Terms and Conditions of Service

This is an agreement between you and CanWalker (and its affiliates, “CanWalker” or “we”). Before using CanWalker, please read these CanWalker Terms and Conditions of Service, the CanWalker Privacy Notice, the CanWalker Recurring Payment Terms and Conditions, and the other applicable rules, policies, and terms posted on the CanWalker website (collectively, this “Agreement”). By using CanWalker, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use CanWalker.

 

You agree to have contracted with CanWalker to perform the service of taking out and returning your waste cans at the address specified. You agree that this is a monthly (or quarterly) Service Contract and you agree to pay CanWalker monthly (or quarterly) in advance of the services to be provided for that month (or quarter).

 

For the purposes of these CanWalker Terms and Conditions of Service:

“CanWalker” means CanWalker’s can management service, including the CanWalker website and other related services.

 

“Software” means all software (including any updates or new versions), and any related documentation, that we make available to you for use in connection with CanWalker.

 

“CanRunners” means persons employed or contracted by CanWalker to provide CanWalker’s can management service.

 

Home Access

By submitting your service subscription request online, you are authorizing CanWalker and its CanRunners to access your property (or other location) that you designate for the purpose of taking out and returning your waste cans. By subscribing to our service, you are confirming that you have the right to authorize CanWalker and its CanRunners to access the designated property. It is your responsibility to ensure that CanWalker or its CanRunners have full access to your trash cans on the scheduled service dates. Should CanWalker or its CanRunners arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund.

 

Service

CanWalker or its CanRunners will take out your trash cans the day before your designated waste collection day. After your trash has been picked up, CanWalker will return your cans to the original storage location. You agree that for a flat monthly (or quarterly) fee, CanWalker will take out and return your trash can(s) in accordance with the plan you subscribe to each week. That is 2 service visits per week.

 

Can Access

You must ensure CanWalker or its CanRunners have access to your trash can on the scheduled service day, including but not limited to: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas. If CanWalker or its CanRunners are unable to access your trash cans for any reason, services will not be performed that week and you shall not be entitled to a credit or refund. 

 

CanWalker reserves the right to decline its service for any reason. To ensure smooth service delivery, it is essential that accurate and complete information regarding the location of your trash cans and any necessary access instructions is provided. Failure to supply this information may result in service issues. We cannot be held responsible for non-delivery of service in these circumstances. 

 

Pricing

You agree to pay CanWalker the current monthly or quarterly recurring service fee, depending on which plan you select, plus applicable sales taxes. The prices for each plan are clearly shown on the plans and pricing page of our website. CanWalker reserves the right to increase or decrease the monthly service fee at any time and at its sole discretion.

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Additional Fees

If the trash can(s) is/are more than 35 yards but less than 55 yards, there will be an added fee of $5 per month. If the trash can(s) is/are more than 55 yards but less than 75 yards, there will be an added fee of $8 per month. If the distance is over 75 yards, we will work out the amount of the extra monthly fee via email or phone.

 

Change in Price

Although CanWalker makes every effort to remain as competitive as possible and offer the most reasonable prices, some cost increases to the service provided may be beyond our control. In the event that CanWalker changes the monthly service fee, CanWalker will provide you 2 months written notice of any change. As always, you have the option to cancel at any time if you do not agree with the change in price. If you choose not to cancel, you will be billed and charged the new recurring monthly service fee.

 

Billing

Service is billed at the beginning of each subscription term and is billed on a recurring monthly or quarterly basis to ensure uninterrupted service. Unless a specific request is made to cancel the service, billing will continue on a recurring monthly basis. “2.0” subscriptions involve quarterly billing at a discounted rate. 

 

Applicable sales tax. All applicable local, State, and/or Federal taxes will be added to the current recurring monthly service fee.

 

Payment Terms

By accepting these terms and conditions, you are electing to enroll in the CanWalker Payment Plan and agree to the CanWalker Recurring Payment Terms and Conditions. You hereby authorize CanWalker to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected. Your CanWalker service will automatically renew at the end of each period selected in your Payment Plan (either monthly or quarterly). CanWalker will automatically charge the full amount of Payment to your Payment Method each time your can service renews, unless you cancel according to these terms and conditions.

 

Cancellation

To cancel your service, you may log in to your CanWalker account at our website, (canwalkertx.com) and cancel your subscription. You may also fill out the contact form or email canwalkertx@gmail.com if you have trouble accessing your account or canceling your service. Note that service is billed monthly or quarterly, and no partial credits or refunds will be issued. When you cancel, you may inform us whether you would like us to continue providing services to the end of the service term or if you would like us to cease our services immediately. 

 

Pets

The homeowner/resident is responsible to contain and restrain their pets. For the safety of our CanRunners, if an unrestrained pet is present on the property and our CanRunner determines that it is unsafe to access the property, the delivery of service will not be completed.

