Terms and Conditions

FLEXIBLE CLEANING SERVICES
General Terms and Conditions

BACKGROUND
FLEXIBLE CLEANING SERVICES (ABN 55 653 032 921) (“FCS”) operates a website, mobile applications and associated administrative services (together the “Platform”) through which customers (“Users”) can book a Business for the provision of household and commercial services such as window cleaning, internal cleaning, high pressure cleaning, gutter cleaning etc. services (“Services”), by submitting a booking request. FCS then matches the most suitable Business from its database of Businesses to the booking request. A Business is an independent service provider in the business of providing the Services and is not employed by FCS or any of its affiliates.
These terms and conditions form a contract between FCS and the Users for the use of the Platform (“Terms”).
The User enters into two contractual relationships.
The first contract being with FCS, governing the access to and use of the Platform in accordance with the Terms.
The second contract is between the User and a Business for the provision of the Services and with FCS as a technology provider in respect of the Services (“Services Agreement”) as set out here as amended from time to time.
By accessing and/or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
AND THE PARTIES HEREBY AGREE:

1. DEFINITIONS AND INTERPRETATION
   1. In these Terms (including the recitals), unless the context otherwise requires:
      1. “Booking” means the booking made by you for the provision of Services;
      2. “Booking System”means FCS’ systems which enable you to make a Booking;
      3. “Service Fee”means the fee, as advised by FCS from time to time, (inclusive of goods and service tax, if applicable) for the Services;
      4. “Intellectual Property Rights”means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Platform;
      5. “Platform Content”means all material, content and information made available on the Platform including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
      6. “You”, “your”< means you as the user of the Platform.
   2. In these Terms, unless the context otherwise requires:
      1. headings are for convenience only and do not affect its interpretation or construction;
      2. the singular includes the plural and vice versa;
      3. references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
      4. words importing a gender include other genders;
      5. the word “person” means a natural person and any association, body or entity whether incorporated or not;
      6. where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
      7. a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
      8. all monetary amounts are in Australian currency;
      9. a reference to time refers to Eastern Standard Time;
      10. “includes” is not a word of limitation; no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party
      11. a reference to any thing is a reference to the whole and each part of it;
      12. a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
      13. a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
2. TERMS AND CONDITIONS
   1. Access to and use of this Platform is governed by these Terms.
   2. FCS periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Platform, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Platform after any such changes are made will be deemed to constitute your acceptance of those changes.
   3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Platform (“Third Party Sites”) are not controlled by FCS and do not form part of the Platform. You agree that you will not hold FCS liable or in any way accountable for anything that occurs on any Third Party Site.
3. ACCEPTANCE
   1. By accessing or using the Platform you expressly agree to be bound by these Terms, and you agree that these Terms shall apply to all Services that you book via the Platform.
   2. Notwithstanding clause 3.2, you may not accept the Terms or access the Platform if:
      1. 1. you are not of legal age to form a binding contract with FCS; or
         2. you are a person barred from entering into contracts under legislation, in which case, you must immediately leave the Platform.
   3. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
   4. If you do not understand any part of the Terms you should seek independent legal advice.
4. USER PROFILE
   1. You will be required to register your personal information, including your name, address, phone number and payment details on the Platform in order to make a Booking (“User Profile”).
   2. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Platform and the Booking System will be true and accurate at all times.
   3. FCS may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
5. BOOKING SYSTEM
   1. You may request a Booking via the Booking System. You will receive a Booking confirmation, a payment receipt and the Services Agreement that constitutes the contractual relationship between you, FCS as a technology provider and a Business as a service provider that you are deemed to have entered into for the provision of the Services.
   2. FCS will then make your contact details, location, requested time and the scope of the Service available to its Business network. An available Business will then confirm its acceptance of the Booking.
   3. You are able to request a preferred Business. FCS will take your preference into account when facilitating the Service, however a specific Business cannot be guaranteed and will depend on the Business’s availability.
   4. When a Booking is confirmed by a Business, FCS will notify you.
   5. If the requested Business cannot fulfil your Booking, FCS will arrange an alternative Business for the requested Booking time.
