Customer Platform Terms & Conditions

Star Cleaner

1. INTRODUCTION

(a) These terms and conditions (Terms) govern your use of the Star Cleaner platform and the supply of professional cleaning services (Services) through our website at www.starcleaner.com.au (Platform). The Platform connects people, like you (Customers, you or your) to Star Cleaner cleaning service providers (Service Providers).

(b) By making a request for Services (Job) through the Platform or otherwise contacting Star Cleaner to request a Job, you agree to be bound by these Terms which form a binding contractual agreement between you, and us, Star Cleaner Australia Pty Ltd ABN 23 669 753 726 (Star Cleaner, we or us).

(c) Capitalised words and phrases used in these terms have the meaning given by the wordsimmediately 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.

(e) Star Cleaner may change these Terms at any time by updating this page of the Platform, and your continued use of the Platform following such an update will represent an agreement by you to be bound by the Terms as amended.

2. DEFINITIONS

In these Terms, the following words have the following meanings:

(a) “Customer” means a customer of the Platform, including both Commercial Customers and Residential Customers;

(b) “Commercial Contract” means an additional agreement between the Commercial Customer and Star Cleaner that is required to be executed;

(d) “Residential Customer” means an individual customer seeking cleaning services for private homes;

(e) “User” means a Customer or other user of the Platform.

3. WHO MAY USE THE PLATFORM

3.1 GENERAL

(a) In order to use the Platform, 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 the Platform if these facts are not true.

(b) If you use the Platform 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.

3.2 RESIDENTIAL CUSTOMERS

If you use the Platform as a Residential Customer, you acknowledge and agree that:

Star Cleaner Australia Pty Ltd 2 Customer Platform Terms & Conditions

(a) (Property Access Instructions) you must provide clear instructions via the Platform for accessing the property. This includes details such as entry codes, key locations, and any specific access protocols to be followed by the Service Providers.

(b) (Renovations Notification) you must notify Star Cleaner of any ongoing or upcoming renovations, both external and internal.

(c) (Pets in the Home) you must inform Star Cleaner if there are any pets in the home, and if there is any known aggressive behaviour of your pets. This information is crucial for the safety of the pets and Service Providers and to ensure appropriate cleaning methods and products are used.

(d) (Aquarium in the Home) you must notify Star Cleaner if there is an aquarium in the home. Certain chemicals and cleaning methods may not be suitable around aquariums, and this information will help the Service Provider take necessary precautions to protect aquatic life.

(e) (Vacuum Cleaner Condition) you are responsible for ensuring that the vacuum cleaner provided for use in the home is in good condition. The vacuum cleaner should have no visible damage or cracks, be clean and free of debris, have a cord and plug in good condition, and a hose free of blockages and signs of wear or damage.

(f) (Restricted Areas) you must notify Star Cleaner of any areas or sections of the home that should not be accessed by the Service Providers. This information is necessary to respect your privacy and preferences.

(g) (Disclaimers)

Star Cleaner is not liable for any damage or loss resulting from your failure to provide accurate and complete information as required in this clause.
Star Cleaner and the Service Providers reserve the right to refuse service if:
1. the pet appears to be unfriendly or aggressive, poses any threat to the Service Provider, or restricts the Service Provider from performing the Services; and
2. the conditions of the vacuum cleaner or the property pose a risk to the safety of the Service Provider or hinder the completion of the Services.
Star Cleaner is not responsible for any adverse effects on pets or aquatic life if you fail to notify Star Cleaner or the Service Provider of their presence.
You assume full responsibility for any injuries or damages caused to the Service Provider by a pet. You agree to indemnify and hold Star Cleaner harmless from any claims arising from such incidents.
The Service Provider reserves the right to discontinue the Services without penalty if a pet poses a danger to their safety. You may be charged for the scheduled service even if it is incomplete due to safety concerns.

3.3 COMMERICAL CUSTOMERS

If you use the Platform as a Commercial Customer, you acknowledge and agree that:

(a) Star Cleaner will provide you with eligible Service Providers to fill a job posting;
(b) You have full discretion of the selection of the Service Provider; and
(c) You are required to enter into a Commercial Contract prior to receiving any Services.

4. ACCOUNTS

4.1 APPLYING FOR AN ACCOUNT

(a) For Residential Customers, an account will be created by Star Cleaner’s admin only after the Residential Customer’s initial Job request has been reviewed and approved (Account). Star Cleaner Australia Pty Ltd 3 Customer Platform Terms & Conditions

(b) The Residential Customer will receive a notification once their Account has been successfully created and is ready for use.

(d) Commercial Customers are not required to have an Account to use the Platform.

