical.

CurbMate will make reasonable efforts to resume normal service when circumstances permit.

21. Service Changes

CurbMate may make reasonable operational changes to its services, routes, service areas, or plan features.

Where a proposed change materially affects an existing customer's price or reduces the service received under their subscription, CurbMate will provide advance notice and cancellation rights as required by applicable law.

Where applicable, material subscription changes will be communicated within the legally required notice period.

Customers who do not agree with a materially adverse change may cancel their subscription without a cancellation penalty.

CurbMate will not retroactively change amounts already paid for completed billing periods.

22. Price Changes

CurbMate may change subscription pricing from time to time.

A new price may apply immediately to new customers.

For existing customers, a change to recurring subscription pricing will take effect only after the notice required under applicable law has been provided.

The notice will identify:

• the new price;
• when it will take effect; and
• applicable cancellation rights.

23. Property Damage

CurbMate personnel will use reasonable care when accessing a customer's property and moving containers.

Customers must inform CurbMate about unusual property conditions or known hazards that may not be readily apparent.

Nothing in these Terms excludes CurbMate's responsibility where liability cannot legally be excluded, including liability arising from CurbMate's own negligence where applicable law prevents such exclusion.

CurbMate is not responsible for pre-existing damage, normal wear, deterioration, or damage caused primarily by defective containers, unsafe property conditions, inaccurate customer instructions, municipal collection equipment, third parties, animals, or circumstances outside CurbMate's reasonable control.

24. Limitation of Liability

To the maximum extent permitted by applicable law, CurbMate will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use or inability to use the service.

This may include losses arising from a missed municipal collection where CurbMate properly performed its contracted service.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by law.

These Terms also do not remove any rights or remedies provided to consumers under applicable consumer-protection legislation.

25. Service Suspension or Termination

CurbMate may suspend or terminate service where reasonably necessary, including where:

• subscription payments remain unpaid;
• the customer repeatedly exceeds their plan limits;
• the property cannot be safely accessed;
• the customer provides materially inaccurate service information;
• the customer or another person threatens, harasses, or endangers CurbMate personnel;
• the customer misuses the service;
• CurbMate is no longer able to service the location; or
• continued service would violate applicable law.

Where reasonably possible and legally required, CurbMate will provide appropriate notice.

If CurbMate terminates prepaid service without cause attributable to the customer, CurbMate will provide any refund or credit required by law and, where appropriate, a reasonable refund for prepaid service that will not be supplied.

26. Customer Communications

CurbMate may send customers communications reasonably necessary to administer their service, including:

• account notices;
• billing notices;
• service updates;
• route or collection information;
• access questions;
• cancellation confirmations; and
• important changes to the subscription.

Service-related communications are different from optional promotional marketing.

Where Canadian anti-spam legislation applies to promotional electronic communications, CurbMate will obtain or rely upon legally valid consent and provide required identification and unsubscribe mechanisms.

Customers may withdraw consent to promotional messages without cancelling necessary service communications.

27. Personal Information and Privacy

CurbMate may collect personal information reasonably necessary to operate the service, including:

• name;
• email address;
• telephone number where provided;
• service address;
• postal code;
• billing information;
• plan information;
• container-location information;
• access instructions; and
• customer communications.

CurbMate's collection, use, storage, and disclosure of personal information are further described in the CurbMate Privacy Policy.

The Privacy Policy should be read together with these Terms.

28. Third-Party Services

CurbMate may use third-party providers to operate portions of its business, including providers for:

• payment processing;
• website hosting;
• communications;
• mapping;
• route management;
• analytics; or
• other operational services.

Use of those services may also be subject to the third party's terms and privacy practices where applicable.

29. Website Use

Customers may use the CurbMate website only for lawful purposes.

You may not:

• interfere with website operation;
• attempt unauthorized access to CurbMate systems;
• knowingly provide fraudulent information;
• impersonate another person;
• misuse payment systems; or
• use the website in a manner that violates applicable law.

30. Intellectual Property

The CurbMate name, branding, logos, website materials, graphics, copy and other original content are owned by or licensed to CurbMate unless otherwise indicated.

You may not reproduce, distribute, modify, sell, or commercially exploit CurbMate intellectual property without permission.

31. Changes to These Terms

CurbMate may update these Terms from time to time.

Changes affecting future website use may become effective when the revised Terms are posted.

Changes that materially affect an existing paid subscription will be communicated and implemented only in accordance with applicable consumer-protection requirements.

Where applicable law gives you the right to cancel because of a material change, that right will continue to apply regardless of these Terms.

32. Electronic Agreements

You agree that contracts, notices, disclosures, confirmations, receipts and other documents may be provided electronically where permitted by law.

After entering into a subscription, CurbMate will provide or make available a copy of the applicable contract and purchase information in accordance with applicable legal requirements.

Customers should retain these records for their files.

33. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada.

Nothing in these Terms prevents a consumer from exercising rights available under applicable consumer-protection legislation.

Any dispute that is not otherwise resolved will be subject to the jurisdiction of the courts or other competent tribunals of British Columbia, subject to applicable law.

34. Severability

If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

35. Entire Agreement

These Terms, together with:

• the plan and pricing information provided at purchase;
• applicable promotional terms;
• the Privacy Policy;
• the Cancellation and Refund Policy; and
• any other terms expressly incorporated into the customer's subscription

form the agreement between the customer and CurbMate.

Nothing in these documents limits statutory consumer rights that cannot legally be waived.

36. Contact CurbMate

Questions, service issues, cancellations, or concerns regarding these Terms may be directed to:

• CurbMate
• Operated by: Haneul Oh & Ibrahim Burrow
• Website: CurbMate.ca
• Email: curbmateisland@gmail.com
• Mailing Address: 2520 Blackwood st, Victoria, British Columbia, Canada.