Service Agreement
THIS AGREEMENT is made on the date when the Annexure is received by the Customer.
BETWEEN: The Business – and – The Customer (collectively the “Parties”)
RECITALS
1.Book A Service Network Pty Ltd, trading name BookMyCleaner.com.au ABN: 52 601 657 032 (bookAservice) operates website platform www.bookmycleaner.com.au, www.bookaservice.net, www.bookaservice.net.au through which Customers can book different Businesses for various trades and Services.
2. The Businesses are independent services providers which are registered with bookAservice to provide its Services.
3. bookAservice or bookmycleaner.com.au does not offer Services itself but is a third party facilitator of the contracts between Customer and the Businesses. Accordingly, bookAservice can receive and confirm Customers requests for the desired Services, issue invoices on behalf of the Businesses and pass on payments to the Businesses.
4. Customers enter into two contractual relationships, the first contract being with bookAservice, governing the Customers’ access to and use of the website www.bookmycleaner.com.au, www.bookaservice.net.au (“Terms and Conditions on the website”). The second contract being this contract between the Customer and the Business for the provision of the Services (“Service Agreement”).
5. Through the Website, the Customer has requested and the Business has agreed to provide its registered Services in accordance with the terms and conditions of this Agreement.
THE PARTIES HEREBY AGREE:
1. Definitions and Interpretation
1.1 In the interpretation of this Agreement the following words shall have the following meanings unless the contrary intention is indicated:
“Business” means the person or entity named or unnamed as such in the Annexure;
“Service Agreement” means this agreement together with any schedules or annexures hereto, which may be amended from time to time in writing, as agreed to by the Parties;
“Address” means the address where the Booked Services are to be carried out as identified in the Annexure;
“Booking” means the reservation made on the Website for the Services to be carried out at the Scheduled Time and Address for the Duration Hours;
“Annexure” means the email received by the Customer confirming the Business or the email received by the Business confirming its acceptance of the Booking acting as an annexure to this Agreement;
“Services” means the Business’ Services to be undertaken by the Business as defined in the Annexure;
“Duration Hours” means the amount of hours that the Customer has booked the services of the Business as identified in the Annexure;
“Claim” shall mean any and all present and future claims, actions, demands and rights however arising out of, or in connection with the Services, including any claim for damages, complaint, action, suit, cause of action or proceedings, arbitration, debt due, cost and expense (including legal cost and expense), demand, verdict or judgment arising out of any provisions under statute, award, order or determination whether or not known at the date of this Agreement;
“Service Fee” means the fee (inclusive of goods and service tax, if applicable) for the Services charged on an hourly basis or fixed price, as advised by bookAservice from time to time;
“Payment Amount” means the amount payable by the Customer for the provision of Services by the Business as identified or unidentified in the Annexure;
“Products and Equipment” means the products and equipment required to effectively provide the Services;
“Business’ Services” means the standard services to be provided to the Customer by the Business in accordance with this Agreement, excluding any other unmentioned services
“Customer” means the person or entity named as such in the Annexure;
“Dollar” or “$” means Australian Dollars;
“Scheduled Time” means the time and date the Services are to be undertaken by the Business as identified in the Annexure;
“Website” means www.bookmycleaner.com.au, www.bookaservice.net.au and www.bookaservice.net and associated bookAservice mobile phone applications.
1.2 In this Agreement, unless the context otherwise requires:
(a) headings are for convenience only and do not affect the interpretation of this Agreement;
(b) words importing the singular include the plural and vice versa;
(c) words importing a gender include any gender;
(d) an expression importing a natural person includes any entity, partnership, joint venture, association, corporation and any Governmental Agency;
(e) a reference to a ‘Party’, ‘Plaintiff’ and/or ‘Defendant’ collectively refers to the respective entity and, without limitation, its directors, officers, members, employees and agents;
(f) a reference to anything (including, but not limited to, any right) includes a part of that thing;
(g) a reference to a part, clause, party, annexure, exhibit or schedule is a reference to a part and clause of, and a party, annexure, exhibit and schedule to, this Agreement and a reference to this Agreement includes any annexure, exhibit or schedule;
(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute.