   6. If the requested Booking cannot be facilitated, FCS will arrange an alternative time for the Service with you and a Business.
   7. You are not permitted to engage the Services of a Business other than through the Booking System on the Platform.
   8. The Booking System is provided on the Platform to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
   9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
   10. FCS has the right at any time to add, change or withdraw functions available on the Platform at its own discretion.
6. PRICES AND ESTIMATES
   1. You acknowledge and agree that the price quoted for your Booking is an estimate only (“Estimate”), and the actual price charged may vary depending on the type and scope of work/services needed.
   2. After the Business has arrived at your home/premises, the Business will further assess the problem or work to be performed.  If the Business determines that the work required is greater than what was initially contemplated, the Business will advise you and generate a new estimate reflecting the increase in scope of the Services.  If you approve the revised estimate, the Business will complete the work.  If you do not approve, the Business will take reasonable efforts to complete some or all of the work specified on the original Estimate, the pricing for which you had previously agreed to, or, if the Business is unable to do so, the Booking shall be deemed cancelled.
7. PAYMENT
   1. At the time of making a Booking, your payment details will be transferred to FCS’s secure payment gateway and FCS will take payment for the Booking.  In relation to a recurring Booking, FCS will take payment for your first scheduled Service at the time of making the Booking, and subsequent services will be charged in accordance with subclause 2 below.
   2. If you have made a recurring Booking, your payment for subsequent services will be pre-authorised up to 72 hours prior to commencement of each scheduled Service, and FCS will take payment on the day of each scheduled Service. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit may be passed onto you.
   3. If FCS is unable to successfully obtain a pre-authorisation for any scheduled Service at any time within 24-hours of the scheduled commencement, FCS reserves the right to cancel your Booking immediately upon written notice (email or SMS to suffice) and no Service will be provided to you.
   4. On receipt of the Service Fee, FCS will hold the Service Fee on behalf of the Business until such time as it accounts to the Business, pays a refund to you (if you are entitled to a refund) or credits payment of our fees and charges. No interest will be payable by FCS to you or the Business on amounts held by FCS.
   5. FCS will issue you with a receipt for your payment of the Service Fee. You may request for a Tax Invoice and FCS will provide you with a Tax Invoice for the Services rendered by the Business within a reasonable time of your request.
   6. If the User is entitled to a refund in accordance with the Services Agreement, FCS will process the refund as soon as practicable after the right to the refund arises.
8. CHANGES AND CANCELLATIONS
   1. You can cancel or amend a Booking free of charge, up to 72 hours before the Service is scheduled to begin.
   2. If you cancel or amend a Booking, up to 48 hours before the Service is scheduled to begin, you will have to pay cancellation costs equivalent 5% to the value of the total booking fee.
   3. If you cancel or amend a Booking, up to 24 hours before the Service is scheduled to begin, you will have to pay cancellation costs equivalent 10% to the value of the total booking fee.
   4. If you cancel or amend a Booking, up to 4 hours before the Service is scheduled to begin, you will have to pay cancellation costs equivalent 25% to the value of the total booking fee.
   5. If you cancel or amend a Booking within 4 hours before the Service is scheduled to begin, you will have to pay cancellation costs equivalent 50% to the value of the total booking fee.
   6. If you cancel a Booking when our people is already there at your property, you will have to pay cancellation costs equivalent 100% to the value of the total booking fee.
   7. You cannot amend, extend or cancel a Booking during the performance of the Services.
   8. The Services Agreement shall expire once the Services under the Booking have been performed.
   9. If the Business is unable to fulfil a confirmed Booking (in full or part), FCS will attempt to find you a replacement Business. If we cannot find you an alternative Business, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
9. SERVICES
   1. FCS operates the Platform through which you may arrange and book the provision of the Services by a Business under the Service Agreement and FCS provides you with the platform to purchase these Services.
   2. You acknowledge that FCS does not provide the Services to you in any circumstances and the Businesses are not employed or subcontracted by FCS or any of its affiliates.
   3. FCS is not an agent or broker for you. You enter into any transaction, including any Services Agreement with a Business, entirely at your own risk.
