Terms & Conditions
1. INTRODUCTION
a) These terms and conditions (Terms) govern your use of the Cleancloud app and the use of Our Services through the app (Platform). The Platform connects people, like you (Customers, to launderers who provide laundry and linen hire Services
b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, and us, AUSTRIBE Group ABN 76 632685075) trading as Austribe Laundry
2.
c) Capitalised words and phrases used in these terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).
d) We may use Google Maps/Earth mapping services or any other mapping service provider, including the mapping service provider’s API(s). Your use of Google Maps/Earth or any other mapping service provider is subject to that mapping service provider’s terms and conditions.
3. WHO MAY USE OUR SERVICES
a) In order to use Our Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access our Services if these facts are not true.
b) If you use Our Services on behalf of a company or organisation you acknowledge and agree that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
4. OUR SERVICES
a) In these Terms:
i) “Our Services” means the services we provide to Launderers and Customers (collectively, Users) through the Platform; and
ii) “Laundry Services” means the services provided to Customers introduced to Launderers via the Platform, including pickup and delivery, laundry and Linen Hire services.
b) You acknowledge and agree that the Platform is merely a medium that facilitates the introduction of Customers, like you and Launderers.
c) You acknowledge and agree that our legal relationship is limited to our provision and your receipt of the Platform and Our Services.
d) You will have the sole responsibility for any obligations or liabilities to Launderers or other third parties that arise from you obtaining Laundry & Linen Hire Services.
e) We do not provide any laundry services and do not have any obligations or liabilities to you or Launders in connection to the Laundry Services or any agreements you and the Launder may enter into. We will only accept liability for Our Services on the provisions of these Terms. You are liable for the Laundry Services you agree to obtain from Launders on the Platform.
5. ACCOUNTS
4.1 APPLYING FOR AN ACCOUNT
a) To join the Platform as a Customer, you will need to apply for an account (Account).
b) As part of the Account application process and your continued use of the Platform, you will need to provide personal information and details, such
as your email address, first and last name, a secure password, address, contact number, and other information as determined by us from time to time.
c) You warrant that any information you give to us will always be accurate, honest, correct and up-to-date.
d) Once you complete the Account application process, we may, in our discretion, choose to approve you as a Customer on the Platform.
4.2 ACCOUNT RULES AND YOUR OBLIGATIONS
You acknowledge and agree:
a) that if we have approved your Account, to not share your Account with any other person and that any use of your Account by any other person is prohibited. Please immediately notify us of any unauthorised use of your Account, password or email, (or any other breach or potential breach of the
Platform’s security);
b) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
c) not to use the Platform for any purpose other than for using Our Services and obtaining Laundry Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
d) not to make any automated use of the Platform
e) not to copy, reproduce, translate, adapt, vary or modify the Platform;
f) not to act in any way that may harm our reputation or associated or interested parties or do anything at all contrary to our interests or the Platform;
and
g) that we may change any features of the Platform or Our Services at any time without notice to you.
4.3 SUSPENSION AND CANCELLATION OF ACCOUNT
Without limiting any other provision of these Terms, we may, in our discretion, cancel your Account for any reason, including for any failure by you to comply with these Terms.
6. THE PLATFORM
5.1 CREATING A JOB
a) Once we have approved you as a Customer on the Platform and provided you with an Account, you will have access to the Platform.
b) You can then create a request for Laundry Services (Job) through the Platform.
c) When you create a Job you will be asked to provide details about the Job including:
the Laundry Services you require;
pick up address (Job Address);
pick up day (Job Day);
if applicable, the number of bags
if applicable, any items for dry cleaning, ironing, bedding etc; and
any special instructions.
d) Some of the details may be prefilled using information from your Account however this can be changed.
e) Once your Job is created, it will then be directed to a Launderer who can then accept or reject the Job.
f) If your Job is rejected by your Launderer then your Job may be cancelled. If your Job is cancelled, you will not be charged for the Job.
