Legal

Terms of Service

The following Terms of Service (“Terms”) is a legal agreement(“Agreement”) between you and GERMAN EXCELLENCE SOLUTIONS, INC. (“GES”, the ”Company”, “We” or “Our”) that governs your use of our website and application for mobile devices (collectively the “Software”), provided in connection with our cleaning services. We call all of the services we make available to you, including cleaning, the “Service”. By accessing the Site, or by using any products or Services provided by GES, you agree to, and are bound by, the Terms and conditions of this Agreement and to the collection and use of your information as set forth in the GES Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

GES reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE GES SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

1. USE OF OUR SERVICE

A. Eligibility

You may use the Service only if you can form a binding contract with GES, and only in compliance with this Agreement and all applicable laws in the Philippines. Any use of the Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by GES.

By accessing, browsing, or using the Service you represent that you are at least eighteen (18) years of age and have not been previously suspended or removed from the Service.

If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization.

B. Cleaning Services 

GES’ obligations: As part of our Service, you may order, and our representatives may provide, cleaning Services for your residence. GES uses reasonable efforts to ensure that the cleaning will be provided in a professional and satisfactory manner. You understand and agree, however, that GES does not guarantee that your cleaning will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that GES’ total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your property resulting from a cleaning performed by GES’ representatives or your interactions with a GES’ representative) will be as is set forth in the Limitation of Liability section below.

Your obligations: If you choose to make a reservation for a cleaning Service, then you must:

i.

Verify the location of your residence while submitting a cleaning reservation;

ii.

Provide the true and correct area and type of the residential unit;

iii.

Arrange necessary and required permits (e.g. working permit) from the building management in advance to ensure the GES representative is allowed to enter the building or apartment and perform the Services;

iv.

Ensure that on the day of the scheduled cleaning, our cleaners are having access to your home. You or your authorized representative could be present or you may leave your keys at our nearest store and authorize access to your home. After a grace period of fifteen (15) minutes without getting access to your home, your cleaning appointment will be cancelled and you cannot reschedule the Service and your payment will be forfeited;

v.

Arrange items from the floor and leave table/counter/drawer tops free from clutter and the compartments thereof locked and or closed;

vi.

Safeguard that pets are contained;

vii.

Ensure that electricity, water, and other facilities required are available to our cleaners free of charge. Should there be no electricity or water access due to brown out or black out or other circumstances, GES shall have the right to refuse rendering the full Service. GES is not responsible for any damages that might occur to electrical wirings, breakers, choked-up drainpipes or any other related damages; and,

viii.

Remove from plain sight and/or secure all valuables in your residence before our representative arrives to clean your residence.

Failure to adhere to your obligations hereunder may result in our inability to provide you with cleaning Services. Furthermore, any injury sustained by our cleaners such as medical expenses and other expenses shall be shouldered by you. In no event will GES be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.

Upon registration, an ocular survey of the property may be made by a GES representative. Prior to the commencement and upon the completion of every cleaning Service, our cleaners will conduct a pre- and post-cleaning survey concerning the condition of the area which shall be signed in acknowledgement from you or your authorized representative. In the event you or your authorized representative is not on-site the surveys will also become valid without formalities. Any theft, loss, or damage to your property must be reported to us immediately to determine the best course of action. In case of damage, theft or loss, a report shall be conducted and acknowledged from GES and the client. The burden of proof rests on the client. The limited liability of GES is enclosed under Item 15 of this Agreement.

Should you be unsatisfied or have any concerns regarding our Service, you may contact us at info@gesph.com not later than twelve (12) hours from the Service. Our representative will assess the area and if justified, we will re-clean the area free of charge.

Finally, under any circumstance, you are not allowed to hire past or present cleaners within one (1) year from the date of termination of employment of the cleaner. In the event that you are found to have hired any of our cleaners in contradiction to the Agreement, you must pay a fee of Fifty Thousand Philippine Pesos (PhP50,000.00) and your payment will be forfeited as the case may be.

C. Scope of Services

The scope of our cleaning Services depends on the package you have chosen. It is expressly agreed and understood that we will not render any other Service except those included in your package. Should you wish to avail of additional or extra Services, you may book another cleaning appointment with us.

