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Terms of Use

Last Updated: March 2026

1. Introduction

This website (www.smilehvac.ca) is operated by Smile HVAC (“Smile HVAC”, “us”, or “we”). The use of our website is subject to the following Terms of Use, as amended from time to time (the “Terms”). The Terms are to be read together with any terms, conditions, or disclaimers provided on the pages of our website.

In the event of a conflict between the Terms and any other terms, conditions, or disclaimers provided on our website, these Terms shall govern and control your rights. Please review the Terms carefully. These Terms exempt Smile HVAC and other persons from liability and contain other important provisions that you should read carefully. The Terms apply to all users of our website, including browsers, customers, vendors, and contributors of content.

Please see our Privacy Policy to learn about how we collect, use, and share personal information. The Privacy Policy is expressly incorporated by reference into these Terms. By using the website, you acknowledge that you have read, understood, and agreed to be bound by our Privacy Policy.

If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms and our Privacy Policy, you are not authorized to access our website or use any of our services.

Each time you use the website, the Terms as they then read will govern your use. Smile HVAC may, in its sole discretion, change, supplement, or amend the Terms at any time, for any reason, with reasonable notice and without liability to you or any other person.

2. Use of the Website

You agree to use our website for legitimate purposes only and not for any illegal or unauthorized purpose, including in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your province of residence and are legally capable of entering into a binding contract.

You agree not to use our website to conduct any activity that would constitute a civil or criminal offence or violate any applicable law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details in order to complete your order or for us to contact you as needed. You agree to promptly update your account and information as required.

The website may not be used for any purpose not expressly permitted by the Terms. Without the express prior written consent of Smile HVAC, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, or distributed in any way, in whole or in part.

3. Service Area and Eligibility

Smile HVAC provides HVAC services primarily within the Greater Toronto Area and surrounding regions in Ontario, Canada. Prices, availability, and service terms displayed on this website are valid for our designated service areas. For installations or service requests outside these areas, please contact us directly for adjusted pricing and availability.

Our services are available to residential and commercial property owners or authorized representatives who are legally able to enter into binding agreements under Ontario and Canadian law.

4. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice.

You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website.

The content of the website does not constitute professional advice or recommendations. You should seek qualified third-party professional advice before acting upon any information provided on or through the website.

5. Quotations, Estimates, and Orders

All quotations and estimates made and orders accepted by Smile HVAC are subject to these Terms and Conditions.

Any provision, stipulation, or condition that conflicts with or in any way qualifies or negates any of these Terms shall have no effect, and these Terms shall prevail.

No variation of these Terms shall be valid unless evidenced in writing signed by an authorized representative of Smile HVAC.

If any given completion date is delayed for any reason beyond our control — including but not limited to inclement weather, accidents, loss or damage of any kind, labour disputes, or the inability to secure labour and/or materials — a fair and reasonable extension of time shall be granted to Smile HVAC.

The customer will provide adequate space at the job site to allow our technicians to store all materials required for the installation or service.

6. Payment Terms

You agree to pay all applicable charges (including applicable taxes) for any products or services purchased from Smile HVAC. Unless otherwise indicated, all prices are displayed in Canadian dollars.

Payment in full shall be made on the day of completion of the works, unless otherwise agreed in writing. Any unpaid amounts shall accrue interest at the maximum rate permitted by applicable Ontario law.

On full payment made by credit card, a transaction processing fee may apply. This fee will be disclosed at the time of payment.

All deposits paid to Smile HVAC are non-refundable unless otherwise specified in writing. Smile HVAC retains title to all equipment and materials furnished until final payment is received in full.

If payment is not made as agreed, Smile HVAC reserves the right to remove installed equipment or materials at the customer’s expense, and/or pursue additional legal remedies, including the placement of construction liens. The customer is responsible for all legal fees and costs incurred by Smile HVAC in the enforcement of payment obligations.

