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

1. Minimum Commitments: If you have selected a Cleaning Plan or Package with a 10% discount and a fortnightly frequency, this option has a minimum commitment of 12 cleaning services. If you have selected a Cleaning Plan with a 10% discount and a weekly frequency, this option has a minimum commitment of 24 cleaning services.
2. Minimum Commitment Plan Cancellation Fee: Should you elect to terminate the Cleaning Plan before the completion of your minimum number of services, you will be subject to and charged a cancellation fee of $99.
3. Expiration of Plan with Minimum Commitment: Once your minimum number of services is complete, your selected plan will remain active and the Oz Cleaners' Platform will automatically schedule cleaning Services to occur on future dates indefinitely at the frequency requested by you. You will continue to be charged on your credit card based on your selected time, frequency and at your continued discounted price. You may cancel your plan in accordance with the cancellation policy set out in clause 9 below.

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

1. The Platform Content is protected by copyright and Oz Cleaners reserves all Intellectual Property Rights which may subsist in the Platform Content and/or the Platform.
2. By accepting the Terms, you are granted a non-exclusive license to:
1. View the Oz Cleaners website and mobile applications;
2. print pages from the Oz Cleaners website or mobile application in its original form; and
3. download any material from the Oz Cleaners website or mobile applications for caching purposes only.
3. You must not, without Oz Cleaners’ prior written consent which may be withheld at its absolute discretion:
1. copy, republish, reproduce, duplicate or extract Platform Content;
2. redistribute, sell, rent, or license any Platform Content; or
3. edit, modify, or vary the Platform Content.

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.