 

Vehicles

CanWalker will make every effort to place your waste and recycling cans with great care to a curbside location for city pick-up. In the event that your vehicle or any other vehicles hits or knocks over your trash or recycling, CanWalker will not be held responsible in any way for any damage to the vehicle or cans.

 

Garage Access

You affirm that your garage will be safe and free from hazards. You must disable any alarms or security systems in your home. Neither CanWalker nor its affiliates are responsible for disarming or resetting any alarms or security systems, nor for your failure to do so, or for any liabilities resulting from your security system being unarmed in your home, regardless of the cause. By granting access to your garage for the purpose of servicing your trash cans and providing a garage code, you agree to the following: 1) Assumption of Risk: You acknowledge that you assume all risks associated with granting access to the garage, 2) Limitations of Liability: CanWalker or its affiliates shall not be held liable for: a) any lost or missing items from the garage,  b) any damage to the garage door or opener, c) any occurrences of the garage door being left open. Best Efforts Commitment: While CanWalker or its affiliates will make every effort to open and close the garage responsibly, we cannot be held liable for any issues arising from the access granted. By providing access to the garage, you confirm your understanding of and agreement to these risks and limitations of liability.

 

If your garage door cannot be closed manually or from a control panel outside of the garage, it will be left open. Our CanRunners will not attempt to close the garage door by pressing a button inside of the garage and then running out of the garage before it closes. 

 

Overloading and Closed Lid

For the safety of our CanRunners and to minimize the risk of injury or damage, trash cans must not be overloaded, and lids must be properly closed in accordance with city guidelines. Overloaded trash cans or those with open lids present safety hazards and may lead to service issues. If your trash cans are found to be overloaded or the lids are not closed, we reserve the right to not deliver service. In such cases, no credits, refunds, or adjustments will be issued. We appreciate your cooperation in providing a safe working environment for our CanRunners.

 

Overflowing Trash and Access

To ensure the safety and efficiency of our service, trash cans must be easily accessible and not surrounded by overflowing trash that obstructs access. Our CanRunners must have a clear path to roll trash cans to the curb and back. If overflowing trash or other obstructions prevent our CanRunners from safely accessing the trash cans, service will not be delivered, and no credits, refunds, or adjustments will be issued. 

 

Inclement Weather

The safety of our Customers and CanRunners is our highest priority. In the event of inclement weather, including but not limited to severe rain, ice, wind, or snow conditions, we reserve the right to delay, reschedule, or cancel services without prior notice. No credits, refunds, or adjustments will be issued for services that cannot be delivered due to such weather-related conditions. We appreciate your understanding and cooperation in ensuring the safety of our team.

 

Road Closure Policy

In the event of road closures that prevent access to your property, we cannot be held responsible for the non-delivery of service. If service cannot be delivered due to road closures, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these circumstances beyond our control.

 

Sanitary Trash Can Policy

To ensure the safety and well-being of our CanRunners, if your trash cans are deemed excessively dirty or smelly, we reserve the right not to service your property. It is the customer's responsibility to maintain their trash cans in an acceptable sanitary condition for handling. If you are signed up for notifications, you will be informed via SMS text or email that your trash cans require cleaning. Should the situation persist, your property will not be serviced until the issue is rectified. In the event that service cannot be delivered due to excessively dirty or smelly trash cans, no credits, refunds, or adjustments will be issued.

 

Software and Telecommunication Issues

While we take every precaution to ensure the reliable delivery of our services, we cannot be held responsible for non-delivery of services due to unforeseen software and telecommunication issues. Although such occurrences are rare, certain variables, including but not limited to third-party applications, hardware, and cellular service, are beyond our control. In the event that service cannot be delivered due to these issues, no credits, refunds, or adjustments will be issued. We assure you that we will do everything within our power to mitigate and resolve any such situations as swiftly as possible.

 

Holiday Trash Schedule Adjustments

During holiday periods, we will make every effort to adjust our services in response to changes in your property's trash collection schedule. However, due to the unique observance of holidays by each city and the inconsistencies in the application of their revised schedules, we cannot be held liable for missed pickups during these times. In the event that service cannot be delivered due to a missed holiday pickup, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these variables.

 

Short-Term Rental Properties

HOA: If the property signed up for service is designated for short-term rental use by the owner and not a primary residence, CanWalker shall not be held liable for any notices, fines, or penalties issued by the Homeowner Association (HOA) related to the improper use, placement, or management of trash cans. The Customer assumes full responsibility for adhering to all HOA rules and regulations regarding trash cans and agrees to indemnify and hold CanWalker harmless from any resulting consequences. 

 

Guest interaction: If the property signed up for our services is designated for short-term rental use and not as a primary residence, please be aware that service may not be delivered if our CanRunner determines that accessing the property is inappropriate due to the presence of guests. The safety and comfort of both our CanRunners and your guests are of utmost importance, and we will not access the property if there is a risk of startling or disturbing guests. In the event that service cannot be delivered for this reason, no credits, refunds, or adjustments will be issued. 

