Qing's Cleaning Terms

Qing's Cleaning is pleased to make its Service, as described below, available to you on the following terms and conditions. The Terms of Service are a legal contract between the individual using the Service ("you") and Qing's Cleaning( "we," "us," or "our"). As referenced in this agreement, "Site" means the website operated by the Qing's Cleaning and currently located at www.qingscleaning.com.au, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms "Qing's cleaning" or "Service" mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an "App"), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Qing's Cleaning.

By using the Service, you: 

1. acknowledge that by accessing or using the Service, you agree that you have read, understood, and agree to be bound by the Qing's Cleaning Terms of Service (the "Terms" or "Terms of Service") as updated from time to time, which govern your use of the Service. You may use the App and the Service only as set forth in these Terms; 

2. consent to the collection, use, sharing and transfer of your data, including, but not limited to, location data, as outlined in our privacy policy (available athttp://www.qingscleaning.com.au/privacy) as updated from time to time, which is incorporated within these terms by reference; 

1. Terms Governing Service Use 
Your access to and use of the Service is expressly conditioned on your agreement to and compliance with these Terms. You agree that by browsing, clicking in or accessing the site that you have read these Terms and agree to be bound by them. 

2. The Qing's  Cleaning Platform 
Qing's Cleaning is a platform for connecting persons who are looking to engage external self-employed cleaners to clean their property (each a "Clean"), and self-employed cleaners that are part of Qing’s network of cleaners (each an "QC") that may be available to perform such Cleans. The Qing's Cleaning reviews written applications, interviews each QC in person and performs previous employment reference checks on each QC, but the Qing' Cleaning does not and cannot guarantee the accuracy or completeness of any background check or that a particular QC is qualified to perform a particular Clean, as it is solely the responsibility of each QC, and not the Qing's Cleaning, to determine whether they are qualified and capable of completing a particular Clean. Even when accurate, reference checks do not necessarily predict future behaviour of an QC. When you book a Clean or deal with an QC, you should ensure that you use common sense and caution to ensure protection of you and others’ personal property and safety, including by supervising QC’s as you would supervise anyone who provided a service to you that you did not know. 

3. Fees 
When you make a Clean booking, the  Qing' Cleaning will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Clean ("Fees"). Fees for Cleans are non-refundable (unless at least 48 hours notice of cancellation has been provided) and will be charged to you in accordance with the  Qing' Cleaning pricing schedule in force at the time a Clean is requested, which the  Qing' Cleaning may update from time to time on a going-forward basis. You are liable for any and all taxes (other than taxes based on the  Qing' Cleaning income) related to the Cleans performed by QC's.

The Qing' Cleaning will charge you for Cleans through the payment method specified in your account (e.g. a credit card or debit card). If you pay any applicable Fees with a credit card, the  Qing' Cleaning may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Clean. You authorise such credit card account to pay any amounts described herein, and authorize the  Qing' Cleaning to charge all sums described herein to such credit card account. You agree to provide the  Qing' Cleaning updated information regarding your credit card and account upon the  Qing' Cleaning request and any time the information earlier provided is no longer valid. 

4. SMS Messaging 
When you sign up for the Service, the  Qing' Cleaning may need to send you SMS Messages in order to confirm your phone number or keep you informed about your Clean an QC may be performing for you. Some of these messages may be necessary for the fulfilment of the Service and cannot be opt-ed out of. Depending on your current phone carrier plan, you may incur Fees for these SMS Messages, and agree to not hold the  Qing' Cleaning liable for any Fees incurred. 

5. Feedback 
You may provide the  Qing' Cleaning with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the "Feedback"). Feedback provided to the Qing' Cleaning may be used by the  Qing' Cleaning to improve the Service, and accordingly, you hereby grant the  Qing' Cleaning a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction. 

6. Privacy 
Our Privacy Policy (a current copy of which may be viewed at http://qingscleaning.com.au/privacy) is hereby incorporated into the Terms by reference. Please read this policy carefully for information and notices concerning our collection, use, and disclosure of certain information we receive when you register for, use, or access the Service. You hereby agree to abide by our Privacy Policy and to stay informed of any changes to the posted policy. 

7. Notifications; Modification of Terms 
We may provide notices to you either by posting them on the Site or by email to the address you provided when you registered for an account. All notices are effective upon posting or when sent. Additionally, we may modify the Terms of Service and/or our Privacy Policy at any time by posting the modified version on the Site or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service or Privacy Policy (as applicable), but solely on a going forward basis. Material changes to the Terms will automatically become effective, on a going forward basis, thirty (30) days after they are posted to the Site or sent to you via email. 

8.  Qing' Cleaning Property 
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the  Qing' Cleaning and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the  Qing' Cleaning or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the Australia and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service. 

