All Adelaide Regions
Monday - Saturday (8:00 AM - 10:00 PM)
Terms
& Conditions
BACKGROUND
Haidar Company Pty Ltd (ABN 69 629 375 837),
trading as Oz Cleaners – One Stop Cleaning Service Provider (“Oz Cleaners”), operates a website
named www.ozcleaners.com.au, mobile
applications and associated administrative services (together with the “Platform”)
through which customers (“Users”) can book a Business for the provision
of household and commercial services such as window cleaning, internal
cleaning, high-pressure cleaning, gutter cleaning, etc. services (“Services”),
by submitting a booking request.
Oz Cleaners then matches the most suitable
Business from its database of Businesses to the booking request. A Business is an
independent service provider in the business of providing the Services and is
not employed or subcontracted by Oz Cleaners or any of its affiliates.
These terms and conditions form a contract
between Oz Cleaners and the Users for the use of the Platform (“Terms”).
The User enters into two contractual
relationships. The first contract is with Oz Cleaners, governing the access to
and use of the platform in accordance with the Terms. The second contract is
between the User and a Business for the provision of the Services and with Oz
Cleaners as a technology provider in respect of the Services (“Services
Agreement”) as set out here as amended from time to time.
By accessing and/or using the Platform, you
acknowledge that you have read, understood, and agree to be bound by these
Terms.
AND THE PARTIES HEREBY AGREE:
1. DEFINITIONS AND
INTERPRETATION
A. In these Terms (including the recitals),
unless the context otherwise requires:
a)
“Booking” means the booking made by you for the
provision of Services;
b)
“Booking
System” means Oz
Cleaners’ systems which enable you to make a Booking;
c)
“Service
Fee” means the fee,
as advised by Oz Cleaners from time to time, (inclusive of goods and service
tax, if applicable) for the Services;
d)
“Intellectual
Property Rights” means all
present and future rights anywhere in the world concerning 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
Platform;
e)
“Platform
Content” means all
material, content, and information made available on the Platform including but
not limited to written text, graphics, images, photographs, logos, trademarks,
audio material, video material, and any other forms of expression;
f)
“You”,
“your” means you as the user
of the Platform.
B. 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 including 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
anything 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 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
A.
Access to and use of
this Platform is governed by these Terms.
B.
Oz Cleaners
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 Platform, regularly as any changes to the Terms take
immediate effect from the date of the publication on this document. Your
continued use of the Platform after any such changes are made will be deemed to
constitute your acceptance of those changes.
C.
You acknowledge that
any hyperlinks or other redirection tools taking you to other operated by third
parties that appear on the Platform (“Third Party Sites”) are not controlled by
Oz Cleaners and do not form part of the Platform. You agree that you will not
hold Oz Cleaners liable or in any way accountable for anything that occurs on
any Third Party Site.
3. ACCEPTANCE
A.
By accessing or using
the Platform you expressly agree to be bound by these Terms, and you agree that
these Terms shall apply to all Services that you book via the Platform.
B.
Notwithstanding clause
3.2 (B), you may not accept the Terms or access the Platform if:
a)
you are not of legal
age to form a binding contract with Oz Cleaners; or
b)
you are a person
barred from entering into contracts under the legislation, in which case, you
must immediately leave the Platform.
C.
By accepting the
Terms, you agree that this is 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.
D.
If you do not
understand any part of the Terms you should seek independent legal advice.
4. USER PROFILE
A.
You will be required
to register your personal information, including your name, address, phone
number, and payment details on the Platform to make a Booking (“User Profile”).
B.
You confirm that you
are at least 18 years of age and possess the legal authority to use the Booking
System following these Terms. You also agree that all information supplied by
you in using the Platform and the Booking System will be true and accurate at
all times.
C.
Oz Cleaners may delete
or block User Profiles at its discretion. Blocked users are prohibited from
setting up a new User Profile.
5. BOOKING SYSTEM
A.
