Terms & Conditions - Quintessentially Clean

Introduction

Quintessentially Clean provides access for customers to independent cleaning professionals. Using Quintessentially Clean is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

Agreement means the agreement formed between the Customer and the Company under, and on the terms of, this Terms of Service.
ABN means Australian Business Number.
ACN means Australian Company Number.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
Corporations Act means the Corporations Act 2001 (Cth).
Company means Foxwyre Enterprises Pty Ltd trading as Quintessentially Clean ABN 956 1105 2825.
Customer means an individual or business entity which contacts Quintessentially Clean and books a Quintessentially Clean Job.
Confidential Information means any written or verbal information that:
- Is about each party’s business or affairs;
- Is about the conduct of each party under this Agreement and the during the term of this Agreement;
- A party informs the other party that it considers it confidential and/or proprietary;
- A party would reasonably consider to be confidential in the circumstances; and
- Is personal information within the meaning of the Privacy Act. but does not include information that a party can establish:
- Was in the public domain at the time it was given to that party;
- Became part of the public domain, without that party’s involvement in any way, after being given to the party;
- Was in party’s possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
- Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
Corporations Act means the Corporations Act 2001 (Cth).
Equipment & Materials means any equipment (such as vacuums etc) and materials (such as cleaning products, cloths etc) necessary for a Quintessentially Clean Job.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Location means the address of the Customer or other location where the Service Provider is to attend the Quintessentially Clean Job.
Privacy Act means the Privacy Act 1989 (Cth).
Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at http://www.Quintessentially Clean.com.au/public/privacy.
Recipient Created Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Cleaner (or Service Provider) means a party that undertakes Quintessentially Clean Jobs for Customers, and has entered into a Service Provider agreement with the Company.
Service Provider Agreement means an agreement between the Company and a Cleaner setting out the terms on which the Cleaner may provide services to Customers via Quintessentially Clean.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Terms of Service means the terms and conditions of using Quintessentially Clean, as updated from time-to-time, which can be found at https://quintessentiallyclean.com.au/terms-conditions/
Quintessentially Clean Job means any domestic or commercial service (cleaning etc) booked by a Customer via Quintessentially Clean.
Quintessentially Clean Job Fee means the price paid by the Customer for a Quintessentially Clean Job, as published by the Company (within Quintessentially Clean) and/or agreed between the Customer and the Company from time-to-time.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

The Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise

Using Quintessentially Clean

To use Quintessentially Clean, the customer must contact and make an appointment through email or phone and have their booking confirmed with payment details provided.
The customer agrees that all use of Quintessentially Clean, and all Quintessentially Clean Jobs booked through Quintessentially Clean, are subject to these Terms of Service.
When a cleaner accepts a Quintessentially Clean Job from a Customer, that forms an independent agreement between the Service Provider and the Customer on the terms set out in this Agreement.
Anyone over the age of 18 may use Quintessentially Clean to request and book Quintessentially Clean Jobs in the areas in which Service Providers operate.
Only Service Providers with a current Service Provider Agreement with the Company may undertake Quintessentially Clean Jobs via Quintessentially Clean.
The Customer acknowledges that each Quintessentially Clean Job is performed independently by the Service Provider, and that the Company does not provide any of the services in a Quintessentially Clean Job directly to the Customer.

Quintessentially Clean enables Customers to:
- Request and book Quintessentially Clean Jobs with Service Providers;
- Make payments to Service Providers.
- Quintessentially Clean enables the Service Provider to:
- Receive requests from Customers for Quintessentially Clean Jobs;
- Accept and reject requests for Quintessentially Clean Jobs;
- Log work undertaken and confirm completion of Quintessentially Clean Jobs;

Making a Booking

To book a Quintessentially Clean Job, the Customer may contact Quintessentially Clean via email or telephone.
The Quintessentially Clean Job Request will ordinarily be confirmed as soon as possible, and within 24 hours. No request is accepted until an email confirmation is sent from Quintessentially Clean to the Customer.
The Company does not guarantee that a Service Provider will accept any Quintessentially Clean Job Request.

Terms of Access

The Customer is responsible in providing access for Service Provider at the location of the Quintessentially Clean Job on the date of the booking. Please see the below section ‘Changes to Bookings, Cancellations and Fees’ for failure to provide access to a Service Provider for a booking.
If a Customer requires a key to be collected from a different location from that of the Quintessentially Clean Job, any time and cost involved in the key collection or drop-off is charged to the Customer at the Service Providers standard rate.
The Customer may choose to leave a key out for the Service Provider or provide the Service Provider with a key to keep and use for future cleans. In doing so, neither the Service Provider nor Quintessentially Clean accept responsibility for the security of the property and it belongings, or liability for loss of the key. By providing a Service Provider with a key for access, the Customer knowingly accepts all responsibility for their properties security.
If the Customer chooses to provide the Service Provider with a key, the key will not be labeled with the properties full address.
The Service Provider is responsible to leave windows and doors of a property, locked in the same manner as they were found. The Service Provider is not responsible for the security of doors & windows they have not used.