4.2 ACCOUNT RULES AND YOUR OBLIGATIONS

You acknowledge and agree:

(a) 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 obtaining 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 the Services at any time without notice to you.

4.3 SUSPENSION AND CANCELLATION OF YOUR ACCOUNT

Without limiting any other provision of these Terms, we may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

5. THE PLATFORM

5.1 CREATING A JOB

(a) Once Star Cleaner has provided you with an Account in accordance with clause 4.1(a) (applicable to Residential Customers only), you can create a request for a Job through the Platform. At the time of requesting a Job, you will be required to provide details about the Services you require Star Cleaner to perform, including the premises you require cleaned (Job Location), starting time (Start Time), property type, number of bedrooms and bathrooms, the type of Services you require to be performed, and other details Star Cleaner may require from time to time.

(b) You acknowledge and agree that all details provided at the time of requesting a Job are correct and complete. Star Cleaner may charge additional fees in accordance with clause 6.3 if any details are wrong or incomplete.

5.2 ACCESS

(a) You agree to provide Star Cleaner with access to the Job Location at the Start Time.

(b) If Star Cleaner is unable to gain access to the Job Location, we will notify you and it is your responsibility to reschedule any Services. We reserve the right to charge you for any additional expenses incurred by Star Cleaner if the Services are rescheduled.

5.3 GENERAL OBLIGATIONS

You acknowledge and agree:

(i) to communicate with Star Cleaner as reasonably required for the purpose of enabling Star Cleaner to provide the Services; Star Cleaner Australia Pty Ltd 4 Customer Platform Terms & Conditions

(ii) that you have the right to authorise Star Cleaner to provide the Services at the Job Location;

(iii) that the Job Location will be safe and secure, free from any obstacles or other hazards that may cause injury to Star Cleaner’s personnel or damage to Star Cleaner’s equipment;

(iv) that the Job Location will be free of any furniture, equipment or any other items that may obstruct Star Cleaner from performing the Services. Star Cleaner will not be responsible for any incomplete performance of the Services if any item obstructs the Services from being performed; and

(v) to provide access to electricity and water as required for Star Cleaner to perform the Services.

6. ORDERING AND PERFORMANCE OF SERVICES

6.1 SERVICES

Star Cleaner will perform the Services in accordance with the details provided by you at the time of requesting a Job.

6.2 CLEANING EQUIPMENT

(a) (Residential Customers) Residential Customers are responsible for providing all necessary chemicals, equipment, and tools required to carry out the job (Cleaning Equipment). If a Residential Customer prefers the Service Provider to supply the Cleaning Equipment, an additional charge will apply which will be indicated via the Platform and/or communicated via email or phone.

(b) (Commercial Customers) Commercial Customers acknowledge and agree that the provision of Cleaning Equipment will be dealt with separately under the Commercial Contract.

6.3 CHANGES TO SCOPE

(a) You must pay a “change in scope fee”, in an amount determined by Star Cleaner (Change Fee), for changes to Services requested by you which alter the scope of the Services provided by you at the time of requesting a Job and require Star Cleaner to perform additional work or incur additional costs (Changes).

(b) Star Cleaner may at its discretion, extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.

(c) Star Cleaner will only be required to perform Changes, if you pay the Change Fee, in accordance with clause 6.3(a) as if it was a Fee.

6.4 KEY DATES AND TIMES

Star Cleaner may, due to various reasons beyond its control, need to make reasonable adjustments to the Start Time. Star Cleaner will notify you if an adjustment is required.

6.5 THIRD PARTY TERMS AND CONDITIONS

(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).

(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

7. BYPASSING

(a) You acknowledge and agree that you will not communicate or request or entice a Service Provider to provide Services to you outside of the Platform.
(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.

8. FEES AND PAYMENT

8.1 GENERAL

(a) The fees associated with a particular Job will be displayed on the Platform at the time of requesting a Job (or otherwise communicated by Star Cleaner to you) (Fees).

(b) The Fees are subject to change depending on the actual Services provided by Star Cleaner to you.

(d) To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) any Fees paid in accordance with these Terms are non-refundable.

8.2 GENERALCANCELLATION

If you cancel the Job:

(a) at least 72 hours before the Start Time, the Fees are not payable by you;

(b) less than 72 hours before the Start Time but more than 24 hours before the Start Time, 50% of the Fees are payable by you; and

8.3 REMITTANCE METHOD

(a) You agree to pay the Fees in accordance with the remittance method set out at the time of requesting a Job or in an invoice.

(b) We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect Fees.

