Shiny Cleaners Australia (A.B.N. 51 649 466 197) (“Shiny Cleaners“) operates an online platform at www.shinycleaners.com.au (the “Website“) through which customers (“Users“) can book cleaning services (“Cleaning Services“) provided by businesses (“Businesses“) by submitting a Booking Request. Shiny Cleaners Australia acts as a third-party facilitator between Users and Businesses, matching the most suitable Business from its database to the Booking Request.
The Business engaged by Shiny Cleaners Australia is responsible for providing the Cleaning Services.
Shiny Cleaners Australia does not directly provide the Cleaning Services, but rather facilitates the arrangement between Users and Businesses. As such, Shiny Cleaners Australia can receive and confirm Users’ requests for Cleaning Services, issue invoices on behalf of the Business, and transmit payments to the Business.
AND THE PARTIES HEREBY AGREE:
Access to and use of the Website is subject to the terms and conditions set forth in this agreement (the “Terms”). By accessing and using the Website, the Parties acknowledge and accept the Terms as binding and agree to comply with them.
Definitions and Interpretation:
1.1. Definitions:
“Booking” refers to the reservation made by the user on the Website for the provision of Cleaning Services.
“Booking System” refers to the online system that enables users to make a Booking.
“Cleaning Fee” refers to the fee, inclusive of goods and service tax (if applicable), charged for the Cleaning Services on an hourly basis, as communicated by Shiny Cleaners from time to time.
“Intellectual Property Rights” refers to all present and future rights worldwide related to copyright, trademarks, designs, patents, or any other proprietary rights, including the rights to register such rights, whether existing before or after your access to the Website.
“Payment Amount” refers to the amount that users are required to pay for the Cleaning Services under their Booking.
“Site Content” refers to all material, content, and information available on the Website, including written text, graphics, images, photographs, logos, trademarks, audio material, video material, and any other forms of expression.
“you” or “your” refers to the user accessing and utilizing the Website.
1.2. In these Terms, unless the context otherwise requires:
(a) Headings are for convenience only and do not affect the interpretation or construction of these Terms.
(b) The singular includes the plural, and vice versa.
(c) References to recitals, clauses, subclauses, paragraphs, annexures, or schedules are references to the corresponding recitals, clauses, subclauses, paragraphs, annexures, and schedules of these Terms.
(d) Words importing a gender include all other genders.
(e) The term “person” refers to a natural person and any association, body, or entity, whether incorporated or not.
(f) Where a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(g) References to any statute, proclamation, rule, code, regulation, or ordinance include any amendments, consolidations, modifications, re-enactments, or reprints of such statutes, proclamations, rules, codes, regulations, or ordinances.
(h) All monetary amounts are stated in Australian currency.
(i) References to time are in Eastern Standard Time.
(j) The term “includes” is not a word of limitation.
(k) No rule of construction shall be applied to the disadvantage of a party because these Terms are prepared by or on behalf of that party.
(l) References to any thing include the whole and each part of it.
(m) References to a group of persons include all of them collectively and each of them individually.
(n) References to a document include all amendments, supplements, replacements, or novations to that document.
Terms and Conditions:
2.1. These Terms govern your access to and use of this Website.
2.2. Shiny Cleaners regularly reviews these Terms and reserves the right to modify them without notice to you by updating this document. It is your responsibility to regularly review this document, available on the Website, as any changes to the Terms will take immediate effect from the date of publication. By continuing to use the Website after any such changes are made, you will be deemed to have accepted those changes.
2.3. You acknowledge that certain hyperlinks or redirection tools on the Website may lead you to websites operated by third parties (“Third Party Sites”). These Third Party Sites are not controlled by Shiny Cleaners and do not form part of the Website. You agree that Shiny Cleaners shall not be held liable or accountable for any actions, events, or content that occur on any Third Party Site.
Acceptance:
3.1. Prior to using this Website and making a Booking, you must agree to the Terms.
3.2. You indicate your acceptance of the Terms by:
(a) Creating a User Profile; and
(b) Clicking to accept/agree to the Terms; or
(c) Making a booking.
3.3. However, you may not accept the Terms or access the Website if:
(a) You are not of legal age to enter into a binding contract with Shiny Cleaners; or
(b) You are a person prohibited from entering into contracts under applicable legislation. In such cases, you must immediately leave the Website.
3.4. By accepting the Terms, you acknowledge that this constitutes clear and unequivocal evidence that the Terms are not unconscionable, that there is no unfair bargaining power or position, that no duress exists, and that you have read and understood the Terms carefully.
3.5. If you do not comprehend any aspect of the Terms, it is advisable to seek independent legal advice.
User Profile:
4.1. To make a Booking, you will need to register your personal information, including your name, address, phone number, and payment details, on the Website (“User Profile”).
