Terms & Conditions

Cleanio LLC (“Cleanio”) operates an online platform at www.cleanioapp.com  (the “Website”) as well as mobile applications, through which customers (“Users”) can  book a Cleaner for the provision of cleaning services (“Cleaning Services”), by  submitting a Schedule Request. Cleanio then matches the most suitable Cleaner from  its database of Cleaners to the Schedule Request.  

This is a contract between Cleanio and the Users.  

The Cleaner is in the business of providing Cleaning Services.  

Cleanio enters into agreements with Users for and on behalf of Cleaners for provision of  Cleaning Services to Users.  

The User enters into two contractual relationships. The first contract being with Cleanio,  governing the access to and use of the Website and mobile phone applications in  accordance with the terms and conditions of this Agreement. The second contract being  with Cleanio 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 Cleanio through the making and acceptance of a Cleaning.

AND THE PARTIES HEREBY AGREE: 

Access to and use of the Website mobile phone applications 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:  “Scheduling” means the Cleaning made by you on the Website or mobile phone  applications for the provision of Cleaning Services;

“Scheduling System” means the online system which enables you to make a  Scheduling;

“Cleaning Fee” means the fee, as advised by from time to time, (inclusive of goods and  service tax, if applicable) for the Cleaning Services charged and invoiced by Cleanio; “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 and/or mobile phone applications;

“Site Content” means all material, content and information made available on the  Website and/or mobile phone applications including but not limited to written text,  graphics, images, photographs, logos, trademarks, audio material, video material and  any other forms of expression;

“you”“your” means you as the user of the Website or mobile phone application.  

1.2. In these Terms, unless the context otherwise requires:  

  1. headings are for convenience only and do not affect its interpretation or construction;  
  2. the singular includes the plural and vice versa;  
  3. references to recitals, clauses, subclauses, paragraphs, annexures or schedules are  references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or  to these Terms;  
  4. words importing a gender include other genders;  
  5. the word “person” means a natural person and any association, body or entity  whether incorporated or not;  
  6. where any word or phrase is defined, any other part of speech or other grammatical  form of that word or phrase has a cognate meaning;  
  7. 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;  
  8. all monetary amounts are in Australian currency;  
  9. a reference to time refers to Eastern Standard Time;  
  10. “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;  
  11. a reference to any thing is a reference to the whole and each part of it;
  12. a reference to a group of persons is a reference to all of them collectively and to each  of them individually; and  
  13. 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 and mobile phone application is governed by these Terms.  

2.2. Cleanio 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 and mobile phone applications, 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 and/or mobile phone applications 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 or mobile phone applications  (“Third Party Sites”) are not controlled by Cleanio and do not form part of the Website  or mobile phone applications. You agree that you will not hold Cleanio 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 or mobile phone applications and make a Schedule a cleaning, you must first agree to the Terms.  

3.2. You accept the Terms by using this platform to book a cleaning.

3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website  or mobile phone applications if:  

  1. you are not of legal age to form a binding contract with Cleanio; or
  2. you are a person barred from entering into contracts under legislation,

In which case, you must immediately leave the Website or mobile phone applications.

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 or mobile phone applications in order to Schedule a cleaning (“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 Scheduling System  by anyone using your username and password and any payments due for the Cleaning  Services acquired through the Cleaning 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 Cleaning System in accordance with these Terms. You also agree that all  information supplied by you in using the Website or mobile phone applications and the  Cleaning System will be true and accurate at all times.  

4.4. Cleanio may delete or block User Profiles at its own discretion. Blocked users are  prohibited from setting up a new User Profile.  

5. SCHEDULING SYSTEM

5.1. To schedule a cleaning you must login to your User Profile and use the Scheduling  System to request a Cleaning. You will receive a Cleaning confirmation, tax invoice/receipt and the Cleaning Agreement that constitutes the contractual relationship between you and Cleanio as agent for and on behalf of the Cleaner that you are deemed to have entered into for the provision of the Cleaning Services.

5.2. Cleanio 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 Cleaning.

5.3. You are able to request a preferred Cleaner. Cleanio 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 cleaning is confirmed by a Cleaner, Cleanio will notify you.  

5.5. If the requested Cleaner cannot fulfill your Cleaning, Cleanio will arrange an  alternative Cleaner for the requested Cleaning time.  

5.6. If the requested Cleaning cannot be facilitated, Cleanio 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 Cleaning System on the Website or mobile phone applications.  

5.8. The Cleaning System is provided on the Website or mobile phone applications to  enable you to make legitimate Cleanings and to make payments for those Cleanings,  and for no other purposes.  