Undertaking the Quintessentially Clean Job

The Service Provider endeavors to arrive at the Location between the agreed times with the customer
The Service Provider will undertake the Quintessentially Clean Job to a professional standard, for the outcome booked in the Quintessentially Clean Job. Where a Quintessentially Clean Job is not completed to a satisfactory standard (as determined by the Company, acting reasonably) the Service Provider will rectify the issue at the earliest availability.
The Customer must ensure that it provides the Service Provider with a safe working environment, whether in a domestic or commercial setting. Without limitation, the Customer agrees to safely restrain all animals, ensure that all electrical equipment is in safe working order (and approved for use), there are no dangerous environments (such as live exposed electricity), and there are no unannounced persons in the Location.
The Customer agrees that upon making a booking for a Quintessentially Clean Job, they are authorizing the Service Provider to enter the Jobs location to perform the requested booking, using the materials and equipment the Service Provider brings with them.
The Customer agrees that upon entering the Jobs location and completing tasks according to the booking and Customer instructions, the Service Provider is not liable for wear and tear to the property or belongings.
The Service Provider is responsible for completing all services as part of the booking and instructions from the client, in an attentive and careful manner and is responsible for any damage caused by negligence (as determined by the Company, acting reasonably).
The Company strongly recommends Customers to remove any valuable items and store these in a safe environment prior to the Service Providers arrival.
The Service Provider shall not be liable for any breakage if such breakage was genuinely accidental and in the course of providing the Quintessentially Clean Job. If it is proven that the Service Provider has acted negligently and we have been informed within 24hrs the Customer agrees that the Service Provider shall have the first right to rectify, repair or resupply services to remedy any damage or incomplete work.

Changes to Bookings, Cancellations and Fees

The Customer can easily make changes to a Quintessentially Clean Job through email or calling our business landline (found on our website & emails)
The Customer can reschedule, amend, change or cancel an appointment without penalty or charge, as long as we receive notification at least 1 day (24hours) prior to the date of the booking (for example, a Thursday appointment must be cancelled by 5pm on Tuesday).
If the Customer fails to provide at least 1 day (24 hours) and cancels the Quintessentially Clean Job, the Customer accepts they will be charged up to 50% of the booking total, with a minimum cancellation fee of $50 for the recovery of administrative, organizational expenses and the loss resulted from the appointments reservation.
Upon arrival of the Service Provider on the agreed day and time period, if the Customer is unable to provide access then the Customer accepts the full service fee of their booking (incl GST) for the reservation of the Service Providers time and travel costs incurred. The Service Provider and Quintessentially Clean agree to make all reasonable effort to contact the Customer in order to find alternative methods of entry. Contact is made via the contact details provided by the Customer upon booking the Quintessentially Clean Job. If the Customer requests the Service Provider to wait whilst access is provided then the Service Provider reserves the right to charge for this additional time at their standard hourly rate.
Where a Service Provider is unable to attend a Quintessentially Clean Job, the Company shall seek to find a replacement Service Provider, however if an alternate Service Provider cannot be found, the Company shall not be liable to the Customer (although no Quintessentially Clean Job Fees will be charged).

Feedback and Claims

The Customer agrees to provide accurate information and to not unreasonably give a Service Provider or a Quintessentially Clean Job a poor review.
If the Customer is unsatisfied with the standard of a Quintessentially Clean Job, the Customer must first discuss the matter with Quintessentially Clean who acts as an intermediary with the Service Provider. Quintessentially Clean shall endeavor to resolve the matter within 2 Business Days whilst they discuss the Job with the Service Provider and determine how the Service Provider would like to proceed in remedying the unsatisfactory standard.
All services are considered provided to an acceptable standard unless advised within 24hours of the service.
The Customer agrees to allow a re-clean or an inspection of any work deemed unsatisfactory before they arrange a third party to conduct the services.