4.2. Upon registration, you will receive a unique username and password that are associated with your User Profile. The username and password are for your personal use only and cannot be transferred to others. You are solely responsible for all activities, information posted, or transmitted through the Booking System using your username and password. Additionally, any payments due for the Cleaning Services booked through the Booking System by anyone using your username and password are your responsibility. If you become aware of any unauthorized use or breach of security regarding your username and password, please notify us immediately.
4.3. Shiny Cleaners reserves the right to delete or block User Profiles at its discretion. Users who have been blocked are prohibited from creating a new User Profile.
Booking System:
5.1. To make a Booking, you must log in to your User Profile and utilize the Booking System to submit your Booking request. After submitting your request, you will receive a confirmation receipt from Shiny Cleaners.
5.2. Shiny Cleaners will then make your contact details, location, requested time, and scope of the Cleaning Service available to their network of Businesses. An available Business will confirm their acceptance of the Booking to Shiny Cleaners, and you will be notified of the confirmation.
5.3. While you have the option to select a preferred Business, please note that the availability of a specific Business cannot be guaranteed and will depend on their schedule.
5.4. Once a Booking is confirmed by a Business, Shiny Cleaners will send you an acceptance email that establishes the relationship between you and the Business for the provision of the Cleaning Services. Shiny Cleaners will not be involved in the Cleaning Agreement between you and the Business, except for processing the Payment Amount on behalf of the Business and providing you with an invoice as outlined in clause 6.4.
5.5. If the requested Booking cannot be accommodated, Shiny Cleaners will work with you and a Business to arrange an alternative time for the Cleaning Service.
5.6. You are strictly prohibited from engaging the Cleaning Services of a Business outside of the Booking System on the Website.
5.7. The Booking System is provided on the Website solely for the purpose of making legitimate Bookings and processing payments for those Bookings. It must not be used for any other purposes.
5.8. By using the Booking System, you confirm that you are at least 18 years old and have the legal authority to make Bookings in accordance with these Terms. You also agree that all information provided by you when using the Website and the Booking System will be true and accurate at all times.
5.9. Any speculative, false, or fraudulent Bookings are strictly prohibited. The Booking System may only be used for legitimate Bookings on behalf of yourself or individuals for whom you are legally authorized to act. You acknowledge that misuse or abuse of the Booking System may result in denial of access to the Booking System.
5.10. Shiny Cleaners reserves the right to add, modify, or remove functions available on the Website at its discretion and at any time.
Payment & Refund
6.1. By making a Booking, you authorize the secure transfer of your payment details to Shiny Cleaners’ payment gateway. Shiny Cleaners may verify the availability of funds on your nominated payment method to ensure sufficient funds are available.
6.2. Upon the successful completion of your Cleaning Service, you agree to the automatic deduction of the Payment Amount from your nominated payment method. It is your responsibility to ensure that sufficient funds are available for the deduction at that time. Any fees and charges related to insufficient funds during the deduction process will be passed on to you. If the Customer refuses to pay for services rendered and we are forced to engage a debt collector, then the Customer will be liable to pay for the debt collection fees in addition to any outstanding payment owed for services rendered.
6.3. Once the Payment Amount is received, Shiny Cleaners will hold the funds on behalf of the Business until they are remitted to the Business, refunded to you (if applicable), or transferred to Shiny Cleaners as payment for their fees and charges. No interest will be payable by Shiny Cleaners to you or the Business on the funds held by Shiny Cleaners.
6.4. If you request an invoice, Shiny Cleaners will issue one to you. Otherwise, Shiny Cleaners will provide you with a receipt confirming the amount and date of the Booking.
6.5. Shiny Cleaners will provide (at their own discretion) a refund or credit for the Job Fee (as appropriate) where, by no fault of the Customer, the Job is not performed or cannot be satisfactorily completed. Refunds will not be issued in any other circumstances except where required under law.
6.6. Customers who book an end of lease clean (also known as a “move in/out clean” or “bond clean”) will be entitled to a “bond back guarantee.” The guarantee is subject to the following terms and conditions as outlined in clauses 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, and 6.14.
6.7. In the event that the Service Provider omits any items on the bond cleaning checklist, the Service Provider will redo the omitted items free of charge.
6.8. If an item on the end of lease cleaning checklist is omitted, you must notify Shiny Cleaners via email within 72 hours of the completion of the end of lease. This email must clearly state all items on the checklist that were omitted and include supporting photographs.
6.9. The Service Provider will be obligated to redo the end of lease clean once, limited to the items clearly stated in the email sent by you (as per clause 6.8).
6.10. Failure to mention any omitted items within the email (as per clause 6.8) will release the Service Providers from the obligation to redo the unmentioned items.
6.11. The bond back guarantee is valid for 72 hours immediately following the completion of a bond clean. Customers who report quality-related issues to Shiny Cleaners more than 72 hours after the completion of the end of lease clean will not be eligible for the bond back guarantee.