(i) a reference to a document includes all amendments or supplements to, or replacements or notations of, that document;
(j) no provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision;
(k) a covenant of Agreement on the part of two or more persons binds them jointly and severally.
2. Booking
2.1. The Customer has made a Booking and agreed to pay the Payment Amount to the Business through the Website. No cash payments are to be made, and any cash provided to the Business is considered a tip.
2.2. The Business confirms that they are able to comply with the Booking, including the provision of its Services at the Scheduled Time and Address for the Duration.
3. Business’ Obligations
3.1. In providing its Services to the Customer, the Business shall:
(a) undertake its Services with acceptable care and skill;
(b) take all necessary steps to avoid any loss and/or damage to the Customer’s property;
(c) deliver its Services in a manner, to the greatest extent possible, which gives the desired results as agreed by the Parties;
(d) utilise the Duration Hours effectively and efficiently in providing its Services; and
(e) deliver its Services in accordance with the Booked Services.
3.2. The Services will be deemed to have been performed and accepted in accordance with this Agreement, if the Customer does not, as soon as practicable, but no later than 24 hours after the completion of the Service, advise bookAservice that the Services were not performed to an acceptable standard. bookAservice shall immediately pass on any complaints to the Business, if the Customer has not already reported the deficiency to the Business. Failure to make contact within 24 hours means bookAservice is unable to assist with a resolution.
3.3. If the Business has performed the Services unsatisfactorily, the Business and the Customer agree to negotiate in good faith to reach an agreement on the reduced time or payment. bookAservice will facilitate the investigation of the Customer complaint and negotiation for a dispute resolution. The Customer must provide photos of the unsatisfactory areas to bookAservice within 24 hours.
3.4. If for any reason, the Business leaves the Address prior to the scheduled end of the Duration Hours, the Business must notify bookAservice as soon as practicable. If the customer allows the Business or requests that the Business personnel leave before the end of the booked time the Customer will pay for the booked duration with no time reductions.
3.5. If the Business does not complete its Services within the Duration hours, it must notify bookAservice immediately that the Services were not completed and the reason for non-completion. bookAservice, acting reasonably, will assist the Parties to determine whether the Booking should be extended, or a new Booking should be made. If the Parties cannot agree, the Business should leave the Address at the scheduled end of the Duration.
3.6. Statutory entitlements of the Customer against the Business over and above the right to a resupply of the Services remain unaffected.
3.7. The Business should provide all Products and Equipment except where Customer has chosen to supply the Products and Equipment.
3.8. Where Cleaning Services are provided they are not ‘end of lease’ cleaning services and while the services provided will be to an acceptable standard, they will not be of the nature of an end of lease clean.
4. Customer’s Obligations
4.1. The Customer shall do all things necessary to enable the Business to efficiently perform its Services in accordance with the Booking.
4.2. The Customer shall provide the Cleaning Products and Equipment if they have chosen to do so at the time of Booking.
4.3. The Customer shall do all things necessary to provide a safe workplace for the Business.
4.4. The Customer acknowledges that if more than one person provides the Services under the Booking, the Duration Hours will be divided by the number of persons providing the Services.
For example, if the Duration of a Booking is two (2) hours and the Business provides a team of two (2) persons to provide the Services under the Booking, the Duration Hours will be divided by the number of persons in the team providing the Services (so in this example, the Duration Hours will be reduced from 2 hours to 1 hour).
4.5. The Customer should notify bookAservice of any damage caused by the Business to the Customer’s property as soon as practicable, but no later than 24 hours after the completion of the Services. The customer agrees to only book bookAservice for the standard package and extra’s available through the site.
4.6. bookAservice doesn’t perform end of lease cleans and they are not to be booked through the bookAservice platform.
5. Payment
5.1. The Customer agrees that upon the successful booking of the Service, bookAservice, on behalf of the Business will effect the automatic debit of the Payment Amount to the Customer’s nominated payment method in accordance with the Website Terms and Conditions.
5.2. bookAservice will issue the Customer with an invoice in the Business’ name.