5.9. Any speculative, false or fraudulent Cleaning is prohibited. You agree that the  Cleaning System will only be used to make legitimate Cleanings for you or another  person for whom you are legally Authorized to act. You acknowledge that abuse of the  Cleaning System may result in you being denied access to the Cleaning System.  

5.10. Cleanio has the right at any time to add, change or withdraw functions available  on the Website or mobile phone applications at its own discretion.  

6. PAYMENT

6.1. You agree that at the time of the first Cleaning, your payment details will be  transferred to Cleanio’s secure payment gateway. Upon the successful Cleaning,  Cleanio will take payment for the Cleaning. 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.  A non refundable $10 dollar booking fee, per Scheduled Cleaning, is collected at  time of payment by Cleanio for cost incurred for scheduling the service.  

6.3. If you are making a recurring Cleaning, your payment details will be transferred to  Cleanio’s secure payment gateway 72 hours prior to the scheduled Cleaning Services in

the recurring Cleaning, Cleanio 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.  

6.3a. On receipt of the Cleaning Fee, Cleanio 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 Cleanio to you or the Cleaner on amounts held by Cleanio. A non refundable $10 booking fee is charged upon the scheduling of each Cleaning.  

6.3b A non refundable $10 dollar booking fee, per Scheduled Cleaning, is collected at  time of payment by Cleanio for cost incurred for scheduling the service.  

6.4 Additional Cleaning Service Charge: Properties that have atypical cleaning needs  or have been neglected as determined by Cleanio, may require additional cleaning  hours to fulfill the agreed checklist. An additional cleaning service charge between  $60.00 and $100.00 may be charged to cover those additional hours. Cleanio will notify  client upon arrival to the property and in good faith if an additional service charge is  required . Either party Cleanio or the Client has the right to reschedule or cancel the job  if the client does not approve the additional service charge.  

6.5. Cleanio on behalf and in the name of the Cleaner, will issue you with a tax receipt.

6.6. If the User is entitled to a refund, as per the Cleaning Agreement, Cleanio will  process the refund within 48 hours of the right to the refund arising.  

7. CHANGES AND CANCELLATIONS

7.1. You can cancel or amend a Cleaning free of charge, up to 24 hours before the  Cleaning Service is scheduled to begin.  

7.2. If you cancel or amend a Cleaning within 24 hours before the Cleaning Service is  scheduled to begin, you will have to pay cancellation costs equivalent to the value of the  total Cleaning fee.  

7.3. You cannot amend, extend or cancel a Cleaning during the performance of the  Services.

7.4. The Cleaning Agreement shall expire once the Cleaning Services under the  Cleaning have been performed.  

7.5. If the Cleaner is unable to fulfill a confirmed Cleaning (in full or part), Cleanio will  attempt to find you a replacement Cleaner. If we cannot find you an alternative Cleaner,  we will reschedule your Cleaning to a new time which suits you. If we cannot find a  suitable time for you, you may cancel the Cleaning at no charge.  

8. CLEANING SERVICES

8.1. Cleanio operates the Website and mobile phone applications as a third party  facilitator for the Cleaning Services and provides you with the platform to purchase the  Cleaning Services.  

8.2. Cleanio is not an agent or broker for you. You enter into any transaction with  Cleanio on behalf of a Cleaner entirely at your own risk.  

8.3. Cleanio uses their best efforts to monitor the Cleaning Services offered by a  Cleaner. However, Cleanio 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  Cleanio, who will then pass the issue onto the Cleaner designated to your Cleaning. You  should refer to the terms and conditions of your Cleaning Agreement for further  information.  

8.4. All Cleanings are subject to Cleaner availability.  

9. TERMINATION

9.1. Cleanio may at its discretion terminate your use of, or access to, the Website or  mobile phone applications at any time. If this happens we may notify you by email. If  your use of the Website or mobile phone applications is terminated:  

  1. You are no longer Authorized to access the Website or mobile phone applications  or use any other Cleanio services with the email address you used to register with the  Website or mobile phone applications or any other email address you possess;
  2. you will continue to be subject to and bound by all restrictions imposed on you by the  Terms; and all licenses granted by you and all disclaimers by Cleanio and limitations of Cleanio’s liability set out in the Terms or elsewhere on the Website or mobile phone applications  will survive termination.  

9.2. You may terminate this agreement by emailing Cleanio at Jason@cleanioapp.com Cleanio will disable your User Profile within fourteen (14) days of receipt of the email  requesting termination of your User Profile.  