6.12. You acknowledge that Shiny Cleaners generally become fully booked days in advance. Therefore, if a re-clean is required, you agree to allow up to 5 days for Shiny Cleaners to organize the re-clean without interfering with other clients’ bookings.
6.13. You acknowledge that Service Providers may not be able to remove stains from any surfaces in the property. Under no circumstance will a Service Provider be sent back to redo a job solely for the purpose of stain removal, including carpet steam cleaning
, pet hair removal, urine removal, or odor removal. Repeating the carpet steam cleaning process can lead to carpet damage or inadequate drying, resulting in unpleasant odors.
6.14. You acknowledge that the property must be completely free of furniture, boxes, rubbish, and personal items for an end of lease clean to be properly conducted. If any furniture, boxes, rubbish, or personal items are present during the service, and you choose to proceed with the service regardless, the bond back guarantee will be voided.
6.15. In certain circumstances, the estimated labor hours for a service may be incorrect. This can occur due to various factors, including the property’s condition being worse than expected, the property being larger than expected, the property having more windows than average, or the property having more than one kitchen. If a bond clean requires more labor hours than initially estimated, you will only be eligible for the bond back guarantee if you agree to pay for the additional labor hours needed to satisfactorily complete the job, as determined by Shiny Cleaners at their sole discretion.
Changes and Cancellations:
7.1. You have the option to cancel or amend a Booking on the Website free of charge up to 24 hours before the scheduled start time of the Cleaning Service.
7.2. If you cancel or amend a Booking within 24 hours before the scheduled start time of the Cleaning Service, cancellation costs will apply.
7.3. Amendments, extensions, or cancellations of a Booking cannot be made during the performance of the Cleaning Services.
7.4. The Cleaning Agreement will be considered expired once the Cleaning Services under the Booking have been completed.
7.5. In the event that the Business is unable to fulfill a confirmed Booking (in full or in part), Shiny Cleaners will make efforts to find a replacement Business for you. If an alternative Business cannot be found, your Booking will be rescheduled to a new time that is convenient for you. If a suitable time cannot be found, you may cancel the Booking without incurring any charges.
Cleaning Services:
8.1. Shiny Cleaners operates the Website as a third-party facilitator for the purchase of Cleaning Services and provides you with a platform to book and engage with Businesses for such services.
8.2. Shiny Cleaners is not an agent or broker for you or the Business. Any transaction you enter into with a Business is done so entirely at your own risk.
8.3. Shiny Cleaners makes reasonable efforts to monitor the Cleaning Services offered by Businesses. However, Shiny Cleaners does not make any representation regarding the safety, quality, condition, or description of any products used or Cleaning Services provided by a Business. If you have any concerns or issues regarding safety, quality, condition, or description, please notify Shiny Cleaners, and they will communicate the matter to the Business designated for your Booking. For further information, please refer to the terms and conditions of your Cleaning Agreement.
8.4. All bookings are subject to Business availability.
Business Ratings:
9.1. You have the option to post ratings on the Website to provide feedback on the Cleaning Services received (“Ratings“).
9.2. Ratings must be based on factual experiences and should be written in a fair and objective manner. Ratings should not contain offensive or abusive content, infringe upon third parties’ intellectual property rights, or be otherwise unlawful. Ratings that violate this clause will not be published or will be promptly deleted. Ratings will be attributed to the User who posted them.
9.3. By submitting a Rating, you grant Shiny Cleaners the non-exclusive, royalty-free usage rights to the text of the Rating without territorial or time limitations.
9.4. Shiny Cleaners reserves the right to handle Ratings in any manner it deems appropriate, including using them for further rating services, sharing them with third parties, or publishing them.
9.5. Unjustified multiple Ratings, self-Ratings, and any other form of Ratings that attempt to manipulate or distort the rating system are strictly prohibited.
Termination:
10.1. Shiny Cleaners reserves the right to terminate your use of or access to the Website at its discretion, with or without prior notice. In the event of termination:
(a) You will no longer have authorization to access the Website or utilize any other services provided by Shiny Cleaners using the email address associated with your account.
(b) You will remain bound by all restrictions and obligations imposed on you by the Terms.
(c) Any licenses granted by you, as well as all disclaimers, limitations of liability, and other provisions by Shiny Cleaners, whether set forth in the Terms or elsewhere on the Website, will survive termination.
10.2. You have the option to terminate this agreement by sending an email to Shiny Cleaners at info@shinycleaners.com.au. Shiny Cleaners will deactivate your User Profile within fourteen (14) days upon receipt of the termination request.
10.3. Shiny Cleaners reserves the right to deduct any outstanding fees and charges owed to Shiny Cleaners and/or the Business from your User Profile before deactivation.
Dispute Resolution Policy:
11.1. Shiny Cleaners is committed to resolving any disputes or concerns regarding the use of the Website in a fair and efficient manner. Shiny Cleaners will make reasonable efforts to mediate and assist in resolving any such disputes.