Fees, Payments and Refunds

The Customer shall pay the Company the Quintessentially Clean Job Fee for a Quintessentially Clean Job undertaken by a Service Provider. The Company will issue a Tax Invoice to the Customer for the Quintessentially Clean Job Fee via Quintessentially Clean email. All payments for a Quintessentially Clean Job must be made through Quintessentially Clean (or at the Company’s discretion, directly to the Company).
Payment of the Quintessentially Clean Job Fee will be charged to the Customer’s debit or credit card following the Quintessentially Clean Job.
Payment of Quintessentially Clean Job Fees shall be made by the Company to Service Providers in accordance with the Service Provider Agreement.
Quintessentially Clean will provide a refund or credit of some or all of the Quintessentially Clean Job fee (as appropriate) where, by no fault of the Customer, the Quintessentially Clean Job is not performed or cannot be satisfactorily completed. Otherwise, not other refunds are provided except where required under law.

Direct contracting between customers and service providers

Without the written consent of the Company, the Service Provider shall not directly contract to provide services to a Customer outside of the Platform (and thereby exclude the Company) within 12 months of the last day that the Service Provider attended a Quintessentially Clean Job at the relevant Customer. Where such a direct relationship is formed without the consent of the Company, the Customer agrees to pay to the Company 30% of the Quintessentially Clean Job Fees that would have applied to had those services been undertaken as Quintessentially Clean Jobs.
The Company will issue a Tax Invoice to the Customer for all such fees payable to the Company under clause 4.1.

Relationship

The parties agree that the Service Provider is an independent contractor to the Customer. Each Service Provider and Customer is responsible to each other with respect to each Quintessentially Clean Job. The parties acknowledge and agree that:
- The Service Provider is not an employee or subcontractor of the Company, and the Service Provider does not provide any services to Customers on behalf of the Company;
- The Company is only the Service Provider’s agent for the purpose of arranging Quintessentially Clean Jobs and receiving payments from the Customer;
- The Service Provider is not an employee of the Customer or the Company; and
- The Company is not an agent of the Customer.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

The Services offered by The Company is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia

Modification of Terms

The terms of this Agreement may be updated by the Company from time-to-time.
Where the Company modifies the terms, it will provide the Customer with written notice, and the Customer will be required to accept the modified terms in order to continue using Quintessentially Clean.

Privacy

The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the Customer.
The Privacy Policy does not apply to how a Service Provider handles personal information. If necessary under the Privacy Act, it is the Service Provider’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

Data

The Company takes the security of Quintessentially Clean and the privacy of its Customers very seriously. The Client agrees that the Client shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Client to ensure that any transmission standards meet the Client’s operating and legal requirements.
Data that is stored by the Company shall be stored according to accepted industry standards.
The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Client Data from any period of time unless so stated in writing by the Company.

Intellectual Property

The Company has moral & registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Quintessentially Clean.
- Copy Quintessentially Clean or the services that it provides for the User’s own commercial purposes; and
- Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Quintessentially Clean or any documentation associated with it.
All content submitted to the Company, whether via Quintessentially Clean or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Quintessentially Clean.

Disclaimer of Third Party Services & Information

The Customer acknowledges that Quintessentially Clean Is dependent on third-party services, including but not limited to:
- Banks, credit card providers and merchant gateway providers;
- Telecommunications services;
- Hosting services;
- Email services; and
- Analytics services.
The Customer agrees that the Company shall not be responsible or liable in any way for:
- Interruptions to the availability of Quintessentially Clean due to third-party services; or
- Information contained on any linked third party website.

Limitation of Liability & Indemnity

The Customer agrees that it uses Quintessentially Clean at its own risk.
The Companys total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that The Company, its affiliates, service providers, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss

The Customer acknowledges that Quintessentially Clean does not make Quintessentially Clean Jobs on its own behalf.
The Customer acknowledges that the Company is not responsible for the conduct or activities of any Service Provider and that the Company is not liable for such under any circumstances.
The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customers use of or conduct in connection with Quintessentially Clean, including any breach by the User of these Terms.
In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Quintessentially Clean, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.

Termination

Termination does not affect any of the rights accrued by a party prior to termination, and he rights and obligations under clauses 6.8, 6.11 and 6.12 survive termination of this Agreement.
Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
Either party may terminate this Agreement by giving the other party written notice.

Dispute Resolution

If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- Includes or is accompanied by full and detailed particulars of the Dispute; and
- Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

Electronic Communication, Amendment & Assignment

The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Customer of a change of details from time-to-time.
The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
Notices must be sent to the parties’ most recent known contact details.
The Customer may not assign or otherwise create an interest in this Agreement.
The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

General

Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
To the extent this Agreement is in conflict with, or inconsistent with, the terms of a Service Provider Agreement, or any Special Conditions made under this Agreement, as relevant, the terms of those other agreements or Special Conditions shall prevail.
Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
The relationship of the parties to this Agreement does not form a joint venture or partnership.
No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Severability.

Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.