Regular Cleaning (goClean) includes the following:

In all Rooms – Dust and wipe furniture, appliances, surfaces, picture frames, lamps, accessories, decorations, and woodworks; Dust blinds and ceiling fans; Remove cobwebs from ceiling to walls; Clean indoor windows and windowsills where accessible; Wipe doors, doorframes, baseboards, and sockets; Clear clutter; Vacuum and mop floorings and mats; Polish mirrors; Empty trash bins and replace trash bags; Empty and clean ashtrays; and Clean and sanitize doorknobs and light switches.

Bathroom – Clean and sanitize toilet, toilet fixtures, bathtub, shower cabin, shower walls, flooring, and utensils; Clean, sanitize, and polish washbasin, backsplash, faucet, and fixtures; Scrub water deposits; Dust and wipe cabinets front, countertop, shelves, and other surfaces; Polish glass panels; and Hang and fold towels.

Kitchen – Minor dish washing; Dust and wipe cabinets front, drawers, countertop, shelves, and other surfaces; Clean and polish sink, backsplash, faucet, and fixtures; and Surface clean small kitchen appliances, refrigerator, stove, oven, microwave, and range hood.

Living and Dining Room – Dust and wipe drawers, cupboards, dining table, chairs, shelves, and other furniture; Polish wooden furniture; Dust TV and other appliances; and Vacuum carpets, rugs, upholstery, and upholstered furniture.

Bedroom – Dust and wipe closets front, drawers, bedframe, side tables, shelves, and other furniture; Polish wooden furniture; Vacuum carpets, rugs, upholstery, and upholstered furniture; Make beds and change linens; and Fold loose clothing.

Deep Cleaning (enClean) may include the following:

Balcony – Flooring; Railing; and Outdoor windows where accessible.

Carpet – Moveable.

Kitchen – Deep clean small kitchen appliances; Refrigerator in- and outside; Stove and oven in- and outside; and Range hood and filters (available only as a package deal).

Mattress – Crib; Single; Double; Sofa Bed; Queen; and King.

Upholstery – Chairs; and Sofas.

Special Cleaning (soClean) upon request using the form provided for bookings with a minimum fee of One Thousand Pesos (PhP1,000.00).

What we do not do. Cleaning inside cabinets and drawers; Cleaning curtains and chandeliers; Outdoor window cleaning (except balcony windows where accessible); Cleaning grease trap; Clearing groceries; Food preparation and cooking; Laundry, ironing, and folding of clothes; Shoe polishing; Heavy moving of furniture; Packing and unpacking; Pet litter and pet cages cleaning; Pet grooming; Pest control, termite treatment, and fumigation; Janitorial services and maintenance; and Garden landscaping.

D. Online Accounts

Username and Password. You must create an account in order to use most features of the Service. You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Service. You must not disclose your password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password.

Connecting Your Account. By connecting GES with a third-party service (such as Twitter or Facebook), you give us permission to access and use your information from that service as permitted by that service, store your log-in credentials for that service, and post information on your behalf through the service.

Accuracy. You must provide true, accurate, current, and complete information about yourself as requested by any form you complete as part of the process of registering for the Service and/or setting up your account. If we enable you to log in to GES using your credentials from a third-party service (such as Twitter or Facebook), you must ensure that all information you make available to us through such third-party services (e.g. your name, email address, physical address, gender, and birthday) is true, accurate, and complete. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, we reserve the right to terminate your account and refuse any and all current or future use of the Service. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information.

E. Online and Mobile Service Rules

Acceptable use of the online and mobile Service. You agree not to engage in any of the following prohibited activities:

i.

Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;

ii.

Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the GES servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that GES grants the operators of public search engines revocable permission to use spiders to copy materials from the GES Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

iii.

Transmitting spam, chain letters, or other unsolicited email;

iv.

Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

v.

Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

vi.

Uploading invalid data, viruses, worms, or other software agents through the Service;

vii.

Collecting or harvesting any personally identifiable information, including account names, from the Service;

viii.

Using the Service for any commercial solicitation purposes;

ix.

Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

x.

Interfering with the proper working of the Service;

xi.

Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or

xii.

Bypassing the measures, we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Changes to the Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

2. LICENSE GRANT AND RESTRICTIONS 

GES hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the Terms and conditions of this Agreement. All rights not expressly granted to you are reserved by GES and its licensors.