11.2. If a dispute arises in relation to the Cleaning Services provided by a Business or any other matter, and it cannot be resolved through mediation, the parties involved may seek resolution through external dispute resolution services or authorities, as deemed appropriate.
Security of Payment:
12.1. Shiny Cleaners is committed to ensuring the security and protection of your payment information. We have implemented practical measures, both technical and systemic, to safeguard your information. All transactions and credit card details are processed through a secure payment gateway. However, while we take reasonable steps to protect your information, we do not provide any warranty or representation regarding the strength or effectiveness of the secure payment gateway. Shiny Cleaners shall not be held responsible for any events arising from unauthorized access to your information.
Privacy:
13.1. Shiny Cleaners values the privacy of your personal information. When you create a User Profile, Shiny Cleaners Australia collects and securely stores the personal information you provide. The collection and storage of your personal information will be governed by our Privacy Policy, which can be accessed on the Website.
13.2. By using our services, you agree that Shiny Cleaners Australia may disclose your personal information, including your name, address, and phone number, to the Business(es) assigned to carry out the Cleaning Services. This disclosure is necessary for the Business(es) to fulfill their obligations in providing the Cleaning Services.
Intellectual Property:
14.1. All content on the Website, including but not limited to text, graphics, logos, images, audio clips, and software (“Site Content”), is protected by copyright and other intellectual property laws. Shiny Cleaners reserves all Intellectual Property Rights that may exist in the Site Content and/or the Website.
14.2. By accepting the Terms, you are granted a limited, non-exclusive license to:
(a) View the Website;
(b) Print pages from the Website in their original form; and
(c) Download any material from the Website for caching purposes only.
14.3. You must not, without the prior written consent of Shiny Cleaners, which may be withheld at its absolute discretion:
(a) Copy, republish, reproduce, duplicate, or extract Site Content;
(b) Redistribute, sell, rent, or license any Site Content; or
(c) Edit, modify, or alter the Site Content.
Certainly! Here’s the modified version of the specified section for the terms and conditions of Shiny Cleaners:
Acceptable Use:
15.1. You must use this Website in a responsible and lawful manner and must not engage in any activity that:
(a) Violates any provision of the Terms;
(b) Infringes upon Shiny Cleaners’ or any third party’s intellectual property rights;
(c) Is fraudulent, illegal, or unlawful; or
(d) Causes disruption or impedes the availability or accessibility of the Website.
15.2. You must not use this Website to store, host, transmit, send, or distribute any material that includes:
(a) Spyware;
(b) Computer viruses;
(c) Trojans;
(d) Worms;
(e) Keystroke loggers; or
(f) Any other malicious computer software.
Indemnity and Liability:
16.1. General Indemnity:
You agree to indemnify Shiny Cleaners, its affiliates, and their respective directors, officers, employees, and agents, on demand, against any claim, action, damage, loss, liability, cost, charge, expense, or payment which Shiny Cleaners may incur or become liable for, arising from any act or breach of the Terms committed by you.
16.2. General Limitation of Liability:
In no event shall Shiny Cleaners be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses resulting from:
(a) The contents, use, or reliance on Site Content;
(b) Any access, use, or inability to use the Website; or
(c) Any unauthorized access to or alteration of your transmissions or data.
16.3. Cleaning Services Liability:
To the extent permitted by law, Shiny Cleaners shall not be liable for any loss or damage, including personal injury, loss of life, or property damage, that you or any other person may suffer in connection with the offer or supply of the Cleaning Services or any default in supplying the Cleaning Services.
16.4. Information Accuracy:
You acknowledge that certain Site Content, such as blogs or comments made by other users of the Website (e.g., Ratings), is provided for informational purposes only. Shiny Cleaners does not warrant the accuracy of such information or your reliance on it. The Site Content is not intended to substitute or replace the advice of a qualified professional.
16.5. Acceptance:
By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are fair and reasonable.
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Warranties and Representations:
17.1. Use at Your Own Risk:
The use of this Website is at your own risk. The Site Content and everything provided on the Website are provided to you on an “as is” and “as available” basis, without any warranty or condition of any kind, whether express or implied.
17.2. No Express or Implied Representation or Warranty:
None of Shiny Cleaners, its affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors make any express or implied representation or warranty regarding the accuracy, completeness, reliability, suitability, or availability of the Site Content or the Website itself. Additionally, they do not make any representation or warranty as to the compatibility of the Website with your devices, or that the Website will be uninterrupted, secure, or error-free.
General Provisions
18.1. Severability:
If any provision of these Terms or the application of any provision is prohibited in any jurisdiction, it shall be ineffective only to the extent of that prohibition in that jurisdiction.
18.2. Validity:
If any provision of these Terms is void, illegal, or unenforceable in any jurisdiction, it shall 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.
