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Terms & Conditions Page
Available in Melbourne Only
(for now!)

Terms & Conditions

The following terms and conditions apply to and govern the agreement between the Company and the Customer in relation to the supply of Services by the Service Providers. These terms and conditions supersede and replace any previous terms and conditions.
 

1.    DEFINITIONS AND INTERPRETATION



1.1    The meaning of the terms used in these terms and conditions are set out below:

Term

Meaning

Australian Consumer Law

refers to the consumer law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

Cancellation Fee

has the meaning given to that term in clause  8.2

Claim

a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent

Cleaning Fee

the fee agreed to be paid by the Customer for the Services rendered by the Service Provider

Company

SprucedUp Pty Ltd ACN 640 229 885

Customer

a person whose order or request for the purchase of Services is accepted by the Company for listing on the Online Platform and subsequently accepted by the Service Provider via the Online Platform

Excluded Loss

means:

  1. loss, or anticipated loss, of use, business, production, profit or revenue, loss of business reputation, business interruption of any nature or loss of opportunity;
  2. exemplary or punitive damages; or
  3. any loss or damage arising from special circumstances that are outside the ordinary course of things

GST

the Goods and Services tax levied pursuant to the A New Tax System, (Services  Tax) Act 1999 (Cth)

Implied Terms

any term, condition, warranty, right or remedy applicable to these terms that is implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include the Australian Consumer Law and Australian state or territory legislation

Online Payment Platform

a third party provider of online payment services

Online Platform

the online website maintained by the Company

Order

a Customer’s accepted request for Services containing the particulars of the Services to be provided

Personnel

any officer, director, employee, agent, consultants and representatives of a party

Rescheduling Fee

has the meaning given to that term in clause 8.3

Service Provider

a third party that carries out the Services for the Customer

Scope of Works

has the meaning given to that term in clause 6.1

Services

any services which are requested by the Customer and supplied by the Service Provider


1.2    In these terms and conditions: 
(a)    words importing the singular include the plural and vice versa; 
(b)    a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
(c)    a reference to a statute includes a reference to all enactments amending or consolidating the statute and to an enactment substituted for the statute and any subordinate legislation, including regulations; and 
(d)    headings are included for convenience only and do not affect interpretation of these terms and conditions.


2.    GENERAL



2.1    Unless otherwise agreed by the Company, these terms and conditions constitute an agreement between the Company and the Customer in relation to the provision of the Online Platform to the exclusion of all other terms proposed by the Customer. The Customer acknowledges that all Services are provided by the Service Provider that the Customer contracts with through the Online Platform and are not the responsibility of the Company.
2.2    In order for a party to engage Services from a Service Provider using the Online Platform, an account must be created on the Online Platform.
2.3    The account must include either credit card information, debit card information or any other form of information that allows for the making of a payment. 
2.4    The Company may refuse any request for a listing of Services on the Online Platform in its absolute discretion and may make its acceptance of a request conditional upon it receiving a deposit or satisfactory credit assessment of the Customer.
2.5    The Company may change these terms and conditions by uploading amended terms and conditions to the Online Platform. The Customer agrees that the subsequent use of the Online Platform will be deemed to be an acceptance of such changed terms and conditions.
2.6    The warranties, obligations and promises made by the Customer under these terms and conditions shall be for the benefit of SprucedUp and the Service Provider. The Customer acknowledges that the warranties, obligations and promises made by it under this agreement are enforceable by the Service Provider and are held on trust by SprucedUp for the benefit of the Service Provider. 


3.    SERVICE PROVIDER



3.1    The Customer acknowledges that:
(a)    the Company’s responsibility is limited to provision of the Online Platform, arranging and scheduling the Services and collecting payment from the Customer for the Services on behalf of the Service Provider;
(b)    the Service Provider is not an employee of the Company;
(c)    the only contractual relationship relating to the Services is between the Customer and the Service Provider;
(d)    the Services are provided to the Customer by the Service Provider and therefore the Service Provider is responsible to the Customer;
(e)    the Service Provider is liable for any loss or damage suffered by the Customer or any other person in relation to the provision of Services, including but not limited to any loss caused by or resulting from any failure, defect or deficiency in the Services provided; and
(f)    SprucedUp is not be liable for any Claims arising out of, or in any way related to the Services or conduct of the Service Provider.


