Cleaning IA Pty Ltd (“Cleaning IA”) operates an online platform at www.cleaningia.com.au (the “Website”) through which customers (“Users”) can book a Cleaner for the provision of cleaning services (“Cleaning Services”), by submitting a Booking Request. Cleaning IA then matches the most suitable Cleaner from its database of Cleaners to the Booking Request.
This is a contract between Cleaning IA and the Users.
The Cleaner is in the business of providing Cleaning Services.
Cleaning IA enters into agreements with Users for and on behalf of Cleaners for the provision of Cleaning Services to Users.
The User enters into two contractual relationships. The first contract being with Cleaning IA, governing the access to and use of the Website accordance with the terms and conditions of this Agreement. The second contract being with Cleaning IA as agent for the Cleaner for the provision of the Cleaning Services (“Cleaning Agreement”).
The User is deemed to have entered into this Contract and a contractual relationship with Cleaning IA through the making and acceptance of a Booking.
AND THE PARTIES HEREBY AGREE:
Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms (including the recitals), unless the context otherwise requires:
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Booking: means the booking made by you on the Website for the provision of Cleaning Services;
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Booking System: means the online system which enables you to make a Booking;
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Cleaning Fee: means the fee, as advised by Cleaning IA from time to time, (inclusive of goods and service tax, if applicable) for the Cleaning Services charged on an hourly basis or flat price and invoiced by Cleaning IA;
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Intellectual Property Rights: means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents, or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website;
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Payment Amount: means the amount that you are required to pay for the Cleaning Services under your Booking;
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Site Content: means all material, content, and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material, and any other forms of expression;
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you, your: means you as the user of the Website.
1.2. In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures, and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical forms of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Eastern Standard Time;
(j) “includes” is not a word of limitation; no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(k) a reference to any thing is a reference to the whole and each part of it;
(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(m) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
2. TERMS AND CONDITIONS
2.1. Access to and use of this Website is governed by these Terms.
2.2. Cleaning IA periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.
2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by Cleaning IA and do not form part of the Website. You agree that you will not hold Cleaning IA liable or in any way accountable for anything that occurs on any Third Party Site.
3. ACCEPTANCE
3.1. In order to use this Website and make a Booking, you must first agree to the Terms.
3.2. You accept the Terms by:
(A) creating a User Profile; and
(b) clicking to accept/agree to the Terms.
3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:
(a) you are not of legal age to form a binding contract with Cleaning IA; or
(b) you are a person barred from entering into contracts under legislation,
In which case, you must immediately leave the Website.
3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
3.5. If you do not understand any part of the Terms you should seek independent legal advice.
4. USER PROFILE
4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Website in order to make a Booking (“User Profile”).
4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Cleaning Services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4.3. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.
4.4. Cleaning IA may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
5. BOOKING SYSTEM
5.1. To make a Booking you must login to your User Profile and use the Booking System to request
a Booking. There is a minimum two (2) hour duration for hourly bookings and a minimum of one bedroom for flat priced bookings. You will receive a Booking confirmation receipt from Cleaning IA after submitting your Booking request.
5.2. Cleaning IA will then make your contact details, location, requested time and the scope of the Cleaning Service available to their Cleaner network. An available Cleaner will then confirm their acceptance of the Booking.
5.3. You are able to request a preferred Cleaner. Cleaning IA will take your preference into account when facilitating the Cleaning Service, however a specific Cleaner cannot be guaranteed and will depend on the Cleaner’s availability.
5.4. When a Booking is confirmed by a Cleaner, Cleaning IA will issue you with an acceptance email and attach the Cleaning Agreement that constitutes the relationship between you and the Cleaner for the provision of the Cleaning services. Cleaning IA will not, in anyway, be involved in the Cleaning Agreement between you and the Cleaner, aside from processing the Payment Amount on behalf of the Cleaner and providing you with an invoice in accordance with clause 6.4.