18.3. Severance:
If a clause is deemed void, illegal, or unenforceable, it may be severed from these Terms without affecting the enforceability of the other provisions.
18.4. Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Melbourne for any disputes or claims arising out of or in connection with these Terms.
RECITALS
Shiny Cleaners Australia (A.B.N. 51 649 466 197) (“Shiny Cleaners“) operates an online platform at www.shinycleaners.com.au (the “Website“) through which customers (“Users“) can book cleaning services (“Cleaning Services“) provided by businesses (“Businesses“) by submitting a Booking Request. Shiny Cleaners Australia acts as a third-party facilitator between Users and Businesses, matching the most suitable Business from its database to the Booking Request.
The Business engaged by Shiny Cleaners Australia is responsible for providing the Cleaning Services.
Shiny Cleaners Australia does not directly provide the Cleaning Services, but rather facilitates the arrangement between Users and Businesses. As such, Shiny Cleaners Australia can receive and confirm Users’ requests for Cleaning Services, issue invoices on behalf of the Business, and transmit payments to the Business.
AND THE PARTIES HEREBY AGREE:
Access to and use of the Website is subject to the terms and conditions set forth in this agreement (the “Terms”). By accessing and using the Website, the Parties acknowledge and accept the Terms as binding and agree to comply with them.
Definitions and Interpretation:
1.1. Definitions:
“Booking” refers to the reservation made by the user on the Website for the provision of Cleaning Services.
“Booking System” refers to the online system that enables users to make a Booking.
“Cleaning Fee” refers to the fee, inclusive of goods and service tax (if applicable), charged for the Cleaning Services on an hourly basis, as communicated by Shiny Cleaners from time to time.
“Intellectual Property Rights” refers to all present and future rights worldwide related to copyright, trademarks, designs, patents, or any other proprietary rights, including the rights to register such rights, whether existing before or after your access to the Website.
“Payment Amount” refers to the amount that users are required to pay for the Cleaning Services under their Booking.
“Site Content” refers to all material, content, and information available on the Website, including written text, graphics, images, photographs, logos, trademarks, audio material, video material, and any other forms of expression.
“you” or “your” refers to the user accessing and utilizing the Website.
1.2. In these Terms, unless the context otherwise requires:
(a) Headings are for convenience only and do not affect the interpretation or construction of these Terms.
(b) The singular includes the plural, and vice versa.
(c) References to recitals, clauses, subclauses, paragraphs, annexures, or schedules are references to the corresponding recitals, clauses, subclauses, paragraphs, annexures, and schedules of these Terms.
(d) Words importing a gender include all other genders.
(e) The term “person” refers to a natural person and any association, body, or entity, whether incorporated or not.
(f) Where a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(g) References to any statute, proclamation, rule, code, regulation, or ordinance include any amendments, consolidations, modifications, re-enactments, or reprints of such statutes, proclamations, rules, codes, regulations, or ordinances.
(h) All monetary amounts are stated in Australian currency.
(i) References to time are in Eastern Standard Time.
(j) The term “includes” is not a word of limitation.
(k) No rule of construction shall be applied to the disadvantage of a party because these Terms are prepared by or on behalf of that party.
(l) References to any thing include the whole and each part of it.
(m) References to a group of persons include all of them collectively and each of them individually.
(n) References to a document include all amendments, supplements, replacements, or novations to that document.
2.1. These Terms govern your access to and use of this Website.
2.2. Shiny Cleaners regularly reviews these Terms and reserves the right to modify them without notice to you by updating this document. It is your responsibility to regularly review this document, available on the Website, as any changes to the Terms will take immediate effect from the date of publication. By continuing to use the Website after any such changes are made, you will be deemed to have accepted those changes.
2.3. You acknowledge that certain hyperlinks or redirection tools on the Website may lead you to websites operated by third parties (“Third Party Sites”). These Third Party Sites are not controlled by Shiny Cleaners and do not form part of the Website. You agree that Shiny Cleaners shall not be held liable or accountable for any actions, events, or content that occur on any Third Party Site.
3.1. Prior to using this Website and making a Booking, you must agree to the Terms.
3.2. You indicate your acceptance of the Terms by:
(a) Creating a User Profile; and
(b) Clicking to accept/agree to the Terms; or
(c) Making a booking.
3.3. However, you may not accept the Terms or access the Website if:
(a) You are not of legal age to enter into a binding contract with Shiny Cleaners; or
(b) You are a person prohibited from entering into contracts under applicable legislation. In such cases, you must immediately leave the Website.
3.4. By accepting the Terms, you acknowledge that this constitutes clear and unequivocal evidence that the Terms are not unconscionable, that there is no unfair bargaining power or position, that no duress exists, and that you have read and understood the Terms carefully.
3.5. If you do not comprehend any aspect of the Terms, it is advisable to seek independent legal advice.
4.1. To make a Booking, you will need to register your personal information, including your name, address, phone number, and payment details, on the Website (“User Profile”).