4.    CLEANING FEE



4.1    Unless otherwise expressly stated, the Cleaning Fee payable by the Customer under these terms and conditions is exclusive of GST.
4.2    The Cleaning Fee payable by the Customer may be published by the Company and/or agreed between the Customer and the Company from time-to-time. 
4.3    All amounts payable are quoted in the Australian currency
4.4    The Company will be entitled to set off against any money owing to the Customer amounts owed to the Company by the Customer on any account whatsoever.

5.    ACCOUNT TERMS


5.1    The Customer shall pay for all Services without any offset or deduction whatsoever, unless agreed otherwise in writing, after the Service is supplied. The Company will collect payment for the Services on behalf of the Service Provider.
5.2    The payment for Services will be charged to the Customer’s debit or credit card via an Online Payment Platform.   
5.3    If GST is imposed on any Services supplied by the Service Provider, then the Customer must pay to an additional amount equal to the GST payable on or for such taxable supply. Payment of the additional amount will be made at the same time as payment for the Services is required to be made in accordance with these terms and conditions, subject to the provision of a tax invoice.
5.4    If the Customer does not pay by the due date, the Customer shall pay interest on monies due, charged on a daily rate at 2% per month from the due date of payment until actual date of payment. 
5.5    In the event the Customer defaults in making due and punctual payment, the Customer agrees to indemnify the Service Provider for all expenses incurred in relation to the collection of the outstanding amount including, but not limited to, charges and fees, legal costs and disbursements. The Company is also entitled to recover from the Customer all losses of the Company arising from the breach or default in making due and punctual payment. 

6.    DELIVERY OF SERVICES 



6.1    The Customer will list on the Online Platform all necessary information and specifications relating to requirements of the Customer in respect of the Services ("Scope of Works"). 
6.2    The nature and extent of the Services will be determined on the basis of the Scope of Works.
6.3    A price for the Cleaning Fee will be displayed to the Customer via the Online Platform whereby the Customer can formally accept the price.
6.4    If a Service Provider then accepts the price for the Services a contract for the performance of the Services is formed between the Customer and the Service Provider.   
6.5    If the Scope of Works is subsequently amended by the Customer, the Cleaning Fee will be amended.
6.6    The Customer will provide necessary equipment and materials for the provision of Services. The equipment and materials for the provision of Services to be provided by the Service Provider are limited to cleaning cloths, sponges, masks and gloves. 
6.7    The Customer must provide the Service Provider with unrestricted access to any relevant work-site, house, building, dwelling or location in order for the Service Provider to carry out the Services. The Customer must ensure that the location in respect of the Services is: 
(a)    a safe working environment; and
(b)    accessible and prepared for the provision of Services.

7.    HEALTH AND SAFETY



7.1    The Service Provider reserves the right to terminate the Customer’s Order or cease the provision of Services if the Service Provider, in its absolute discretion, considers the carrying out of the Services to be a risk to health and safety.
7.2    The Company will be entitled to payment for part performance of the Services and charge a rescheduling fee or cancellation fee, the amounts of which are stipulated in clause 8, if for any reason access to site is restricted or a safe working environment is not provided.

8.    CANCELLATION



8.1    The Customer may cancel or reschedule an order for Services without charge if effected more than 24 hours prior to the scheduled time of the Service. 
8.2    The Customer will incur a Cancellation Fee totalling fees payable for pre-scheduled cleans over a two month period if an Order for Services is cancelled less than 24 hours prior to the scheduled time.
8.3    The Customer will incur a Rescheduling Fee of $50 if an Order for Services is rescheduled less than 24 hours prior to the scheduled time. 
8.4    The Cancellation Fee and Rescheduling Fee applies only to scheduled, pre-paid Orders. 
8.5    The cancellation and rescheduling fees may be waived in exceptional circumstances at the sole discretion of the Company provided that the Customer informs the Company of the reasons for the cancellation or reschedule. 


9.    WARRANTY



9.1    The Customer acknowledges and agrees that it does not rely on the skill or judgment of the Company in relation to the suitability of any Services for a particular purpose. Any advice, recommendation, information or assistance provided by the Company is provided without any liability by the Company whatsoever.
9.2    If the Customer is a consumer within the meaning of that term in the Australian Consumer Law, the Company makes each guarantee required as a provider to a consumer under Part 3-2 of the Australian Consumer Law but only to the extent required by the nature of the provision of the Online Platform  and the nature of the Customer.