You shall not:

i.

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;

ii.

Modify or make derivative works based upon the Service or the Software;

iii.

Create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device;

iv.

Reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software; or

v.

Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.

You may use the Software and Service only for your personal, non-commercial purposes and shall not:

i.

Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

ii.

Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;

iii.

Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

iv.

Interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or

v.

Attempt to gain unauthorized access to the Software or Service or its related systems or networks.

3. OUR PROPRIETARY RIGHTS

GES alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by GES. GES’ name, logo, and the product names associated with the Software and Service are trademarks of GES or third parties, and no right or license is granted to use them.

4. PAID SERVICES

A. Billing Policies

If you elect to purchase a cleaning Service on or through our online or mobile Service, you agree to pay the amount presented on the billing screen and as set forth on our website. GES may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion.

GES will charge you for Services through the payment method specified in your account (e.g. a credit card). If you pay with a credit card, GES may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested cleaning Service. You authorize such credit card account to pay any amounts described herein, and authorize GES to charge all sums described herein to such credit card account. You agree to provide GES updated information regarding your credit card and account upon the GES’ request and any time the information earlier provided is no longer valid.

B. Misrepresentation and Non-Disclosure

The price of the cleaning Service is based on the information you have inputted in the Software. Thus, you agree that all information you have given to us is true and correct. Any fraudulent or negligent misrepresentation or failure to disclose other material information with respect to the objects, materials or area to be cleaned may affect the cleaning Service and result to the forfeiture of your payment. 

C. Cancellation Policy and Refund

In the event you need to reschedule your cleaning appointment, notice through the online Software must be given to us at least twenty-four (24) hours prior to your assigned schedule. You are given a one (1) time rebooking option free of charge. Failure to give us a twenty-four (24) hour notice will result to the forfeiture of your payment.

Scheduled cleaning appointments are non-refundable. In the event you need to cancel your cleaning appointment, notice through the online Software is appreciated but non-refundable and shall lead to forfeiture of your payment.

The cleaning Service is specific to the property subject of this Agreement. Should you have a change of residence, we will be happy to continue our Services provided that we cater to the place of your new residence and that the new area to be cleaned is the same size as the previous one. If the new area to be cleaned is larger than the previous area, a new price quotation shall be issued to you based on the size of the property. If the new area to be cleaned is smaller in size, the conditions shall remain the same based on the current Agreement. We shall not allow any price change if the new area to be cleaned is smaller than the original area. If we do not cater to the place of your new residence, fifty percent (50%) of your payment for the unused Service shall be refunded.

Notice of change of residence accompanied with proof of such change must be given at least one (1) full month before the next scheduled cleaning appointment. Failure to give the one (1) month notice and proof of change of address will lead to forfeiture of your payment.

D. Termination and Rescheduling

We reserve the right to terminate this Agreement upon notice to you at least twenty-four (24) hours prior to the scheduled appointment and your payment shall be partially refunded.

In case of non-regular holiday announcement, we reserve the right to reschedule or cancel your booking and your payment shall be partially refunded.

Our cleaners will arrive at your assigned time and will immediately commence cleaning the area. The duration of the cleaning Service will depend on the circumstances of the area to cleaned.

Should our cleaners fail to start commencing the cleaning Services at your assigned time after a grace period of fifteen (15) minutes, your booking shall be rescheduled or your payment shall be partially refunded. However, you may also choose to push through with your cleaning appointment. GES cannot be sued to any other charges or compensations due to delays or any other inconvenience that might be a result of it.

In case of force majeure (typhoon, flooding, earthquake, volcano eruption, riots, etc.), we reserve the right to reschedule or cancel your booking and your payment shall be partially refunded.

E. Payment Information and Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

5. SMS MESSAGING, EMAIL, AND APPLICATION NOTIFICATION

When you sign up for the Service, GES may need to send you a SMS Message, an email, and/or an application notification in order to verify your phone number and/or email address. GES may from time to time notify you of your account registration; keep you informed about your bookings including booking confirmation, rebooking, cancellation, and cleaning Service information; and, notify you of updates of Terms of Service, news, promotions, feedback, and the like through SMS Messages, email, and/or application notifications. Some of these messages may be necessary for the fulfillment of the Service and cannot be opted out of. Depending on your current carrier plan, you may incur charges for these SMS Messages, and agree not to hold GES liable for any charges incurred.