You may request a
Booking via the Booking System. You will receive a booking confirmation, a
payment receipt, and the Services Agreement that constitutes the contractual
relationship between you, Oz Cleaners as a technology provider, and a Business
as a service provider that you are deemed to have entered into for the
provision of the Services.
B.
Oz Cleaners will then
make your contact details, location, requested time, and the scope of the
Service available to its Business network. An available Business will then
confirm its acceptance of the Booking.
C.
You can request a
preferred Business. Oz Cleaners will take your preference into account when
facilitating the Service, however, a specific Business cannot be guaranteed and
will depend on the Business’s availability.
D.
When a Booking is
confirmed by a Business, Oz Cleaners will notify you.
E.
If the requested
Business cannot fulfill your Booking, Oz Cleaners will arrange an alternative
Business for the requested Booking time.
F.
If the requested
Booking cannot be facilitated, Oz Cleaners will arrange an alternative time for
the Service with you and a Business.
G.
You are not permitted
to engage the services of a business other than through the Booking System on
the Platform.
H.
The Booking System is
provided on the Platform to enable you to make legitimate Bookings and to make
payments for those Bookings, and no other purposes.
I.
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 authorized to act. You acknowledge that abuse of the
Booking System may result in you being denied access to the Booking System.
J.
Oz Cleaners has the
right at any time to add, change or withdraw functions available on the
Platform at its discretion.
6. PRICES AND
ESTIMATES
A.
You acknowledge and
agree that the price quoted for your Booking is an estimate only (“Estimate”),
and the actual price charged may vary depending on the type and scope of
work/services needed.
B.
After the Business has
arrived at your home/premises, the Business will further assess the problem or
work to be performed. If the Business determines that the work required is
greater than what was initially contemplated, the Business will advise you and
generate a new estimate reflecting the increase in the scope of the Services.
If you approve the revised estimate, the Business will complete the work. If
you do not approve, the Business will make reasonable efforts to complete some
or all of the work specified on the original Estimate, the pricing for which
you had previously agreed, or, if the Business is unable to do so, the Booking
shall be deemed canceled.
C.
You acknowledge and agree that
it’s your responsibility to provide parking fascility to the business nearby
the property, power and running hot water (if required). Unable to do so will
cause you additional charges.
D.
Oz Cleaners reserves
the right to review and update pricing at any time. Should any changes to
pricing come into effect, Oz Cleaners will advise the customer a minimum 48
hours prior to the next service.
7. PAYMENT
A.
At the time of making
a booking, your payment details will be transferred to Oz Cleaners’ secure
payment gateway and Oz Cleaners will take a 20% deposit of total price for the
Booking. The balance 80% will be charged from your account 1-3 days before the
scheduled date and time. You must ensure that sufficient funds are available
for debit at that time. Charges relating to insufficient funds at the time of
debit may be passed onto you.
B.
If you have made a
recurring Booking, your payment for subsequent services will be pre-authorized
before the commencement of each scheduled Service, and Oz Cleaners will take
payment 1-3 days before each scheduled Service. You must ensure that sufficient
funds are available for debit at that time. Charges relating to insufficient
funds at the time of debit may be passed onto you.
C.
If Oz Cleaners is
unable to successfully charge complete payment for any scheduled Service at any
time within 24 hours of the scheduled commencement, Oz Cleaners reserves the
right to cancel your Booking immediately upon written notice (email or SMS to
suffice) and no Service will be provided to you.
D.
On receipt of the
Service Fee, Oz Cleaners will hold the Service Fee on behalf of the business
until it accounts to the Business, pays a refund to you (if you are entitled to
a refund), or credits payment of our charges. No interest will be payable by Oz
Cleaners to you or the Business on amounts held by Oz Cleaners.
E.
Oz Cleaners will issue
you with a receipt for your payment of the Service Fee. You may request a Tax
Invoice and Oz Cleaners will provide you with a Tax Invoice for the Services
rendered by the Business within a reasonable time of your request.
F.
If the User is
entitled to a refund following the Services Agreement, Oz Cleaners will process
the refund as soon as practicable after the right to the refund arises.