5.5. If the requested Cleaner cannot fulfill your Booking, Cleaning IA will arrange an alternative Cleaner for the requested Booking time.
5.6. If the requested Booking cannot be facilitated, Cleaning IA will arrange an alternative time for the Cleaning Service with you and a Cleaner.
5.7. You are not permitted to engage the Cleaning Services of a Cleaner other than through the Booking System on the Website.
5.8. The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
5.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
5.10. Cleaning IA has the right at any time to add, change or withdraw functions available on the Website at its own discretion.
6. PAYMENT
6.1. You agree that at the time of the first Booking, your payment details will be transferred to Cleaning IA’s secure payment gateway. Upon the successful Booking, Cleaning IA will take payment for the Booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
6.2. If you making a recurring Booking, your payment details will be transferred to Cleaning IA’s secure payment gateway 48 hours prior to the scheduled Cleaning Services in the recurring booking, Cleaning IA will take payment for the Cleaning Services. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
6.3. On receipt of the Cleaning Fee, Cleaning IA will hold the Cleaning Fee on behalf of the Cleaner until such time as it accounts to the Cleaner, pays a refund to you (if you are entitled to a refund) or credits payment of our fees and charges. No interest will be payable by Cleaning IA to you or the Cleaner on amounts held by Cleaning IA.
6.4. Cleaning IA, on behalf and in the name of the Cleaner, will issue you with a tax invoice.
6.5. Late Payments, If for any reason your payment does not go through by 7 days of the service being completed, you will be sent a PayPal invoice to be paid within 10 days, If you don’t pay the account with 10 days you agree to pay a late fee of $20 per day. If your account is still not paid after 14 days, it will be sent to collections. By using the services of Cleaning IA, you agree to pay a compounded late fee as well as any fees associated with collection of the debt.
7. CHANGES AND CANCELLATIONS
7.1. You can cancel or amend a Booking free of charge, up to 24 hours before the Cleaning Service is scheduled to begin.
7.2. If you cancel or amend a Booking within 24 hours before the Cleaning Service is scheduled to begin, you will have to pay cancellation costs equivalent to one hour of the Cleaning Fee.
7.3. You cannot amend, extend or cancel a Booking during the performance of the Services.
7.4. The Cleaning Agreement shall expire once the Cleaning Services under the Booking have been performed.
7.5. If the Cleaner is unable to fulfill a confirmed Booking (in full or part), Cleaning IA will attempt to find you a replacement Cleaner. If we cannot find you an alternative Cleaner, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
8. CLEANING SERVICES
8.1. Cleaning IA operates the Website as a third party facilitator for the Cleaning Services and provides you with the platform to purchase the Cleaning Services.
8.2. Cleaning IA is not an agent or broker for you. You enter into any transaction with Cleaning IA on behalf of a Cleaner entirely at your own risk.
8.3. Cleaning IA uses their best efforts to monitor the Cleaning Services offered by a Cleaner. However, Cleaning IA does not make any representation as to the safety, quality, condition or description of any products used or Cleaning Services provided by Cleaner. Any issues regarding safety, quality, condition or description should be notified to Cleaning IA, who will then pass the issue onto the Cleaner designated to your Booking. You should refer to the terms and conditions of your Cleaning Agreement for further information.
8.4. All bookings are subject to Cleaner availability.
9. TERMINATION
9.1. Cleaning IA may at its discretion terminate your use of, or access to, the Website at any time. If this happens, we may notify you by email. If your use of the Website is terminated:
(a) you are no longer authorised to access the Website or use any other Cleaning IA services with the email address you used to register with the Website or any other email address you possess;
(b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
(c) all licences granted by you and all disclaimers by Cleaning IA and limitations of Cleaning IA’s liability set out in the Terms or elsewhere on the Website will survive termination.