5.3. Customer payments to bookAservice are processed via an overseas gateway and from time to time, financial institutions or payment providers may charge Customers an additional fee for transacting with bookAservice. If this occurs, the bookAservice customer care team, will at the request of the Customer, arrange a refund for this fee.
6. Changes and Cancellations
6.1. The Customer can cancel or amend a Booking on the Website through the customer profile, free of charge, up to 48 hours before the Scheduled Time.
6.2. If the Customer cancels or amends a Booking within 24 hours before the Service is scheduled to begin, they will have to pay cancellation costs equivalent to the total Service Fee.
6.3. The Booking cannot be amended, extended or cancelled during the performance of the Services, unless a determination has been made pursuant to clause 3.5.
6.4. The Customer acknowledges and agrees that if the Business is unable for any reason to perform its Services, the Services may be performed by another Business pursuant to the Website Terms and Conditions.
6.5. Any fortnightly or other recurring booking cancelled after the first service will be retroactively charged the one-time rate and any reduced rates charged on the basis of the recurring booking will not apply.
7. Refunds
7.1. Should the Customer be entitled to a refund as a result of a breach of this Agreement by the Business, the refund will be limited to the Payment Amount.
8. Termination
8.1. A Party can immediately terminate this Agreement, if the other Party breaches any material term of this Agreement.
8.2. This Agreement shall terminate immediately once both Parties have fulfilled their obligations under this Agreement.
9. Force Majeure
9.1. If, by reason of any event of Force Majeure which was outside the control of a Party resulting in the delay in, or prevention from, performing any of the provisions of this Agreement:
(a) then such delay of performance shall not be deemed to be a breach of this Agreement;
(b) no loss or damage shall be claimed by a Party from the other by reason thereof; and
(c) the Parties shall use their best endeavours to minimise and reduce any period of suspension occasioned by any event of Force Majeure.
9.2. An event of Force Majeure shall mean and include fire, flood, casualty, lock out, strike, labour condition or industrial action of any kind, unavoidable accident, national calamity or riot, disease, act of God, the enactment of any act of Parliament or the act of any legally constituted authority, any cause or event arising out of or attributable to war or any other cause or event (whether of a similar or dissimilar nature), outside the control of the Parties.
10. Assignment
10.1. Neither Party shall be entitled to assign and/or transfer their respective rights and/or obligations under this Agreement without the prior written consent of the other Party.
11. Dispute Resolution
11.1. Neither Party shall start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (“Dispute”) unless it has complied with this clause.
11.2. A Party claiming that a Dispute has arisen must give notice to the other party to this Agreement specifying the nature of the Dispute (“Dispute Notice”).
11.3. During the fourteen (14) day period after a Dispute Notice is served (or any longer period agreed in writing by the Parties), each Party must use its best efforts to resolve the Dispute.
11.4. If the Dispute is not resolved following the expiration of the fourteen-day period pursuant to clause 12.3, the Parties must endeavour to jointly engage a Mediator and endeavour to agree on the Mediator’s terms of engagement.
11.5. If the Parties fail to agree on the engagement of a Mediator and/or the Mediator’s terms of engagement within twenty-five (25) days of service of a Dispute Notice, either Party may apply to a local body of accredited mediators to appoint a Mediator and determine the terms of the Mediator’s engagement.
11.6. Any information or documents disclosed by either Party under this clause:
(a) is on a without prejudice basis;
(b) must be kept confidential; and
(c) may not be used except to attempt to resolve the Dispute.
11.7. Each Party must bear its own costs of complying with this clause, and the Parties must bear equally the costs of any mediator engaged under clauses 12.4 or 12.5.
12. General Provisions
12.1. Time is of the essence in the performance by the Parties of their obligations under this Agreement. 12.2. This Agreement must not be amended except by an instrument in writing signed by each of the Parties to this Agreement.
12.3. The Parties acknowledge that this Agreement constitutes the entire Agreement and understanding of and between the Parties and that there are no other representations, promises, warranties, covenants, undertakings, terms or conditions, whether oral or in writing, in relation to the subject matter of this Agreement of any force or effect unless contained in this Agreement.
