Terms and Conditions
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 and other (Website), collectively providing booking platform for customers and regular clients (Customers) to book their requested (Services) by choosing registered businesses (Providers) on the platform.
Book A Service Network Pty Ltd and its websites can take booking on behalf of Providers issue invoices to Customers collect payments on behalf of providers and pass on the payments to the registered providers.
Book A Service Network Pty Ltd is provider of booking platform only and not a service. The Customers are required to enter into two contractual agreements one with bookAservice construed in this Terms and Conditions and another with service provider.
DEFINITIONS
Headings are for convenience only and do not affect its interpretation or construction;
the singular includes the plural and vice versa;
references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
words importing a gender include other genders;
the word “person” means a natural person and any association, body or entity whether incorporated or not; where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
all monetary amounts are in Australian currency;
a reference to time refers to Eastern Standard Time;
“includes” is not a word of limitation; no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party
a reference to any thing is a reference to the whole and each part of it;
a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
Customer and Client and User: : Is an individual or legal entity registered on the site bookmycleaner.com.au bookAservice.net.au who chooses one or more services on the site bookaservice.net.au is a customer.
Provider: Business or Individual registered member on bookAservice for providing its service to requesting clients.
Business: Registered service providers
Quote: Provider to provide all information on pricing to clients for the purpose of offering the service.
You or your is the user of this booking website
User Profile: All information provided by you to us to enable to provide access
Booking System: Our website and all its features and content
Platform: Our website and all its features and content
Website Content: means all material, content and information made available on the website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.
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@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.bookaservice.net.au;print pages from the website www.bookaservice.net.au in its original form; anddownload 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; oredit, 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.
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 clause 16 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.