7. Installation and Technical Requirements

YOU AGREE THAT YOU WILL NOT INSTALL, ACTIVATE, OR OPERATE ANY HVAC PRODUCTS OR EQUIPMENT PURCHASED OR INSTALLED THROUGH SMILE HVAC UNLESS SUCH INSTALLATION OR ACTIVATION IS PERFORMED OR INSPECTED BY A CERTIFIED TECHNICIAN IN ACCORDANCE WITH ALL APPLICABLE LAWS, BUILDING CODES, AND MANUFACTURER SPECIFICATIONS.

The customer is responsible for ensuring that the property meets all necessary prerequisites for the installation, including adequate electrical supply, gas connections, ductwork condition, and structural requirements, unless otherwise agreed in writing.

8. Limited Warranty

All materials, parts, and equipment are warranted solely by the respective manufacturer’s warranty. Smile HVAC makes no additional warranties with respect to any equipment or materials beyond those provided by the manufacturer.

All labour performed by Smile HVAC is warranted according to the specifications outlined in the service agreement or invoice. Labour warranties are void if the installed equipment or system is subsequently worked on by any party other than Smile HVAC or its authorized technicians.

Smile HVAC agents and technicians are not authorized to make any warranties on behalf of the company other than those contained in the written service agreement.

All manufacturer warranty registrations are the responsibility of the customer and should be completed promptly after installation.

9. Intellectual Property

The website and its entire contents, features, and functionality — including all information, software, text, displays, images, video, audio, and design — are owned by Smile HVAC, its affiliates, licensors, or other providers of such material, and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may print or download one copy of any content on this website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You must not reproduce, copy, modify, distribute, sell, or create derivative works based on the content available on the website without prior written permission from Smile HVAC.

All Smile HVAC trademarks, service marks, logos, and trade names are the exclusive property of Smile HVAC. Nothing on this website shall be construed as granting any licence or right to use any such marks without prior written permission.

10. Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the website in any way that violates any applicable federal, provincial, or local law or regulation.
  • Transmit any unsolicited commercial communications, spam, or chain letters.
  • Impersonate Smile HVAC, a Smile HVAC employee, another user, or any other person or entity.
  • Use any automated device, script, robot, spider, or scraper to access, monitor, or copy any content from the website.
  • Introduce any viruses, trojans, worms, logic bombs, or other malicious or harmful code.
  • Attempt to gain unauthorized access to any part of the website, its servers, or any connected systems or databases.
  • Attack the website via a denial-of-service attack or any other disruptive means.
  • Use the website in any manner that could damage, disable, overburden, or impair the website or interfere with other users’ access.

 

11. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Smile HVAC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise you to review the terms and privacy policy of any third-party site you visit.

12. Errors, Omissions, and Accuracy of Information

The information presented on or through the website is made available solely for general information purposes. We endeavour to provide current and accurate information on the website; however, misprints or other errors may occur. We reserve the right to change prices, fees, and service details at any time and without prior notice.

We do not warrant the accuracy, completeness, or usefulness of any information on the website. Any reliance you place on such information is strictly at your own risk.

13. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL MATERIALS, INFORMATION, AND CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMILE HVAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SMILE HVAC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SMILE HVAC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE ONTARIO OR CANADIAN LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Smile HVAC and its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the website.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without giving effect to any choice or conflict of law provision or rule.

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of this website shall be resolved exclusively before the courts of Ontario, Canada. You hereby irrevocably submit to the personal jurisdiction of those courts for such purpose. Any claim must be commenced within six (6) months after the cause of action arises, after which time the claim is forever barred.

17. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referred to herein, constitute the entire agreement between you and Smile HVAC regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or arrangements between you and us, whether oral or in writing.

19. Contact Us

If you have any questions, comments, or concerns about these Terms of Use, please contact us:

Smile HVAC

E-mail: email@smilehvac.ca 

Service Area: Greater Toronto Area, Ontario, Canada

For all inquiries, please use the contact form on our website or reach out to our customer support team directly.

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