12.4. All notices, demands and other communications between the Parties for the purposes of this Agreement shall be in writing and addressed to the Party’s address stipulated in this Agreement.
12.5. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
12.6. This Agreement may be executed in any number of counterparts and all such counterparts when executed and taken together will constitute this Agreement.
12.7. No right under this Agreement is deemed to be waived except by notice in writing to that effect signed by each party.
12.8. No waiver by any party to this Agreement of a breach by any other party shall be construed as a waiver of any subsequent breach.
12.9. This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia
TERMS AND CONDITIONS
Access to and use of this Website is governed by these Terms.
BookMycleaner.com.au and bookAservice periodically reviews the Terms and reserves the right to change the Terms, we update these terms and conditions without any notice to you. You should review this document, as available on our website, regularly as any changes to the terms and conditions take immediate effect from the date of the publication on this document. Your continued use of the website after any such changes are made will be deemed to establish your acceptance of those changes.
You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on this website (“Third Party Sites”) are not controlled by us and do not form part of this website. You agree that you will not hold bookAservice liable or in any way accountable for anything that occurs on any other sites as result of your redirection.
ACCEPTANCE
By accessing or using the website you expressly agree to be bound by these Terms, and you agree that these Terms shall apply to all Services that you book on our website.
you may not accept the Terms or access the Platform if:
you are not of legal age to form a binding contract with bookAservice; or
you are a person barred from entering into contracts under legislation, in which case, you must immediately leave the website.
By accepting the Terms and Conditions, you agree that this is clear and unequivocal proof that the Terms and Conditions 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 and Conditions.
If you do not understand any part of the Terms and Conditions you should seek independent legal advice.
USER, CLIENT, MEMBER PROFILE
You will be required to register your personal information, including your name, address, phone number and payment details on the webite in order to make a Booking (“User Profile”).
You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the website and the Booking System will be true and accurate at all times.
bookAservice may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
BOOKING SYSTEM & WEBSITE
You may request a Booking via our Booking System. You will receive a Booking confirmation, a payment receipt and the Services Agreement that constitutes the contractual relationship between you, bookAservice as a technology provider and a Business as a service provider that you are deemed to have entered into for the provision of the Services.bookAservice will then make your contact details, location, requested time and the scope of the Service available to its Business network. An available Business will then confirm its acceptance of the Booking.You are able to request a preferred Business. bookAservice will take your preference into account when facilitating the Service, however a specific Business cannot be guaranteed and will depend on the Business’s availability.When a Booking is confirmed by a Business, bookAservice will notify you.If the requested Business cannot fulfill your Booking bookAservice will arrange an alternative Business for the requested Booking time.If the requested Booking cannot be facilitated, bookAservice will arrange an alternative time for the Service with you and a Business.You are not permitted to engage the Services of a Business other than through the Booking System on our website.The Booking System is provided on the website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System. bookAservice has the right at any time to add, change or withdraw functions available on the Platform at its own discretion.
PRICES AND ESTIMATES
You acknowledge and agree that the price quoted for your Booking is an estimate only (“Estimate”), and the actual price charged may vary depending on the type and scope of work/services needed. After the Business has arrived at your home/premises, the Business will further assess the problem or work to be performed. If the Business determines that the work required is greater than what was initially contemplated, the Business will advise you and generate a new estimate reflecting the increase in scope of the Services. If you approve the revised estimate, the Business will complete the work. If you do not approve, the Business will take reasonable efforts to complete some or all of the work specified on the original Estimate, the pricing for which you had previously agreed to, or, if the Business is unable to do so, the Booking shall be deemed cancelled.
PAYMENTS & GATEWAY
You agree that at the time of the first Booking, your payment details will be transferred to bookAservice secure payment gateway. Upon the successful Booking, bookAservice will take payment for the Booking. 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.If you are making a recurring Booking, your payment details will be transferred to bookAservice secure payment gateway 48 hours prior to the scheduled Services in the recurring booking, bookAservice will take payment for the 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.On receipt of the Service Fee, bookAservice will hold the Service Fee on behalf of the Business until such time as it accounts to the Business, 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 bookAservice to you or the Business on amounts held by bookAservice. bookAservice will issue you with a receipt for your payment of the Service Fee. You may request for a Tax Invoice and bookAservice will provide you with a Tax Invoice for the Services rendered by the Business within a reasonable time of your request. If the User is entitled to a refund in accordance with the Services Agreement, bookAservice will process the refund as soon as practicable after the right to the refund arises.