8. CLEANING PLANS AND
PACKAGES
9. CHANGES AND
CANCELLATIONS
A.
You can cancel or
amend a booking free of charge, up to 72 hours before the Service is scheduled
to begin. However, the amount deposited to confirm the booking will not be
refunded but can be used for future bookings.
B.
If you cancel or amend
a Booking up to 24 hours before the Service is scheduled to begin, you will
have to pay cancellation costs equivalent to 20% of the value of the total
booking fee.
C.
If you cancel or amend
a Booking within 24 hours before the Service is scheduled to begin, you will
have to pay cancellation costs equivalent to 50% of the value of the total
booking fee.
D.
If you cancel or amend
a booking on the scheduled date, you will have to pay cancellation costs
equivalent to 100% of the value of the total booking fee.
E.
You cannot amend,
extend or cancel a Booking during the performance of the Services.
F.
The Services Agreement
shall expire once the Services under the Booking have been performed.
G.
If the Business is
unable to fulfill a confirmed Booking (in full or part), Oz Cleaners will
attempt to find you a replacement Business. If we cannot find you an
alternative Business, 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.
10. SERVICES
A.
Oz Cleaners operates
the Platform through which you may arrange and book the provision of the Services
by a Business under the Service Agreement and Oz Cleaners provides you with the
platform to purchase these Services.
B.
You acknowledge that Oz
Cleaners does not provide the Services to you in any circumstances and the
Businesses are not employed or subcontracted by Oz Cleaners or any of its
affiliates.
C.
Oz Cleaners is not an
agent or broker for you. You enter into any transaction, including any Services
Agreement with a Business, entirely at your own
risk.
D.
Oz Cleaners monitors
the Services offered by a Business. However, Oz Cleaners does not guarantee or
make any representation as to the safety, quality, condition, or description of
any products used or services provided by Business.
Any issues regarding
safety, quality, condition, or description should be notified to Oz Cleaners,
who will then pass the issue onto the Business designated for your Booking. You
should refer to the terms and conditions of your Services Agreement for further information.
E.
All bookings are
subject to Business availability.
11. TERMINATION
A.
Oz Cleaners may at its
discretion terminate your use of, or access to, the Platform at any time. If
this happens we may notify you by email, or SMS. If your use of the Platform is
terminated:
a.
you are no longer
authorized to access the Platform or use any other Oz Cleaners services with
the email address you used to register with the Platform 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 licenses granted
by you and all disclaimers by Oz Cleaners and limitations of Oz Cleaners’
liability set out in the Terms or elsewhere on the Platform will survive
termination.
B.
You may terminate this
agreement by emailing Oz Cleaners at support@ozcleaners.com.au.
Oz Cleaners will disable your User Profile within fourteen (14) days of receipt
of the email requesting termination of your User Profile.
C.
Oz Cleaners reserves
the right to deduct any outstanding charges owing to Oz Cleaners and/or the
Business on your User Profile before disabling it.
12. DISPUTE RESOLUTION
POLICY
A.
Most customer concerns
can be resolved quickly and to the customer’s satisfaction by emailing customer
support at support@ozcleaners.com.au.
You agree to make the circumstances of any dispute known by notice in writing
to this email address before taking any other action.
B.
In the unlikely event
that Oz Cleaners is unable to resolve a complaint you may have (or if Oz
Cleaners has not been able to resolve a dispute it has with you after
attempting to do so), you agree to resolve any claim, cause of action or
disputes you have with Oz Cleaners arising out of or concerning these terms and
conditions exclusively in the courts exercising jurisdiction in Australia and
you agree to submit to the personal jurisdiction of such courts to litigate all
such claims.
C.
Oz Cleaners welcomes
any feedback, comments, and complaints you may have in respect of the Services
and the Businesses, however, you acknowledge the Business is the sole provider
of the Services.
13. SECURITY OF
PAYMENT
A.
Oz Cleaners has taken
all practical steps from both a technical and systems perspective to ensure
that all of your information is well protected. A secure payment gateway is
used to process all transactions and credit card details.
B.