10.    CLAIMS UPON COMPANY



10.1    Subject to clause 9, all conditions, warranties and undertakings other than Implied Terms are expressly excluded to the maximum extent permitted by law.
10.2    Where a Service Provider is located on the Customer’s site or another nominated site, the Customer shall indemnify and keep indemnified the Company from and against all Claims arising out of or in connection with:
(a)    loss of or damage to property of the Customer;
(b)    loss of or damage to property of the Service Provider;
(c)    loss of or damage to property of any third party; and
(d)    personal injury including death or disease to the Customer, Service Provider or any third party.
10.3    Without limiting any other provisions of this clause 10, the maximum aggregate liability of the Company to the Customer for any Claim (or series of connected Claims) under or in connection with these terms and conditions howsoever arising shall be limited to the Cleaning Fees received by the Company from the Customer in the 12 month period immediately preceding the date of the relevant Claim (or series of connected Claims).


11.    LIABILITY



11.1    To the maximum extent permitted by law, the Company will not be liable in any circumstances for:
(a)    any loss or damage suffered by the Customer or any other person including but not limited to in relation to the provision of Services, including any loss caused by or resulting from any failure, defect or deficiency in the Services provided; 
(b)    any loss or damage suffered by the Customer or any other person in relation to the use of the Online Platform; and
(c)    Excluded Loss.
11.2    The Customer agrees that the Service Provider shall have a reasonable opportunity to rectify, repair or resupply the Services to remedy any damage to property, incomplete or unsatisfactory work.

 
12.    COMPLAINTS & REFUNDS POLICY



12.1    The Customer, if dissatisfied with the Services provided, must inform the Company within 8 hours of completion of the Service in order to be entitled to resupply of the Services or a refund. The Customer must also provide details regarding the failure of Services and evidence such as photographs. 
12.2    Where the Customer is dissatisfied with the Services on a reasonable basis, the Company will arrange for resupply of the Services at no cost to the Customer.
12.3    Where the Customer is dissatisfied with the resupply of the Services, it is within the Company’s sole discretion to refund the Cleaning Fee to the Customer.
12.4    In the event of a minor failure of the Services, the Service Provider’s liability is limited to the resupply of the Services (at the cost of the Service Provider). 
12.5    In the event of a major failure of the Services, the Service Provider’s liability is limited to the resupply of the Services or a refund of any fees received. 


13.    NOTICE



13.1    All notices given under these terms and conditions must be in writing and may be delivered in person or via the Online Platform or by mail or by the medium specified in the address for service stated on the Order. 
13.2    A party may change its particulars for service by notice in writing to the other parties.
13.3    A notice sent by post will be deemed:
(a)    given on the day it is posted; and 
(b)    received six days after posting. 
13.4    A notice sent by email will be deemed received at the time and on the date that it is sent, unless the sender receives notification that the delivery of the email was unsuccessful, in which case the email will not be deemed to have been received.
13.5    For the purposes of clause 13.4, ‘delivery’ of an email means the time that an email reaches the recipient’s server.


14.    GENERAL



Variation
14.1    No amendment or variation to these terms and conditions has force unless it is in writing and signed by the parties. 
Joint and Several
14.2    An obligation of two or more persons under these terms and conditions binds them jointly and severally and every expressed or implied agreement or undertaking by which two or more persons derive any benefit in terms of these terms and conditions will take effect for the benefit of those persons jointly and severally.
Entire Agreement
14.3    These terms and conditions govern the entire agreement between the parties and supersede all prior representations, agreements, statements and understandings between the Customer and the Company.
Governing Laws
14.4    Unless varied by notice in writing by the Company, these terms and conditions shall be governed by and construed in accordance with the laws of Victoria and the parties submit to the exclusive jurisdiction of the courts in Victoria. 
14.5    The parties agree that proceedings may be commenced in any Court in Victoria and consent to that Court having jurisdiction by virtue of clause 14.4 even though the Court would not otherwise have such jurisdiction without this consent.
Waiver
14.6    Any failure by the Company to insist upon strict performance of any terms and/or conditions herein shall not be deemed a waiver thereof of any right that the Company may have and shall not be deemed to be a waiver of any subsequent breach of any terms and/or conditions.
Severance
14.7    In the event that the whole or any part or parts of any provisions in these terms and conditions should be held to be void or unenforceable in whole or in part such provision or part thereof shall to that extent be severed from these terms and conditions but the validity and enforceability of the remainder of these terms and conditions shall not be affected.