(c) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these https://stripe.com/au/privacy

(d) You agree to release Star Cleaner and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

(e) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

8.4 SUSPENSION OF SERVICES

Star Cleaner reserves the right to suspend all or part of the Services indefinitely where you fail to pay the Fees in accordance with this clause 8.

8.5 EXPENSES

Unless otherwise provided for in the time of requesting a Job, additional expenses or costs incurred by Star Cleaner in the course of performing the Services may be charged to you.

8.6 GST

Unless otherwise indicated, amounts quoted at the time of requesting a Job include GST. In relation to any GST payable for a taxable supply by Star Cleaner, you must pay the GST subject to Star Cleaner providing a tax invoice.

8.7 LATE PAYMENT AND SUSPENSION OF SERVICES

(a) If you do not pay Star Cleaner the amount due and payable under an invoice when due, Star Cleaner retains the right, without limiting any other rights under this Agreement, to charge you interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, Star Cleaner will provide you with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Star Cleaner.

(b) Star Cleaner reserves the right to suspend all or part of the Services indefinitely where you fail to pay the Fees.

(d) You agree to reimburse Star Cleaner for any expenses and costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under these Terms.

8.8 CARD SURCHARGES

Star Cleaner reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

9. SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Platform may have errors or defects (or both, as the case may be);

(b) the Platform may not be accessible at times;

(d) information you receive or supply through the Platform may not be secure or confidential; and

(e) any information provided through the Platform may not be accurate or true.

10. INTELLECTUAL PROPERTY

(a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (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 it not expressly granted to you.

(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 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, 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 this agreement both in Australia and throughout the world.

11. CUSTOMER COMPLAINTS

(a) If you have an issue with the Services, you must direct the issue to us. We will then use its best endeavours to resolve the dispute, which may include (at our discretion) arranging for the Services to be performed again. Star Cleaner Australia Pty Ltd 7 Customer Platform Terms & Conditions

(b) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(c) A party that requires resolution of a dispute which arises under or in connection with these Terms must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(d) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

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, malicious computer code or other forms of interference.

13. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by law and subject to clause 13(b), the total liability of each party (being you, the Customer and us, the Company) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.

(b) Clause 13 does not apply to your liability in respect of loss or damage sustained by the Company arising from your breach of clauses 3, 5.2, 5.3, 7 and 10.

(c) (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(d) (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

(e) (Consequential Loss) To the maximum extent permitted by law, neither party will 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 in connection with this agreement or any goods or services provided by the Company, except:

(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

14. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Star Cleaner accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

15. CONFIDENTIALITY

You agree that:

(a) no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and Star Cleaner Australia Pty Ltd 8 Customer Platform Terms & Conditions

(b) all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. PRIVACY

You agree to be bound by the clauses outlined in our Privacy Policy, which can be accessed here https://www.starcleaner.com.au/privacy-policy/

TERMINATION

16.1 RESIDENTIAL CUSTOMERS

(a) Either Star Cleaner or you may terminate your Account and access to the Platform at any for any reason.

(b) If you want to terminate your Account, you can do so by using the Platform’s functionality
to request termination. Where such functionality is not available, Star Cleaner will effect
such termination within a reasonable time after receiving written notice from you.

(i) your access to all posting tools on the Platform will be revoked;

(ii) you agree to pay all amounts owed for Services already provided as at the date
of cancellation; and

(iii) you may be unable to view the details of Service Providers (including contact
details, geographic details and any other details), and all Job requests
previously posted by you will also be removed from the Platform.

(d) Notwithstanding termination or expiry of your Account, this agreement, or any other
membership you hold in connection with the Platform, any provision in these Terms which
by its nature would reasonably be expected to be complied with after termination or
expiry, will continue to apply.

16.2 COMMERCIAL CUSTOMERS

The Commercial Customer agrees that the termination process set out in the Commercial Agreement will apply.

17. RECORD / AUDIT

To the extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through this Platform between you and any Service Provider (including information about Jobs, messages, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute.

18. NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this
agreement, or if no email address is specified in this agreement, then the email
address most regularly used by the parties to correspond regarding the subject
matter of this agreement as at the date of this agreement (Email Address). The
parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a
public holiday in the state or territory whose laws govern this agreement, in
which case the notice will be taken to be given on the next occurring business
day in that state or territory; or

(ii) when replied to by the other party, whichever is earlier.

19. GENERAL

19.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in all Australia States and Territories. Each party irrevocably submits to the exclusive jurisdiction of the courts of in Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 GOVERNING LAW AND JURISDICTION

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

19.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

19.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

19.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

19.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

19.8 GOVERNING LAW AND JURISDICTION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.