CHANGES AND CANCELLATIONS POLICY
You can cancel or amend a Booking free of charge, up to 24 hours before the Service is scheduled to begin. If you cancel or amend a Booking within 24 hours before the Service is scheduled to begin, you will have to pay cancellation costs equivalent to the value of the total booking fee. You cannot amend, extend or cancel a Booking during the performance of the Services.The Services Agreement shall expire once the Services under the Booking have been performed. If the Business is unable to fulfil a confirmed Booking (in full or part), bookAservice will attempt to find you a replacement Business. If we cannot find you an alternative Business, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
SERVICES
bookAservice & BookMyCleaner.com.au operates the Platform through which you may arrange and book the provision of the Services by a Businesses under the Service Agreement and bookAservice provides you with the platform to purchase these Services. You acknowledge that bookAservice does not provide the Services to you in any circumstances and the Businesses are not employed or subcontracted by bookAservice or any of its affiliates. bookAservice is not an agent or broker for you. You enter into any transaction, including any Services Agreement with a Business, entirely at your own risk. bookAservice monitors the Services offered by a Business. However, bookAservice does not guarantee or make any representation as to the safety, quality, condition or description of any products used or Services provided by Business. Any issues regarding safety, quality, condition or description should be notified to bookAservice, who will then pass the issue onto the Business designated to your Booking. You should refer to the terms and conditions of your Services Agreement for further information. All bookings are subject to Business availability.
AGREEMENT TERMINATION
bookAservice may at its discretion terminate your use of, or access to, the Platform at any time. If this happens we may notify you by email. If your use of the Platform is terminated: you are no longer authorised to access the Platform or use any other bookAservice services with the email address you used to register with the Platform or any other email address you possess; you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and all licences granted by you and all disclaimers by bookAservice and limitations of bookAservice liability set out in the Terms and Conditions or elsewhere on the Platform will survive termination. You may terminate this agreement by emailing bookAservice at admin@bookmycleaner.com.au, admin@bookaservice.net.au bookAservice will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile bookAservice reserves the right to deduct any outstanding fees and charges owing to bookAservice and/or the Business on your User Profile prior to disabling it.
DISPUTE RESOLUTION POLICY
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at admin@bookmycleaner.com.au or admin@bookaservice.net.au. You agree to make the circumstances of any dispute known by notice in writing to this email address before taking any other action. In the unlikely event that bookAservice is unable to resolve a complaint you may have (or if bookAservice has not been able to resolve a dispute it has with you after attempting to do so), you agree to resolve any claim, cause of action or disputes you have with bookAservice arising out of or in relation to these terms and conditions exclusively in the courts exercising jurisdiction in the state of Victoria and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. bookAservice welcomes any feedback, comments and complaints you may have in respect of the Services and the Businesses, however, you acknowledge the Business is the sole provider of the Services.
SECURITY OF PAYMENT
bookAservice has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. bookAservice 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 unauthorised access to your information.
PRIVACY POLICY
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. bookAservice collects and stores Personal Information you enter into the User Profile. Personal Information collected by bookAservice will be maintained in accordance with our Privacy Policy available at www.bookAservice.net.auYou agree that bookAservice will disclose your Personal Information, including your name and address to the Business in order for the Business to carry out the Services. Both parties must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.
INTELLECTUAL PROPERTY & WEBSITE
The Platform Content is protected by copyright and bookAservice reserves all Intellectual Property Rights which may subsist in the Platform Content and/or the Platform. By accepting the Terms and Conditions, you are granted a non-exclusive licence to: view the website at www.bookmy cleaner.com.au, www.bookaservice.net.au; print pages from the website www.bookmy cleaner.com.au www.bookaservice.net.au in its original form; and download any material from the website www.bookaservice.net.au for caching purposes only. You must not, without bookAservice prior written consent which may be withheld at its absolute discretion: copy, republish, reproduce, duplicate or extract Platform Content; redistribute, sell, rent or licence any Platform Content; or edit, modify or vary the Platform Content.