4.2. Upon registration, you will receive a unique username and password that are associated with your User Profile. The username and password are for your personal use only and cannot be transferred to others. You are solely responsible for all activities, information posted, or transmitted through the Booking System using your username and password. Additionally, any payments due for the Cleaning Services booked through the Booking System by anyone using your username and password are your responsibility. If you become aware of any unauthorized use or breach of security regarding your username and password, please notify us immediately.
4.3. Shiny Cleaners reserves the right to delete or block User Profiles at its discretion. Users who have been blocked are prohibited from creating a new User Profile.
5.1. To make a Booking, you must log in to your User Profile and utilize the Booking System to submit your Booking request. After submitting your request, you will receive a confirmation receipt from Shiny Cleaners.
5.2. Shiny Cleaners will then make your contact details, location, requested time, and scope of the Cleaning Service available to their network of Businesses. An available Business will confirm their acceptance of the Booking to Shiny Cleaners, and you will be notified of the confirmation.
5.3. While you have the option to select a preferred Business, please note that the availability of a specific Business cannot be guaranteed and will depend on their schedule.
5.4. Once a Booking is confirmed by a Business, Shiny Cleaners will send you an acceptance email that establishes the relationship between you and the Business for the provision of the Cleaning Services. Shiny Cleaners will not be involved in the Cleaning Agreement between you and the Business, except for processing the Payment Amount on behalf of the Business and providing you with an invoice as outlined in clause 6.4.
5.5. If the requested Booking cannot be accommodated, Shiny Cleaners will work with you and a Business to arrange an alternative time for the Cleaning Service.
5.6. You are strictly prohibited from engaging the Cleaning Services of a Business outside of the Booking System on the Website.
5.7. The Booking System is provided on the Website solely for the purpose of making legitimate Bookings and processing payments for those Bookings. It must not be used for any other purposes.
5.8. By using the Booking System, you confirm that you are at least 18 years old and have the legal authority to make Bookings in accordance with these Terms. You also agree that all information provided by you when using the Website and the Booking System will be true and accurate at all times.
5.9. Any speculative, false, or fraudulent Bookings are strictly prohibited. The Booking System may only be used for legitimate Bookings on behalf of yourself or individuals for whom you are legally authorized to act. You acknowledge that misuse or abuse of the Booking System may result in denial of access to the Booking System.
5.10. Shiny Cleaners reserves the right to add, modify, or remove functions available on the Website at its discretion and at any time.
6.1. By making a Booking, you authorize the secure transfer of your payment details to Shiny Cleaners’ payment gateway. Shiny Cleaners may verify the availability of funds on your nominated payment method to ensure sufficient funds are available.
6.2. Upon the successful completion of your Cleaning Service, you agree to the automatic deduction of the Payment Amount from your nominated payment method. It is your responsibility to ensure that sufficient funds are available for the deduction at that time. Any fees and charges related to insufficient funds during the deduction process will be passed on to you. If the Customer refuses to pay for services rendered and we are forced to engage a debt collector, then the Customer will be liable to pay for the debt collection fees in addition to any outstanding payment owed for services rendered.
6.3. Once the Payment Amount is received, Shiny Cleaners will hold the funds on behalf of the Business until they are remitted to the Business, refunded to you (if applicable), or transferred to Shiny Cleaners as payment for their fees and charges. No interest will be payable by Shiny Cleaners to you or the Business on the funds held by Shiny Cleaners.
6.4. If you request an invoice, Shiny Cleaners will issue one to you. Otherwise, Shiny Cleaners will provide you with a receipt confirming the amount and date of the Booking.
6.5. Shiny Cleaners will provide (at their own discretion) a refund or credit for the Job Fee (as appropriate) where, by no fault of the Customer, the Job is not performed or cannot be satisfactorily completed. Refunds will not be issued in any other circumstances except where required under law.
6.6. Customers who book an end of lease clean (also known as a “move in/out clean” or “bond clean”) will be entitled to a “bond back guarantee.” The guarantee is subject to the following terms and conditions as outlined in clauses 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, and 6.14.
6.7. In the event that the Service Provider omits any items on the bond cleaning checklist, the Service Provider will redo the omitted items free of charge.
6.8. If an item on the end of lease cleaning checklist is omitted, you must notify Shiny Cleaners via email within 72 hours of the completion of the end of lease. This email must clearly state all items on the checklist that were omitted and include supporting photographs.
6.9. The Service Provider will be obligated to redo the end of lease clean once, limited to the items clearly stated in the email sent by you (as per clause 6.8).
6.10. Failure to mention any omitted items within the email (as per clause 6.8) will release the Service Providers from the obligation to redo the unmentioned items.
6.11. The bond back guarantee is valid for 72 hours immediately following the completion of a bond clean. Customers who report quality-related issues to Shiny Cleaners more than 72 hours after the completion of the end of lease clean will not be eligible for the bond back guarantee.