5.2 PICK UP
a) Once a Launderer has accepted your Job, the Launderer will pick up your Job from the Job Address on the Job Day requested. The Pickup and Delivery
service is a genuinely free service run at the Launderers’ expense so the Launderers are empowered to run the routes at the most convenient and cost efficient way for them, without the need to commit to a specific time on that Job Day.
b) We cannot guarantee that a Launderer will pick up your Job on the Job Day and we will not be liable to you for any loss or damage that arise from a
Launderer not picking up your Job on the Job Day or at a specific time.
c) Please ensure you will be available for the Launderer to pick up your Job from the Job Address on the Job Day. If you will not be available, please contact the Launderer as soon as possible to reschedule the Job Time, prior to their arrival at the Job Address.
d) If you will not be available on the Job Day please leave your Job in a suitable, secure location so that the Launderer or their employed Driver can Pick Up your Job without you being present.
e) The Pick Up and Delivery Service is a free service provided at the Launderer’s expense. Where a Launderer, or one of their Drivers, have arrived
at a booked location yet have Failed to pick up as requested then we reserve the right to charge a $15 fee to cover the associated costs of that Failed pick up. We track all Drivers and consider their arrival at the Job Address proof enough of their attempt.
f) Where a Job has been Failed another mutually agreeable Pick Up day can be organised directly with the Launderer however this is unlikely to be on the
same day as the original Pick Up Day.
5.4 LAUNDRY WASH AND SPECIAL INSTRUCTIONS
If your job includes any coloured items, have them separated as Austribe Laundry will not be liable for any Laundry that gets damaged in the process.
b) Any change to price must be negotiated prior to Pick Up. Therefore, your approval to be charged the price advertised within the app is considered implied and will be adjusted by the Launderer and charged accordingly without the Launderer seeking additional approval from you.
c) If your Job includes special instructions, let the Launderer know of these special instructions within the Notes section of the app. If a special instruction applies for a specific item, please keep this item separate from any other items that are part of a Job.
5.5 IRONING OR PRESSING
a) Any change to price must be negotiated prior to Pick Up. Therefore, your approval to be charged the price advertised within the app is considered implied and will be adjusted by the Launderer and charged accordingly without the Launderer seeking additional approval from
you.
b) Where you incorrectly enter these items wrongly or the linen do not match what has been presented, this will be adjusted by your Launderer and charged according to the advertised price, without seeking additional approval from you.
5.6 ITEM COUNT
Any time that orders are booked on a per item basis where the number of items have been incorrectly accounted for within the Job; the number of items and subsequent charges will be adjusted by the Launderer without the Launderer seeking prior approval from you.
5.7 DELIVERY
a) Once the Launderer has finished the Job, they will drop off your Job at the Job Address.
b) It is your responsibility to ensure that the delivery address entered into the app, either automatically prefilled or manually entered, is correct. Neither Laundry Point nor its Launderers are in any way liable for items delivered to an address that was incorrect at time of booking if they were not subsequently notified of the error by the customer.
c) It is your responsibility to ensure that you are available at the Job Address for receipt of the Job on the day that is booked or mutually agreed, or that there is a suitable location for the Launderer to leave the Job unattended. If your Job was left out for Pick Up then your approval to leave the Job at the same location at Delivery is considered implied.
d) Neither we nor your Launderer can be held responsible for anything that happens to your Job after delivery and will not be liable to you for any of your items being lost, damaged or stolen from that moment on. The Launderer or their Driver will take photo evidence of the job delivered for verification purposes and this photo shall be available upon request.
e) Where a Launderer, or one of their Drivers, have arrived at a booked location yet have been unable to deliver for whatever reason as requested then we reserve the right to charge a $15 fee to cover the associated costs of that Failed delivery and subsequent redelivery.
f) Where a Job has been Failed another mutually agreeable Delivery Day can be organised directly with the Launderer, although this is unlikely to be on the same Day of the initial Failed Day as the Job needs to arrive back at the plant for redelivery and the Launderer must be allowed to find efficiencies within their Route. Where a Failed Delivery Day was on a Friday there are no assurances provided that redelivery will be made prior to Monday.