6. FEEDBACK

You may provide GES with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the “Feedback”). Feedback provided to GES may be used by us to improve the Service, and accordingly, you hereby grant GES a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

7. PRIVACY

Your privacy matters greatly to us. For important disclosures regarding our collection and use of your information, you should visit our Privacy Policy. We encourage you to read the Privacy Policy and to use it to help make informed decisions regarding your use of our Service. By using our Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

8. SECURITY

GES cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9. MODIFICATION OF TERMS

We may modify the Terms of Service and/or our Privacy Policy at any time by posting the modified version on the website/Software or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service or Privacy Policy (as applicable), but solely on a going forward basis. Material changes to the Terms will automatically become effective, on a going forward basis, thirty (30) days after they are posted to the website/Software or sent to you via email. 

10. COMPANY PROPERTY 

Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that GES and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if GES or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of the Philippines. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.

The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of Users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. GES owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to GES. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.

11. THIRD-PARTY LINKS

The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by GES. GES does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and GES’ Privacy Policy do not apply to your use of such sites. You expressly relieve GES from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that GES shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

12. TERMINATION OF USE, DISCONTINUATION, AND MODIFICATION OF THE SERVICE 

If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service:

i.

For any reason or no reason at all;

ii.

Where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of GES or any third party; or

iii.

In connection with any general discontinuation of the Service.

We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time through our online Software system.

13. INDEMNITY

You agree to defend, indemnify and hold harmless GES and its agents, licensors, managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

i.

Your use of and access to the Service, including any cleaning Services received by you and performed by GES representatives;

ii.

Any alleged or actual loss or damage to property (including your residence), resulting from the performance of the Services hereunder (including the cleaning Services);

iii.

Your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above;

iv.

Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

v.

Your violation of any applicable law, rule or regulation; and,

vi.

Any other party’s access and use of the Service with your unique username, password or other appropriate security code.

14. NO WARRANTY

To the maximum extent permitted by applicable law, GES does not warrant, endorse, guarantee, or assume responsibility for the Services hereunder, including the cleaning Services performed by GES’ representatives, or any losses or damages that may result therefrom. The Service, including our cleanings, are provided to you on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties or any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, or non-infringement. Without limiting the foregoing, GES, its subsidiaries, and its licensors do not warrant that the Service is accurate, reliable or correct; that the Service will meet your requirement; or at that the Service will be available at any particular time or location, uninterrupted or secure. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that the results from such download or your use of the Service.

When you use the Service to request and have a cleaner perform a job, you understand and acknowledge that no cleaner has authority to make any changes to these Terms, and that any statements, representations, or warranties made by a cleaner or any third party are disclaimed by GES and do not expand or otherwise modify these Terms. With the exception of the fact that GES interview and runs background checks based on the identification information provided by each cleaner, the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Services provided by a cleaner. 

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall GES, its agents, directors, employees, representatives, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Service, including the cleanings performed by GES’ representatives. Under no circumstances will GES be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, GES assumes no liability or responsibility for any of the following:

i.

Errors, mistakes, or inaccuracies of content;

ii.

Personal injury or property damage, of any nature whatsoever, resulting from our Service, including the cleaning Services performed by our representatives;

iii.

The act or omissions of our employees, contractors, or representatives performing Services on our behalf;

iv.

Violation of privacy of clients and/or guests including but not limited to taking photos, recording audio or videos of clients, guests, and/or their homes and posting/sharing the same in the Internet or using it for private interests;

v.

Unlawful or discriminatory posts, tags and/or comments from GES representatives in Facebook, Twitter, Instagram, or other similar websites;

vi.

Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

vii.

Any delay in the Services, including a delay of GES’ representatives in performing cleanings;

viii.

The failure of GES’ representatives to performs the cleaning Services;

ix.

Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile Service by any third party;

x.

Any errors or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

xi.

User content or the defamatory, offensive, or illegal conduct of any third party.