The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. The  Qing' Cleaning owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the  Qing' Cleaning. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service. 

9. Insurance
The  Qing' Cleaning has a $5,000,000 public liability policy with Aviva (the “Policy”). The Policy covers each QC when they are in your property and covers liability towards any bodily injury to QC’s when they are in your property and any accidental damage to your property. The Policy does not however cover any act of theft. The Policy includes a £250 excess in relation to any claim for accidental damage to property and this will be for your account, not the  Qing' Cleaning.

10. General Prohibitions 

You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or there) use of the Service: 

1. circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Service; 

2. engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; 

3. copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement); 

4. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; 

5. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures; 

6. access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the  Qing' Cleaning or other generally available third party web browsers; 

7. send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection; 

8. in any way use the Service to send altered, deceptive or false source-identifying information; 

9. decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; 

10. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service; 

11. impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity; 

12. use the Service in violation of the  Qing' Cleaning or any third party's intellectual property or other proprietary or legal rights; 

13. use the Service in violation of any applicable law or request that an MC provides a service which would violate applicable law; or 

14. upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party. 

15. Termination of Use; Discontinuation and Modification of the Service

If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the  Qing' Cleaning or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at support@qingscleaning.com.au 

16. Cancellation Policy 

17.1. If you wish to cancel your Clean, a minimum of 24 hours’ notice of cancellation is required. Notification must be by email to support@qingscleaning.com.au .com. We reserve the right to levy a £15 charge to cover any subsequent administrative expenses. 

17.2. If you have used a voucher for a free clean promotion and subsequently cancel your cleaning subscription before three cleans have occurred then the cost of the original clean (that was free pursuant to the terms of the voucher) will be debited from your account. 

18. Indemnity 
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the  Qing' Cleaningand its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the  Qing' Cleaning Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the  Qing' Cleaning has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any QC or third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You will not, in any event, settle any claim or matter without our written consent. 

19. Use of the Service Is Entirely At Your Risk 
You expressly understand and agree that your use of the Service is at your sole risk and that the service is provided "as is" and “as available”. The  Qing' Cleaning expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law. 
When you use the Service to request and have an QC perform a Clean, you understand and acknowledge that no QC has any authority to make any amendments to these terms and that any statements, representations, or warranties made by an QC or any third party are disclaimed by the  Qing' Cleaning and do not expand or otherwise modify these terms. Apart from the fact that the  Qing' Cleaning interviews each QC and performs two previous employment reference checks (all based on the identification information provided by each QC) the  Qing' Cleaning makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Services provided by an QC. 

20. Limitation of Liability and Release 
To the extent permitted by applicable law, the Qing' Cleaning disclaims all liability to you in connection with the  Qing' Cleaning performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by the  Qing' Cleaning negligence, the liability of the  Qing' Cleaning under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fees paid by you to the Qing' Cleaning in the last six months under these Terms and Conditions. 
Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the  Qing' Cleaning and you. 

21. Governing Law; Venue 
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of New South  Wales as they apply to agreements entered into and to be performed entirely within New South  Wales  by Australian residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and  Qing' Cleaning agree to submit to the personal and exclusive jurisdiction of the courts located within Australia and New South  Wales for the purpose of litigating all such claims or disputes. 

22. General 
The Terms of Service, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and the  Qing' Cleaning regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms of Service at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. 

23. Liability 
Our liability to you in respect of the Cleans will not exceed the total price paid by you for the Cleans, whether such cause of action is brought in contract, tort, warranty or otherwise. 
Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence. 

24. Events beyond our control 
We shall have no liability to you for any failure of the QC's to perform the Cleans you have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our QC's, flood, fire, explosion, acts of terrorism or accident. 

25. Miscellaneous 

26.1 Invalidity 
If any of the terms of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions which shall remain unaffected. 

26.2 Privacy 
When you book a Clean, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy at qingscleaning.com.au/privacy. 

26.3 Entire Agreement 
These Terms and Conditions, together with the Conditions of Use and Privacy Policy set out the whole of our agreement relating to your use of this Website and the supply of the products ordered by you via this Website. 

26.4 Third Parties 
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. 

26.5 Governing law and jurisdiction 
Any matter arising from or in connection with these Terms and Conditions shall be governed by and construed in accordance with Australia law and the Australia courts shall have jurisdiction to resolve any disputes between us. 

26.6 Contact Information 
If you have any questions regarding the Terms of Service or the Service, please contact us at support@qingscleaning.com.au 
or by mail at: 
We Are Qing's Cleaning
188/323-325 Forest Rd
Hurstville N.S.W 2220

 

1300 736 525