5.8 INFORMATION FOR JOBS
a) Please ensure you provide accurate and complete details when creating a Job.
b) Launderers accept a Job based on the information provided by a Customer when they create a Job. Launderers are under no obligation to check that the items you have provided for a Job, accurately or completely match with the information provided for that Job. For example, if you create a Job for Wash, Dry & Fold, the Launderer is under no obligation to check that the items provided are suitable for this service. It is your responsibility to ensure any items provided for a Job you create are suitable for the Laundry Services that you have requested. Neither we nor our Launderers will be liable to you for any loss or damage (including any costs to repair any damaged items, costs to replace any damaged or lost items or costs to perform any additional services) that arise from you obtaining any of our Laundry Services.
c) Where necessary, Complaints and Disputes shall be resolved as set out in Clauses 10 and 11.
5.9 PRICES
The Platform automatically applies a default price when you create a Job. You may however change this price by contacting us.
6. FEES AND PAYMENT
6.1 GENERAL
a) Unless otherwise indicated, all prices exclude GST.
b) We reserve the right to charge credit card surcharges if payment is made using a credit, debit or charge card (including Visa, MasterCard or American
Express).
6.2 PAYMENT
a) Our Payment Terms are strictly by credit card charge upon receipt of the Job and final confirmation by the Launderer of the correct price of the Job, but
prior to processing and/or Account holders can obtain an invoice in which payment should be made within 7 days of receipt of invoice,
b) We reserve the right to halt processing until payment has been received in full. Our Minimum Turnaround Time shall not commence until processingbegins. Hence non payment will almost certainly result in delays to Delivery.
c) Where payment is not received, or the order is cancelled after pickup for any reason, by the Customer, Launderer or us, we reserve the right to charge the current advertised Minimum Order Amount to cover the costs of picking up and delivering back the unprocessed order.
d) We reserve the right to hold items until payment of the Minimum Order Amont has been received or, if the Job has been processed, until the payment is received in full.
e) We may charge late payment fees, interest, legal and recovery costs where payment has not be received within 30 days, for any reason.
6.3 PAYMENT PROVIDER
We use a third-party payment provider (Payment Provider) to process payments. The processing of payments by the Payment Provider will be, in
addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting your payments. We reserve the right to charge credit card surcharges to cover the fees charged by this Payment Provider.
7. BYPASSING
a) You acknowledge and agree that you will not communicate or request or entice a Launderer to communicate with you, outside of the Platform (except in the course of obtaining Laundry Services from a Launderer who has accepted your Job).
b) We may in our discretion, cancel your Account and suspend you from using the Platform if we find or suspects that you have breached or are in breach of this clause 7(a).
8. SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent,
warrant or guarantee that:
i) the Platform will be free from errors or defects;
ii) the Platform will be accessible at all times;
iii) any information sent through the Platform including Jobs will be delivered promptly, or delivered at all;
iv) information you receive or supply through the Platform including Jobs will be secure or confidential; or
v) any information provided through the Platform including Jobs is accurate or true.
9. INTELLECTUAL PROPERTY
a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with Our Services and the Platform (including
text, graphics, logos, design, icons, images, functionality, pricing and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by us.
b) You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without our prior written consent or as permitted by law.
c) In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design (including website design and functionality), patent, trade,
business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms in Australia and throughout the world.
10. CUSTOMER COMPLAINTS
a) If you have a complaint about the Laundry Services provided by a Launderer (Complaint) or would like to request a refund from a Launderer (Refund Request), please contact the Launderer directly.
b) If you are unable to resolve your Complaint with the Launderer or the Launderer does not agree to your Refund Request, please contact us and we
will use our reasonable efforts to assist you.
c) If your Complaint or Refund Request is still not resolved to your satisfaction despite our assistance, the Complaint or Refund Request will be considered a dispute and the dispute resolution process set out in clause 11 will apply.