   4. FCS monitors the Services offered by a Business. However, FCS does not guarantee or make any representation as to the safety, quality, condition or description of any products used or Services provided by Business. Any issues regarding safety, quality, condition or description should be notified to FCS, who will then pass the issue onto the Business designated to your Booking. You should refer to the terms and conditions of your Services Agreement for further information.
   5. All bookings are subject to Business availability.
10. TERMINATION
    1. FCS may at its discretion terminate your use of, or access to, the Platform at any time. If this happens we may notify you by email. If your use of the Platform is terminated:
       1. 1. you are no longer authorised to access the Platform or use any other FCS services with the email address you used to register with the Platform or any other email address you possess;
          2. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
          3. all licences granted by you and all disclaimers by FCS and limitations of FCS’s liability set out in the Terms or elsewhere on the Platform will survive termination.
    2. You may terminate this agreement by emailing FCS at info@flexiblecleaning.com.au FCS will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
    3. FCS reserves the right to deduct any outstanding fees and charges owing to FCS and/or the Business on your User Profile prior to disabling it.
11. DISPUTE RESOLUTION POLICY
    1. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@flexiblecleaning.com.au. You agree to make the circumstances of any dispute known by notice in writing to this email address before taking any other action.
    2. In the unlikely event that FCS is unable to resolve a complaint you may have (or if FCS has not been able to resolve a dispute it has with you after attempting to do so), you agree to resolve any claim, cause of action or disputes you have with FCS arising out of or in relation to these terms and conditions exclusively in the courts exercising jurisdiction in Australia and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
    3. FCS welcomes any feedback, comments and complaints you may have in respect of the Services and the Businesses, however, you acknowledge the Business is the sole provider of the Services.
12. SECURITY OF PAYMENT
    1. FCS has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details.
    2. FCS does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
13. PRIVACY
    1. In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.
    2. FCS collects and stores Personal Information you enter into the User Profile. Personal Information collected by FCS will be maintained in accordance with our Privacy Policy available at
    3. flexiblecleaning.com.au/privacy
    4. You agree that FCS will disclose your Personal Information, including your name and address to the Business in order for the Business to carry out the Services.
    5. Both parties must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.
14. INTELLECTUAL PROPERTY
    1. The Platform Content is protected by copyright and FCS reserves all Intellectual Property Rights which may subsist in the Platform Content and/or the Platform.
    2. By accepting the Terms, you are granted a non-exclusive licence to:
       1. 1. view the FCS website and mobile applications;
          2. print pages from the FCS website or mobile application in its original form; and
          3. download any material from the FCS website or mobile applications for caching purposes only.
    3. You must not, without FCS’s prior written consent which may be withheld at its absolute discretion:
       1. 1. copy, republish, reproduce, duplicate or extract Platform Content;
          2. redistribute, sell, rent or licence any Platform Content; or
          3. edit, modify or vary the Platform Content.
15. ACCEPTABLE USE
    1. You must not use, or cause this Platform to be used, in any way which:
       1. breaches any of these Terms
       2. infringes FCS’s or any third party’s Intellectual Property Rights;
       3. is fraudulent, illegal or unlawful; or
       4. causes impairment of the availability or accessibility of the Platform.
    2. You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
       1. spyware;
       2. computer viruses;
       3. Trojans;
       4. worms;
       5. keystroke loggers; or
       6. any other malicious computer software.
16. INDEMNITY AND LIABILITY
    1. General indemnity:You agree to indemnify FCS, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which FCS may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
    2. General limitation of liability:We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Platform Content or otherwise in connection with the Platform.
    3. Services Liability:To the full extent permitted by law, FCS will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with a Business or the offer or supply of (or default in supplying) the Services.
    4. Information Accuracy:You acknowledge and agree that some of the Platform Content may be provided by way of blogs or comments made by other users of the Platform, and that FCS does not accept any responsibility or make any representation for the accuracy of such information or your reliance on the same. The Platform Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
    5. Acceptance:By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
17. WARRANTIES AND REPRESENTATIONS
    1. The use of this Platform is at your own risk. The Platform Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or representation of any kind.
    2. None of FCS’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Platform Content or Platform
18. GENERAL PROVISIONS
    1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
    2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
    3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
    4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of Australia.