The Service is controlled and operated from its facilities in the Philippines. GES makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Philippine and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Philippines, or are a foreign person or entity blocked or denied by the Philippines government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Philippines.

16. INTERNET DELAYS

GES’ Service and Software may be subject to limitation, delays, and other problems inherent in the use of the internet and electronic communications. GES shall not be responsible for any delays, delivery failures, or other damage resulting from such problems. 

17. DISPUTE RESOLUTION AND ARBITRATION

A. Agreement

Generally, in the interest of resolving disputes between you and GES in the most expedient and cost-effective manner, you and GES agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. 

B. Exceptions 

Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to:

i.

Bring an individual action in small claims court;

ii.

Pursue enforcement actions through applicable courts or government agencies where such actions are available;

iii.

Seek injunctive relief in a court of law; or

iv.

To file suit in a court of law to address intellectual property infringement claims.

C. Arbitrator

In case of arbitration, the parties may choose to submit their dispute to the Philippine Dispute Resolution Center (PDRC) or arbitrate by themselves.

Institutionalized Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally resolved by arbitration in accordance with the rules of the PDRC. Unless otherwise agreed upon, a sole arbitrator shall be chosen by the parties. The place of arbitration shall be in Makati, Philippines. The language to be used in the arbitral proceedings shall be English.

Ad Hoc Arbitration. Should the parties administer the arbitration proceedings by themselves the rules in Republic Act No. 876, otherwise known as “The Arbitration Law” shall apply. An arbitration shall be instituted by filing with the Clerk of Court of the Regional Trial Court (RTC) having jurisdiction of the submission agreement, setting forth the nature of the controversy and the amount involved. The arbitration shall be instituted where the principal place of business of any of the parties is located or if a party is an individual, where he/she resides.

The parties agree that this arbitration clause is an explicit waiver of immunity against validity and enforcement of the award or any judgment thereon made pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be enforceable in any court having jurisdiction in accordance with its laws against any party participating in the arbitration. 

D. Notice and Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or GES may commence an arbitration proceeding. 

E. Fees

The arbitrator may make rulings and resolve the disputes as to the payment and reimbursement of fees and expenses at any time during the proceedings and upon request from either party.

F. No Class Actions

You and GES agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and GES agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

G. Modifications

In the event that GES makes any future change to this arbitration provision (other than a change to the GES’ address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to GES’ address for Notice, in which case your account with GES shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

18. GOVERNING LAW AND VENUE

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the Philippines as they apply to agreements entered into and to be performed entirely within the Philippines, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GES agree to submit to the personal and exclusive jurisdiction of the courts located within the Philippines for the purpose of litigating all such claims or disputes.

19. GENERAL

The Terms of Service, together with the Privacy Policy constitute the entire and exclusive understanding and Agreement between you and the GES regarding your use of and access to the Service. You may not assign or transfer the Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may amend the Terms of Service at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

20. CONTACT INFORMATION

If you have any questions regarding the Terms of Service or the Service, please contact us:

German Excellence Solutions, Inc.
7th Floor, Unit B, 8 Rockwell
Hidalgo Drive, Rockwell Center
Makati City 1210, Philippines

Phone: +632 906 3312
Email: info@gesph.com

Privacy Policy

German Excellence Solutions, Inc. (“GES”, “we”, or “us”) values and respects your privacy. This Privacy Policy sets out what and how we collect, use, and protect any and all information, that you have provided GES through registration/application forms or any other similar form or any information about you that has been or may be collected, stored, used, and processed by GES from time to time, when you use the GES software application (“App”). By using our service, you are accepting and consenting to the practices set out in this policy.

1. WHAT WE COLLECT

We may collect and process the following information about you: Personal Data such as but not limited to your name, address, e-mail address, mobile number, property and credit card details; if you contact us, we may keep a record of our conversation; details of your visit to the App such as but not limited to traffic date and location data; and such other information necessary to carry out our engagement.

2. HOW WE COLLECT INFORMATION 

In addition to the Personal Data you provide to GES directly, GES may collect your Personal Data from a variety of sources such as application/registration forms or other similar forms, publicly available sources (e.g. directories), GES’ social media accounts, reports from credit reporting agencies, interactions/communications with GES at events/activities, contests organized by GES, entities/divisions controlled by GES, GES operated websites, and cookies used on the websites. 