9.2. You may terminate this agreement by emailing Cleaning IA at [email protected]. Cleaning IA will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
9.3. Cleaning IA reserves the right to deduct any outstanding fees and charges owing to Cleaning IA and/or the Cleaner on your User Profile prior to disabling it.
10. DISPUTE RESOLUTION POLICY
10.1. Mediation
Cleaning IA will use reasonable endeavours to mediate any dispute concerning the use of the Website.
10.2. Cleaning Services Disputes
Disputes related to the Cleaning Services or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
11. SECURITY OF PAYMENT
11.1. Information Protection
We have taken all practical steps to ensure the protection of your information. A secure payment gateway is used for all transactions. Cleaning IA does not provide a warranty regarding the secure payment gateway's strength or effectiveness and is not responsible for events arising from unauthorized access to your information.
12. PRIVACY
12.1. Personal Information
In this clause, Personal Information means information or an opinion about an individual.
12.2. Collection and Storage
Cleaning IA collects and stores Personal Information in accordance with our Privacy Policy available on the website www.cleaningia.com.au/privacy.
12.3. Disclosure
You agree that Cleaning IA will disclose your Personal Information to the Cleaner for the provision of Cleaning Services.
12.4. Privacy Principles
Both parties must abide by all relevant Australian Privacy Principles in their collection, use, disclosure, and storage of Personal Information.
13. INTELLECTUAL PROPERTY
13.1. Protection of Site Content
The Site Content is protected by copyright, and Cleaning IA reserves all Intellectual Property Rights.
13.2. License
By accepting the Terms, you are granted a non-exclusive license to view the Website, print pages, and download material for caching purposes only.
13.3. Restrictions
You must not copy, republish, redistribute, sell, or edit Site Content without Cleaning IA's prior written consent.
14. ACCEPTABLE USE
14.1. Prohibited Use
You must not use the Website in any way that breaches these Terms, infringes Intellectual Property Rights, is fraudulent, illegal, or causes impairment of Website accessibility.
14.2. Malicious Software
You must not use the Website to store, host, transmit, or distribute malicious computer software.
15. INDEMNITY AND LIABILITY
15.1. General Indemnity
You agree to indemnify Cleaning IA for any claim, damage, loss, or expense resulting from your actions in breach of these Terms.
15.2. Limitation of Liability
Cleaning IA will not be liable for direct, indirect, or consequential loss in relation to Site Content or Website use.
15.3. Cleaning Services Liability
To the extent permitted by law, Cleaning IA is not liable for any loss or damage related to the offer or supply of Cleaning Services.
15.4. Information Accuracy
Cleaning IA does not accept liability for the accuracy of information provided by other users. Site Content is for general information only.
15.5. Acceptance
By using the Website, you accept the indemnity and limitations of liability in this clause.
16. WARRANTIES AND REPRESENTATIONS
16.1. Use at Own Risk
The use of the Website is at your own risk. Site Content is provided on an "as is" and "as available" basis without warranty.
16.2. No Representations
Cleaning IA and its affiliates make no express or implied representation or warranty about the Site Content or Website.
17. GENERAL PROVISIONS
17.1. Jurisdiction
Prohibited provisions are ineffective in the relevant jurisdiction.
17.2. Void or Unenforceable
Void, illegal, or unenforceable provisions do not affect the validity of other provisions.
17.3. Severability
If a clause is void, illegal, or unenforceable, it may be severed without affecting other provisions.
17.4. Governing Law
These Terms are governed by the law applicable to New South Wales, and you submit to the jurisdiction of the Courts of New South Wales.
18. Unpaid Services
18.1. Payment Terms
Payment for invoices is required within 10 days. Non-compliance results in added fees and daily late charges. Outstanding accounts may incur additional costs related to debt collection.
19. End-of-Lease Services
Booking Terms
When booking End-of-Lease services, customers must choose the appropriate option. Incorrect bookings may result in additional charges. Customers declining additional costs grant authority to cancel the service with a non-refundable fee.