11. DISPUTE RESOLUTION
a) A party (including us, you or a Launderer) claiming that a dispute has arisen under or in connection with dry cleaning services provided by a Launderer (dry cleaning complainant) will be solely and exclusively referred to, and finally resolved by, binding determination by the Drycleaning Institute ofAustralia (DIA).
b) Party to the dispute acknowledges and agrees that any determination by the DIA will be final and binding and agree to comply with the DIA’s
determination including, if applicable, the payment of any amounts to either party for loss or damages within 7 days of the determination.
c) Where the DIA has determined that we (us, our Launderer or their Driver) were not at fault and that no compensation is necessary, you agree that stating otherwise in any public forum, including on social media, will constitute Defamation and may be prosecuted for Damages as such.
12. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use
of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of
viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.
13. DISCLAIMER, LIABILITY & INDEMNITY
13.1 DIRECTORY SERVICE
a) The Platform is a medium that facilitates the introduction of Customers and Launderers. We collect a subscription fee and service fee in consideration for providing this introduction service and we do not have any obligations or liabilities to, and are not a party to any contract between, Customers (including you) and Launderers in connection to such services or from the introduction.
b) You acknowledge and agree that:
i) Launderers are owned and operated by third parties that are not under our control;
ii) an introduction to a Launderer (including through a Launderer accepting a Job) does not imply any endorsement or recommendation
by us of any Launderer; and any terms and conditions relating to a service (including Laundry Services) provided through the Platform constitute a contract between you and the Launderer and do not involve us in any way.
13.2 LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we exclude completely, or if held unenforceable, our maximum aggregate liability to you will be $100
AUD for, all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity,
indemnity or otherwise, arising from, in connection to or relating in any way to Our Services or the Platform. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.
13.3 WARRANTIES
We make no representation, guarantees or warranties as to the effectiveness of Our Services or the Platform. All express or implied representations and
warranties are, to the maximum extent permitted by applicable law, excluded.
13.4 CONSUMER LAW
a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are
entitled:
i) to cancel your service contract with us; and
ii) to a refund for the unused portion, or to compensation for its reduced value.
b) You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
c) If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done,
to cancel your contract and obtain a refund for the unused portion of the contract.
13.5 INDEMNITY
You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person
arising from you or your representatives’:
i) breach of these Terms; or
ii) use of Our Service or the Platform.
13.6 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with Our Services, the Platform, these Terms or their subject matter, or any services provided by you (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
14. CONFIDENTIALITY & PRIVACY
14.1 PRIVACY
You agree to comply with:
i) your obligations under the Privacy Act 1988 (Cth); and
ii) our privacy policy as in force from time to time.
14.2 COLLECTION NOTICE FOR PERSONAL INFORMATION
a) We collect personal information about you in order to provide you with OurServices, to enable you to access and use the Platform and for other purposes set out in our privacy policy.
b) Our privacy policy contains more information about how we use, disclose and store your information and details how you can access and correct your
personal information.
14.3 CONFIDENTIAL INFORMATION
You agree to not disclose Confidential Information directly or indirectly to any third party, except:
i) with our prior written consent; or
ii) as required by law.
14.4 In this clause 14, “Confidential Information” means information of, or provided by, us that is by its nature confidential information, is designated as
confidential, or that you know or ought to know is confidential, but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.
15. CANCELLATION
15.1 CANCELLATION BY YOU
You may cancel your Account at any time through the Platform or by contacting us.
15.2 CANCELLATION BY US
a) To the extent permitted by law, we reserve the right to cancel your Account at any time without notice, for any reason.
b) We may also cancel your Account at any time without notice if you breach
any provision of these Terms.
15.3 EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Account, we may retain or delete any data and material associated with your Account. If deleted, you will
not be able to recover any of your data and material. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of, in correction to or in relation to the cancellation, termination or expiry of your Account.
16. RECORD KEEPING
To the maximum extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through the Platform between you and any Launderer (including information about Jobs, messages, cookies, and I.P. address information) for administration purposes and also hold the right to produce these records in the event of any legal dispute.