 

Force Majeure: 

Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, lockouts, labor disputes, equipment or material shortages, power failures, transportation delays, or any other event or condition that is beyond the reasonable control of the affected party (collectively, "Force Majeure Events"). During the continuance of such Force Majeure Events, the obligations of the affected party shall be suspended to the extent necessary. The affected party shall promptly notify the other party of the occurrence of a Force Majeure Event and its expected duration. If the Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by providing written notice to the other party.

 

Customer Satisfaction: 

Our goal is your complete satisfaction. In the event that a job is not satisfactorily completed, it is the customer’s responsibility to notify CanWalker within 7 days, (preferably sooner), so that we can look into the matter and resolve it quickly to your satisfaction.

 

Changes to CanWalker

We may change, suspend, limit, or discontinue CanWalker, or any part of it, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the CanWalker website. Your continued use of CanWalker after the effective date of the revised Agreement constitutes your acceptance of the terms.

 

Contact Information

For help with CanWalker or resolving other issues, please contact us at CanWalkerTX@Gmail.com

 

Disputes/Binding Arbitration

Any dispute or claim arising from or relating to this Agreement or CanWalker is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the CanWalker Conditions of Use. By using CanWalker, you agree to be bound by those terms.

 

Disclaimer

Under the terms of this agreement, CanWalker will not be held responsible for any damage to your waste or recycling cans. Furthermore, CanWalker shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. CanWalker will not be held responsible for any damage caused to vehicles that may back-up or hit your waste or recycling cans in any way.

 

Right to Refuse Service 

CanWalker reserves the right to refuse service to any property, at its sole discretion, for any reason. This right may be exercised without the requirement of explanation, and no liability shall arise from the decision to refuse service. The refusal may be based on, but is not limited to, factors such as safety concerns, property condition, non-compliance with terms and conditions, access issues, or any other reason deemed appropriate by CanWalker.

 

Recurring Payments Terms & Conditions

By accepting these terms and conditions through your election to enroll in the Payment Plan selected by you, you hereby authorize CanWalker to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.

 

Your CanWalker can service will automatically renew at the end of each period selected in your Payment Plan (either monthly or quarterly). CanWalker will automatically charge the full amount of Payment to your Payment Method each time your can service renews, unless you cancel according to the terms and conditions stated below.

 

Payments, Payment Account and Payment Method

You agree that the Payment Method specified by you for automatic Payments to CanWalker is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card or other mode of payment, as applicable, to make your Payments. The automatic charge to your Payment Method will occur on the Billing Date of the month(s) of payment according to your Payment Plan. In addition, CanWalker may subscribe to an account updater service, which may be supported by your Payment Method issuer, such as your credit card provider or bank. If your Payment Account number or Payment Account expiration date changes, you understand and agree that your Payment Method issuer may notify CanWalker of such changes in order for CanWalker to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.

 

Automatic Renewal

Your can service will continue for the length of the initial term you selected for your Payment Plan and at the end of your Payment Plan term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your CanWalker can service is cancelled, terminated, or discontinued by you or by CanWalker. Your Payment Method will automatically be charged at the rates in effect at the time of renewal.

 

Notification of Payments

With the exception of a confirmation email sent to you from CanWalker confirming your selected Payment Plan, you may not receive any receipt of payment emails to your Email Account notifying you that a Payment has been made under the Payment Plan. Such confirmation email may be your only notification from CanWalker regarding your Payments under the Payment Plan. You understand and agree that CanWalker may not provide you with advance notification before a Payment is charged to your Payment Method.

 

Current Information 

It is your responsibility to make sure that your Payment Method information and Email Account information are current at all times during the term of the Payment Plan.

 

Payment Method Declined

If any Payment charged to your Payment Method is declined, you authorize CanWalker to make additional attempts each day for up to twenty (20) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If CanWalker is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize CanWalker to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.

 

Electronic Signature

By signing this Agreement electronically, both parties agree that the electronic signatures are the legally binding equivalent of traditional handwritten signatures. The use of electronic signatures, including but not limited to clicking "I Agree" or signing electronically, constitutes acknowledgment and acceptance of the terms and conditions of this Agreement. Each party agrees that no certification authority or other third-party verification is necessary to validate the electronic signature, and that the lack of such certification or verification will not in any way affect the enforceability of the electronic signature or this Agreement.

 

Messaging Terms & Conditions

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from CanWalker for CanWalker. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

 

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with CanWalker. CanWalker reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. CanWalker also reserves the right to change the short code or phone number where messages are sent.

 

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.

 

Your consent to receive marketing messages is not a condition of purchase.

 

Carriers

Carriers are not liable for delayed or undelivered messages.

 

Privacy

If you have any questions about your data or our privacy practices, please see our Terms and Conditions above.

 

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.