6.12. You acknowledge that Shiny Cleaners generally become fully booked days in advance. Therefore, if a re-clean is required, you agree to allow up to 5 days for Shiny Cleaners to organize the re-clean without interfering with other clients’ bookings.
6.13. You acknowledge that Service Providers may not be able to remove stains from any surfaces in the property. Under no circumstance will a Service Provider be sent back to redo a job solely for the purpose of stain removal, including carpet steam cleaning
, pet hair removal, urine removal, or odor removal. Repeating the carpet steam cleaning process can lead to carpet damage or inadequate drying, resulting in unpleasant odors.
6.14. You acknowledge that the property must be completely free of furniture, boxes, rubbish, and personal items for an end of lease clean to be properly conducted. If any furniture, boxes, rubbish, or personal items are present during the service, and you choose to proceed with the service regardless, the bond back guarantee will be voided.
6.15. In certain circumstances, the estimated labor hours for a service may be incorrect. This can occur due to various factors, including the property’s condition being worse than expected, the property being larger than expected, the property having more windows than average, or the property having more than one kitchen. If a bond clean requires more labor hours than initially estimated, you will only be eligible for the bond back guarantee if you agree to pay for the additional labor hours needed to satisfactorily complete the job, as determined by Shiny Cleaners at their sole discretion.
7.1. You have the option to cancel or amend a Booking on the Website free of charge up to 24 hours before the scheduled start time of the Cleaning Service.
7.2. If you cancel or amend a Booking within 24 hours before the scheduled start time of the Cleaning Service, cancellation costs will apply.
7.3. Amendments, extensions, or cancellations of a Booking cannot be made during the performance of the Cleaning Services.
7.4. The Cleaning Agreement will be considered expired once the Cleaning Services under the Booking have been completed.
7.5. In the event that the Business is unable to fulfill a confirmed Booking (in full or in part), Shiny Cleaners will make efforts to find a replacement Business for you. If an alternative Business cannot be found, your Booking will be rescheduled to a new time that is convenient for you. If a suitable time cannot be found, you may cancel the Booking without incurring any charges.
8.1. Shiny Cleaners operates the Website as a third-party facilitator for the purchase of Cleaning Services and provides you with a platform to book and engage with Businesses for such services.
8.2. Shiny Cleaners is not an agent or broker for you or the Business. Any transaction you enter into with a Business is done so entirely at your own risk.
8.3. Shiny Cleaners makes reasonable efforts to monitor the Cleaning Services offered by Businesses. However, Shiny Cleaners does not make any representation regarding the safety, quality, condition, or description of any products used or Cleaning Services provided by a Business. If you have any concerns or issues regarding safety, quality, condition, or description, please notify Shiny Cleaners, and they will communicate the matter to the Business designated for your Booking. For further information, please refer to the terms and conditions of your Cleaning Agreement.
8.4. All bookings are subject to Business availability.
9.1. You have the option to post ratings on the Website to provide feedback on the Cleaning Services received (“Ratings“).
9.2. Ratings must be based on factual experiences and should be written in a fair and objective manner. Ratings should not contain offensive or abusive content, infringe upon third parties’ intellectual property rights, or be otherwise unlawful. Ratings that violate this clause will not be published or will be promptly deleted. Ratings will be attributed to the User who posted them.
9.3. By submitting a Rating, you grant Shiny Cleaners the non-exclusive, royalty-free usage rights to the text of the Rating without territorial or time limitations.
9.4. Shiny Cleaners reserves the right to handle Ratings in any manner it deems appropriate, including using them for further rating services, sharing them with third parties, or publishing them.
9.5. Unjustified multiple Ratings, self-Ratings, and any other form of Ratings that attempt to manipulate or distort the rating system are strictly prohibited.
10.1. Shiny Cleaners reserves the right to terminate your use of or access to the Website at its discretion, with or without prior notice. In the event of termination:
(a) You will no longer have authorization to access the Website or utilize any other services provided by Shiny Cleaners using the email address associated with your account.
(b) You will remain bound by all restrictions and obligations imposed on you by the Terms.
(c) Any licenses granted by you, as well as all disclaimers, limitations of liability, and other provisions by Shiny Cleaners, whether set forth in the Terms or elsewhere on the Website, will survive termination.
10.2. You have the option to terminate this agreement by sending an email to Shiny Cleaners at info@shinycleaners.com.au. Shiny Cleaners will deactivate your User Profile within fourteen (14) days upon receipt of the termination request.
10.3. Shiny Cleaners reserves the right to deduct any outstanding fees and charges owed to Shiny Cleaners and/or the Business from your User Profile before deactivation.
11.1. Shiny Cleaners is committed to resolving any disputes or concerns regarding the use of the Website in a fair and efficient manner. Shiny Cleaners will make reasonable efforts to mediate and assist in resolving any such disputes.