ACCEPTABLE USE OF WEBSITE
You must not use, or cause this Platform to be used, in any way which:breaches any of these Termsinfringes bookAservice or any third party’s Intellectual Property Rights;is fraudulent, illegal or unlawful; orcauses impairment of the availability or accessibility of the Platform.You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:spyware;computer viruses;Trojans;worms;keystroke loggers; orany other malicious computer software.
INDEMNITY AND LIABILITY
General indemnity
You agree to indemnify bookAservice, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which bookAservice 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 and Conditions. In addition bookAservice reserves the right to charge Business Service Provider a fix amount of $3,000 should Business Service Provider cause and continue to service customer in the interest to avoid paying booking fee.
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 Platform Content or otherwise in connection with the Platform.
Services Liability
To the full extent permitted by law, bookAservice 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 a Business or the offer or supply of (or default in supplying) the Services.
Information Accuracy
You acknowledge and agree that some of the Platform Content may be provided by way of blogs or comments made by other users of the Platform, and that bookAservice does not accept any responsibility or make any representation for the accuracy of such information or your reliance on the same. The Platform Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
Acceptance
By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this Terms and Conditions are reasonable.
WARRANTIES AND REPRESENTATIONS
The use of this Platform is at your own risk. The Platform Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or representation of any kind. None of bookAservice affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Platform Content or Platform
GENERAL PROVISIONS
Any provision of, or the application of any provision of these Terms and Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition. 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. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Victoria and you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.
GIFT VOUCHER BOOKINGS
Gift Vouchers may only be used to make Bookings with bookAservice and cannot be returned or exchanged for cash. Bookings must be made in advance and are subject to availability. The Gift Voucher must be specified at the time of making the Booking. Gift Vouchers may only be redeemed for Bookings for Services in geographic areas which are serviced by bookAservice at the date of redemption. To check service coverage please email admin@bookaservice.net.au or call 1300 277 029.
GIFT VOUCHER USE AND EXPIRY
No change is given and any balance that remains on the Gift Voucher can be used in whole or part against future purchases from bookAservice. Gift Vouchers expire six (6) months after issue and it is up to the recipient to use the full value before expiry date. Any balance that remains on the Gift Voucher after expiry will not be available for use, refunded or credited.Cash will not be given for any unused balance. If purchase exceeds available Gift Voucher balance, the recipient must make up the difference with another payment method.Promotional Offers and Promotional Codes cannot be used in conjunction with Gift Certificates.
GIFT VOUCHER EXCHANGE & TRANSFER
Gift Vouchers can be exchanged for another Service of equal or lesser value. If you exchange your voucher for a Service of lesser value, any remaining balance will be held on credit on your bookAservice account and subject to the same expiry date as the original voucher. If you exchange for a Service of higher value, you will be required to pay the difference. Exchange does not apply to Gift Vouchers for a set dollar value.All valid and unused Gift Vouchers are fully transferable. You are liable for all transactions on your Gift Voucher except to the extent to which there has been fraud or negligence by us or any of our employees. bookAservice accepts no responsibility for any stolen or fraudulent Gift Vouchers. It is the holder’s responsibility to ensure the safe keeping of the Gift Voucher(s).If an bookAservice Gift Voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them. Conditions for replacement of lost Gift Vouchers:The voucher is still valid and has not yet been exchanged or used.Proof of purchase is required; either an Invoice Number, purchaser’s full name or purchaser’s email address.bookAservice is able to correctly verify you as the original recipient.Please note it is the voucher recipient’s responsibility to obtain and provide bookAservice with all required verification details. Failure to do so will mean no replacement voucher can be issued.
GIFT VOUCHER DELIVERY VIA EMAIL bookAservice is not liable or responsible for any loss suffered as a result of a Gift Voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Voucher, please contact us immediately on 1300 277 029 to send vouchers to an alternative email address.