Oz Cleaners does not
give any warranty or make any representation regarding the strength or
effectiveness of the secure payment gateway and is not responsible for events
arising from unauthorized access to your information.
14. PRIVACY
A.
In this clause Personal
Information means information or an opinion (including information or an
opinion forming part of a database) whether true or not, and whether recorded
in a material form or not, about an individual whose identity is apparent or
can reasonably ascertain, from the information or opinion.
B.
Oz Cleaners collects
and stores Personal Information you enter into the User Profile. Personal
Information collected by Oz Cleaners will be maintained following our Privacy Policy
available.
C.
You agree that Oz
Cleaners will disclose your Personal Information, including your name and
address to the Business for the Business to carry out the Services.
D.
Both parties must
abide by all relevant Australian Privacy Principles set out in the Privacy Act
1998 in their collection, use, disclosure, and storage of Personal Information.
15. INTELLECTUAL
PROPERTY
16. ACCEPTABLE USE
A.
You must not use or
cause this Platform to be used, in any way which:
a.
breaches any of these
Terms
b.
infringes Oz Cleaners’
or any third party’s Intellectual Property Rights;
c.
is fraudulent,
illegal, or unlawful; or
d.
causes impairment of
the availability or accessibility of the Platform.
B.
You must not use, or
cause this Platform to be used, as a medium that stores, hosts, transmits sends,
or distributes any material which consists of:
a.
spyware;
b.
computer viruses;
c.
Trojans;
d.
worms;
e.
keystroke loggers; or
f.
any other malicious
computer software.
17. INDEMNITY AND
LIABILITY
A.
General
Indemnity: You agree to
indemnify Oz Cleaners, on-demand, against any claim, action, damage, loss,
liability, cost, charge, expense, or payment which Oz Cleaners may pay, suffer,
incur, or are liable for, to any activity you do or cause to be done, in breach
of these Terms.
B.
General
limitation of liability: We
will not be liable to you in contract, tort, or equity concerning any direct,
indirect, or consequential loss you incur concerning the contents or use of or
reliance on Platform Content or otherwise in connection with the Platform.
C.
Services
Liability: To the full extent
permitted by law, Oz Cleaners will not be responsible and will be excluded from
all liability, for any loss or damage whatsoever (including personal injury,
loss of life, and property damage) that you or another person may suffer in
connection with a Business or the offer or supply of (or default in supplying)
the Services.
D.
Information
Accuracy: You acknowledge
and agree that some of the Platform Content may be provided by way of blogs or
comments made by other users of the Platform and that Oz Cleaners does not
accept any responsibility or make any representation for the accuracy of such
information or your reliance on the same. The Platform Content is provided to
you as general information only and is not intended to substitute or replace
the advice of a duly qualified professional (where applicable).
E.
Acceptance: By using this Platform, you agree and
accept that the indemnity and limitations of liability provided in this clause
17 are reasonable.
18. WARRANTIES AND
REPRESENTATIONS
A.
The use of this Platform
is at your own risk. The Platform Content and everything from the Platform is
provided to you on an “as is” and “as available” basis without warranty or
representation of any kind.
B.
None of Oz Cleaners’
affiliates, directors, officers, employees, agents, contributors, third-party
content providers, or licensors make any express or implied representation or
warranty about the Platform Content or Platform.
19. GENERAL PROVISIONS
A.
Any provision of or
the application of any provision of these Terms which is prohibited in any
jurisdiction is, in that jurisdiction, ineffective only to the extent of that
prohibition.
B.
Any provision of, or
the application of any provision of these Terms which is void, illegal, or
unenforceable in any jurisdiction does not affect the validity, legality, or
enforceability of that provision in any other jurisdiction or of the remaining
provisions in that or any other jurisdiction.
C.
If a clause is void,
illegal, or unenforceable, it may be severed without affecting the
enforceability of the other provisions in these Terms.
D.
These Terms shall be
governed by and construed following the law for the time applying to Australia
and you agree to submit to the non-exclusive jurisdiction of the Courts of
Australia.