Service Provider Terms & Conditions

Star Cleaner

1. INTRODUCTION

(a) These terms and conditions (Terms) govern your use of the Star Cleaner platform and your provision of professional cleaning services as service provider (Service Provider) through our Platform.

(b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the Service Provider, and us, Star Cleaner Australia Pty Ltd ABN 23 669 753 726 (Star Cleaner, we or us).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).

(c) 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.

(d) 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.

(e) In these Terms:

(i) “Cleaning Services” means the services provided by Service Providers to Customers.
(ii) “Customers” means the end customer or recipient of the Cleaning Services, who are customers of Star Cleaner, including both actual and prospective customers of Star Cleaner.
(iii) “Fees” means the agreed fees to be paid in consideration of performing the Cleaning Services, in accordance with the terms of the Contractor Agreement (as defined in clause 3.1(b)).
(iv) “Jobs” means a Customer’s request for Cleaning Services.
(v) “Our Services” means the services we provide to you and Customers (collectively, Users) through the Platform
(vi) “Platform” means the Star Cleaner platform available via the Star Cleaner website at www.starcleaner.com.au, Star Cleaner app, and any other services made available through the Platform.

2. ACCOUNTS

2.1 APPLYING FOR AN ACCOUNT

(a) To join the Platform as a Service Provider, 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, business name and address, valid national police check, valid working with children check, ABN, contact number, cleaning experience, and other information as determined by us from time to time.

(d) By applying for an Account, you represent and warrant that you are suitably qualified and trained to perform the Cleaning Services.

(e) Once you complete the Account application process, we may, in our discretion, choose to approve you as a Service Provider on the Platform.

2.2 ACCOUNT RULES

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. You must 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.

2.3 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.

3. THE PLATFORM

3.1 BECOMING AN APPROVED SERVICE PROVIDER

(a) In order to become an approved service provider, you must:

(i) set up an Account via the Platform;
(ii) upload the required documents to your portal within the Platform, such as drivers licence and/or passport, working with children check, police check (no more than 6 months old), recent utility bill, public indemnity insurance.

(b) If you meet the requirements set out in clause 3.1(a), we will provide you with an ‘Contractor Agreement’ that you must review and execute prior to becoming an approved service provider (Contractor Agreement).

(c) If you have satisfied the requirements set out in this clause 3.1, Star Cleaner will approve you as an approved service provider (Approved Service Provider) and you will be granted access to the Platform.

(d) You acknowledge and agree that Star Cleaner may refuse to grant you Approved Service Provider Status for whatever reason and does not need to provide you reasons for nonapproval.

3.2 CUSTOMERS, JOBS AND PERFORMING THE CLEANING SERVICES

(a) You will be offered and/or allocated Jobs that have been registered on the Platform via email and will include details of the Cleaning Services the Customer requires, the fees and the Customer’s address. (Job Offer).

(b) Once you have accepted a Job Offer, you can view and manage your schedule via the Platform.

(c) Job Offers may be offered to multiple Service Providers on the Platform, so whichever Service Provider accepts the Job Offer first will be the Service Provider to complete that Job.

(d) By accepting a Job, you agree to perform the specific Cleaning Services, in return for the Fees.

(e) If you accept a Job, you agree to perform the Cleaning Services as well as any other specific instructions provided by the Customer and as set out in the Job. Star Cleaner Australia Pty Ltd 3 Contractor Platform Terms & Conditions

(f) At the end of a Job, you may be required to mark the Job as complete on the Platform

3.3 CUSTOMER COMMUNICATIONS

(a) You agree that while you are a Service Provider on the Platform you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about via the Platform, or with whom you previously provided services to directly or indirectly via the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.

(b) We may, in our discretion, terminate this agreement and cancel your Account if we find or suspect that you have breached or are in breach of this clause 3.3.

4. YOUR OBLIGATIONS

You acknowledge and agree that:

(a) by accepting a Job you are able to and will provide the specific Cleaning Services in accordance with the Job details;

(b) you will provide the Cleaning Services in accordance with the terms of the Contractor Agreement.

5. FEES

You will be paid the Fees in accordance with the payment terms set out in the Contractor Agreement.

6. 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.

7. 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 7, “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.

8. 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.

9. 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.

10. SECURITY

Star Cleaner does 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.

11. DISCLAIMER

11.1 EFFECTIVENESS OF OUR SERVICES AND PLATFORM

We make no representation, guarantees or warranties as to the effectiveness of Our Services or the Platform and do not represent or warrant the number or quality of Customers that may be directed to you or otherwise engage with you in any way for the provision of Cleaning Services of any kind from you.

11.2 LIMITATION OF LIABILITY FOR USE OF PLATFORM

To the maximum extent permitted by applicable law, we exclude completely, or if held unenforceable, each party’s maximum aggregate liability to the other party 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.

11.3 WARRANTIES

All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

11.4 CONTRACTOR AGREEMENT

To the extent of any inconsistency of these Terms with the Contractor Agreement, the parties acknowledge and agree that the Contractor Agreement will override these Terms with respect to any such inconsistency.

12. CONFIDENTIALITY

You agree that:

(a) no information owned by Star Cleaner, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(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.

13. PRIVACY

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

14. TERMINATION

14.1 NON-APPROVED SERVICE PROVIDER

(a) If the Service Provider is not granted Approved Service Provider status, either party may terminate these Terms and the Service Provider’s Account at any time and for any reason.

(b) If the Service Provider wants to terminate their Account, they can do so by providing written notice to Star Cleaner.

14.2 APPROVED SERVICE PROVIDER

(a) If the Service Provider is an Approved Service Provider, the Service Provider agrees that the termination process set out in the Contractor Agreement will apply.

(b) In the event the Contractor Agreement is terminated for whatever reason, the Service Provider’s Account will be terminated immediately.

14.3 EFFECT OF TERMINATION

(a) In the event that a Service Provider’s Account is terminated:

(i) the Service Provider’s access to their Account and the Platform will be revoked; and
(ii) the Service Provider will be unable to view the details of Customers or Jobs (including contact details, geographic details, any other personal details and Job listings or requests).

(b) Notwithstanding termination or expiry of your Account or these Terms, 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.

15. RECORD / AUDIT

To the extent permitted by law, Star Cleaner reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, 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.

16. 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.

17. GENERAL

17.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, 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.

17.2 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.

17.3 SEVERANCE

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.

17.4 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.

17.5 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

17.6 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.

17.7 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.

17.8 INTERPRETATION

(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; Star Cleaner Australia Pty Ltd 7 Contractor Platform Terms & Conditions

(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.