3. PURPOSE OF PROCESSING

GES may use and process your Personal Data for business and activities of GES which shall include but not limited to the following:

i.

To perform obligations under your contract with us and provide you with the service you requested;

ii.

To process your subscriptions and deliver our services to you including the use of the App;

iii.

To process your participation in any GES events and activities;

iv.

To process, manage or verify your application for subscription with GES and to provide you the benefits offered to subscribers;

v.

To validate your bookings and process payments relating to any products or services you have requested;

vi.

To develop, enhance and provide products and services to meet your needs;

vii.

To respond to questions, comments and feedback from you;

viii.

To communicate with you for any of the purposes listed herein;

ix.

For internal administrative purposes, such as auditing, data analysis, database records;

x.

For purposes of detection, prevention, and prosecution of crime; or

xi.

For GES to comply with its obligations under law.

GES may also use and process your data for other purposes such as:

i.

To notify you of our products and services;

ii.

To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from GES, its partners, sponsors or advertisers;

iii.

To notify and invite you to events or activities organized by GES, its partners, sponsors or advertisers; or

iv.

To share your Personal Data amongst its subsidiaries, associate companies and jointly controlled entities as well as with its agent, vendor, supplier, partner, contractor or service provider who may communicate with you to market their products, services, events or promotions. 

4. PPOTECTION AND NON-DISCLOSURE OF INFORMATION

GES will not make use of disclosed information about you to any third party without your prior written consent, except where required by law. All information about you both written and electronic is held in a secure location with controlled access. However, we do not guarantee the security of our database nor do we guarantee that your information will not be intercepted, and any information you transmit to us you do at your own risk.

Your information is shared with all GES employees who are tasked to keep all client information confidential and to use such information for purposes of fulfilling their employment duties with GES.

5. HOW WE USE YOUR INFORMATION

GES does not sell or share your information to third parties. GES collects and uses the information primarily to provide you with our services and features. We also use the information we collect for customer support, safety and security, research and development, communications, promotions, and in connection with legal proceedings. GES uses your information for purposes including:

Services and features. We use your information to perform our cleaning services, process payments, personalize your GES accounts, and perform internal operations necessary to provide our services such as analyze usage activity and trends, trouble shoot, and conduct data analysis.

Safety and security. We use your information to help verify accounts and activity. We also keep track of your information to detect suspicious and fraudulent transactions using your GES account.

Customer support. We use your information to assist you when you contact us, investigate and address your concerns, and monitor and improve our customer support.

Research and development. We analyze your information to help us evaluate and improve our products services and develop new products and services.

Communications. We use your information to send you marketing promotions, communicate with you about our services, and keep you updated with our terms and policies.

Legal proceedings. We use your information to process claims and disputes arising from your use of our services, or otherwise allowed by law. 

6. INDIRECT INFORMATION GATHERING

From time to time, we may collect information about your computer/device. Standard information collected during the use of our site may include: pages visited on the site; date, time, and length of site access, and IP address of the devices used.

7. YOUR RIGHTS

You control your information. If you want to delete or update anything, you may do so through the App.

You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you before collecting your personal information if we intend to use the same for such purposes. You can exercise the right at any time by contacting us at info@gesph.com

When you terminate or deactivate your account with us, we may retain some of the information you have entered into our system for a reasonable period of time for back up purposes or any other legitimate business purpose. 

8. THIRD-PARTY LINKS

The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by GES. GES does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the service, you do so at your own risk, and you understand that GES’ Privacy Policy and other Agreements do not apply to your use of such sites. You expressly relieve GES from any and all liability arising from your use of any third-party website, service, or content.

9. AGE RESTRICTION

GES cares about the safety of the children. Because the service is not directed toward children, children under eighteen (18) years of age are not allowed to register with our service.  

10. CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on our App and, where appropriate, notified to you by email.

11. CONTACT INFORMATION

If you have any questions regarding the Terms of Service or the Service, please contact us:

German Excellence Solutions, Inc.
7th Floor, Unit B, 8 Rockwell
Hidalgo Drive, Rockwell Center
Makati City 1210, Philippines

Phone: +632 906 3312
Email: info@gesph.com