9.3. Cleanio reserves the right to deduct any outstanding fees and charges owing to  Cleanio and/or the Cleaner on your User Profile prior to disabling it.  

10. DISPUTE RESOLUTION POLICY

10.1. Cleanio will use reasonable endeavors to mediate any dispute concerning the  use of the Website or mobile phone applications.  

10.2. Disputes in relation to the Cleaning Services carried out by a Cleaner or any other  issue will be referred, where appropriate, to external dispute resolution services or  authorities.  

11. SECURITY OF PAYMENT

11.1. We have 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. Cleanio 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.  

12. PRIVACY

12.1. 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 ascertained, from the information or opinion.  

12.2. Cleanio collects and stores Personal Information you enter into the User Profile.  Personal Information collected by Cleanio will be maintained in accordance with our  Privacy Policy available on the. www.Cleanioapp.com.

12.3. You agree that Cleanio will disclose your Personal Information, including your  name and address to the Cleaner for the Cleaner to carry out the Cleaning Services.  

12.4. Both parties must abide by all relevant Australian Privacy Principles set out in the  Privacy Act 1974 in their collection, use, disclosure and storage of Personal Information.  

13. INTELLECTUAL PROPERTY

13.1. The Phone Application and Site Content is protected by copyright and Cleanio  reserves all Intellectual Property Rights which may subsist in the Site Content and/or  the Website and/or mobile phone applications.  

13.2. By accepting the Terms, you are granted a non-exclusive license to:  

(a) view the Website and/or mobile phone applications;
(b) print pages from the Website and/or mobile phone applications in its original form;  and
(c) download any material from the Website and/or mobile phone applications for  caching purposes only.  

13.3. You must not, without Cleanio’s prior written consent which may be withheld at its  absolute discretion:  

  1. copy, republish, reproduce, duplicate or extract Site Content;
  2. redistribute, sell, rent or license any Site Content; or
  3. edit, modify or vary the Site Content.

14. ACCEPTABLE USE

14.1. You must not use, or cause this Website or mobile phone applications to be used,  in any way which:  

  1. breaches any of these Terms;
  2. infringes Cleanio’s or any third party’s Intellectual Property Rights;
  3. is fraudulent, illegal or unlawful; or
  4. causes impairment of the availability or accessibility of the Website or mobile phone  applications.

14.2. You must not use, or cause this Website or mobile phone applications to be used,  as a medium which stores, hosts, transmits sends or distributes any material which  consists of:  

  1. spyware;
  2. computer viruses;
  3. trojans;
  4. worms;
  5. keystroke loggers; or
  6. any other malicious computer software.  

15. INDEMNITY AND LIABILITY

15.1. General indemnity  

You agree to indemnify Cleanio, on demand, against any claim, action, damage, loss,  liability, cost, charge, expense or payment which Cleanio may pay, suffer, incur or are  liable for, in relation to any act you do or cause to be done, in breach of these Terms.  

15.2. General limitation of liability  

We will not be liable to you in contract, tort or equity in relation to any direct, indirect or  consequential loss you incur in relation to the contents or use of or reliance on Site  Content or otherwise in connection with the Website or mobile phone applications.  

15.3. Cleaning Services Liability  

To the extent permitted by law, Cleanio will not be responsible and will be excluded from  all liability, for any loss or damage whatsoever (including personal injury, loss of life and  damage to property) that you or another person may suffer in connection with the offer  or supply of (or default in supplying) the Cleaning Services.  

15.4. Information accuracy  

You acknowledge and agree that some of the Site Content may be provided by way of  blogs or comments made by other users of the Website or mobile phone applications,  and that Cleanio does not accept any liability for the accuracy of such information or  your reliance on the same. The Site 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).

15.5. Acceptance  

By using this Website or mobile phone applications, you agree and accept that the  indemnity and limitations of liability provided in this clause 16 are reasonable.  

16. WARRANTIES AND REPRESENTATIONS

16.1. The use of this Website or mobile phone applications is at your own risk. The Site  Content and everything from the Website or mobile phone applications is provided to  you on an “as is” and “as available” basis without warranty or condition of any kind.  

16.2. None of Cleanio’s affiliates, directors, officers, employees, agents, contributors,  third party content providers or licensors make any express or implied representation or  warranty about the Site Content or Website or mobile phone applications.  

17. GENERAL PROVISIONS

17.1. 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.  

17.2. 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.  

17.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the  enforceability of the other provisions in these Terms.  

17.4. These Terms shall be governed by and construed in accordance with the law for  the time being applicable to New South Wales and you agree to submit to the non exclusive jurisdiction of the Courts of New South Wales.