11.2. If a dispute arises in relation to the Cleaning Services provided by a Business or any other matter, and it cannot be resolved through mediation, the parties involved may seek resolution through external dispute resolution services or authorities, as deemed appropriate.
12.1. Shiny Cleaners is committed to ensuring the security and protection of your payment information. We have implemented practical measures, both technical and systemic, to safeguard your information. All transactions and credit card details are processed through a secure payment gateway. However, while we take reasonable steps to protect your information, we do not provide any warranty or representation regarding the strength or effectiveness of the secure payment gateway. Shiny Cleaners shall not be held responsible for any events arising from unauthorized access to your information.
13.1. Shiny Cleaners values the privacy of your personal information. When you create a User Profile, Shiny Cleaners Australia collects and securely stores the personal information you provide. The collection and storage of your personal information will be governed by our Privacy Policy, which can be accessed on the Website.
13.2. By using our services, you agree that Shiny Cleaners Australia may disclose your personal information, including your name, address, and phone number, to the Business(es) assigned to carry out the Cleaning Services. This disclosure is necessary for the Business(es) to fulfill their obligations in providing the Cleaning Services.
14.1. All content on the Website, including but not limited to text, graphics, logos, images, audio clips, and software (“Site Content”), is protected by copyright and other intellectual property laws. Shiny Cleaners reserves all Intellectual Property Rights that may exist in the Site Content and/or the Website.
14.2. By accepting the Terms, you are granted a limited, non-exclusive license to:
(a) View the Website;
(b) Print pages from the Website in their original form; and
(c) Download any material from the Website for caching purposes only.
14.3. You must not, without the prior written consent of Shiny Cleaners, which may be withheld at its absolute discretion:
(a) Copy, republish, reproduce, duplicate, or extract Site Content;
(b) Redistribute, sell, rent, or license any Site Content; or
(c) Edit, modify, or alter the Site Content.
Certainly! Here’s the modified version of the specified section for the terms and conditions of Shiny Cleaners:
15.1. You must use this Website in a responsible and lawful manner and must not engage in any activity that:
(a) Violates any provision of the Terms;
(b) Infringes upon Shiny Cleaners’ or any third party’s intellectual property rights;
(c) Is fraudulent, illegal, or unlawful; or
(d) Causes disruption or impedes the availability or accessibility of the Website.
15.2. You must not use this Website to store, host, transmit, send, or distribute any material that includes:
(a) Spyware;
(b) Computer viruses;
(c) Trojans;
(d) Worms;
(e) Keystroke loggers; or
(f) Any other malicious computer software.
16.1. General Indemnity:
You agree to indemnify Shiny Cleaners, its affiliates, and their respective directors, officers, employees, and agents, on demand, against any claim, action, damage, loss, liability, cost, charge, expense, or payment which Shiny Cleaners may incur or become liable for, arising from any act or breach of the Terms committed by you.
16.2. General Limitation of Liability:
In no event shall Shiny Cleaners be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses resulting from:
(a) The contents, use, or reliance on Site Content;
(b) Any access, use, or inability to use the Website; or
(c) Any unauthorized access to or alteration of your transmissions or data.
16.3. Cleaning Services Liability:
To the extent permitted by law, Shiny Cleaners shall not be liable for any loss or damage, including personal injury, loss of life, or property damage, that you or any other person may suffer in connection with the offer or supply of the Cleaning Services or any default in supplying the Cleaning Services.
16.4. Information Accuracy:
You acknowledge that certain Site Content, such as blogs or comments made by other users of the Website (e.g., Ratings), is provided for informational purposes only. Shiny Cleaners does not warrant the accuracy of such information or your reliance on it. The Site Content is not intended to substitute or replace the advice of a qualified professional.
16.5. Acceptance:
By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are fair and reasonable.
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17.1. Use at Your Own Risk:
The use of this Website is at your own risk. The Site Content and everything provided on the Website are provided to you on an “as is” and “as available” basis, without any warranty or condition of any kind, whether express or implied.
17.2. No Express or Implied Representation or Warranty:
None of Shiny Cleaners, its affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors make any express or implied representation or warranty regarding the accuracy, completeness, reliability, suitability, or availability of the Site Content or the Website itself. Additionally, they do not make any representation or warranty as to the compatibility of the Website with your devices, or that the Website will be uninterrupted, secure, or error-free.
18.1. Severability:
If any provision of these Terms or the application of any provision is prohibited in any jurisdiction, it shall be ineffective only to the extent of that prohibition in that jurisdiction.
18.2. Validity:
If any provision of these Terms is void, illegal, or unenforceable in any jurisdiction, it shall 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.
18.3. Severance:
If a clause is deemed void, illegal, or unenforceable, it may be severed from these Terms without affecting the enforceability of the other provisions.
18.4. Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Melbourne for any disputes or claims arising out of or in connection with these Terms.