This online platform (Platform) is operated by Golden Goodway Pty Ltd trading as My Cleaning App or its successors and assignees (we, our or us). It is available at: https://mycleaningapp.com.au/ and may be available through other addresses or channels, including on our mobile application for Customers.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects service providers (Service Providers) with customers who need services (Customers) by facilitating introductions between Service Providers and Customers.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
If you are a Customer and access or download our mobile application from (i) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service (if Android mobile app) or (ii) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service
Platform Summary - Introductory Service Only
(a) The Platform provides an introductory service for Service Providers and Customers.
(b) A Service Provider with an ability to perform services creates an account on the Platform.
(c) A Customer with a requirement for a service to be provided (i) creates an account on the Platform and (ii) makes a request for a quote (Quote Request) which is sent through the Platform to Service Providers who service the Customer’s area.
(d) If a Service Provider desires to provide services to a Customer, the Service Provider may provide a quote to the Customer (Quote).
(e) If the Customer accepts the Quote, a booking is made (Booking). By providing a Quote and accepting a Booking, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in the Quote.
(f) Once a Customer has received a Quote, the Service Provider and Customer can communicate privately using our private messaging service. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel
(g) Customers with Quotes can then see all the contact details of the Service Provider and can call them if required. Once the Booking is confirmed, the Service Provider will receive an email and can view in the platform all the contact details of the Customer and can go to upcoming job
(h) Once a Service Provider arrives at the Customer’s property, the Service Provider must press a button in Platform app and the Platform will send a notification to the Customer that the Service Provider has arrived. Once a Service Provider has provided the services requested by a Customer, the Service Provider must provide notice that the Booking is complete by using the Platform functionality and the Customer will receive a notification that Booking is completed and Service Provider’s Service Fee will be deducted (Completed Booking).
(i) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are independent third-party contractors not our employees, contractors, partners or agents.
(j) We are not a party to any agreement entered into between a Service Provider and a Customer. We have no control over the conduct of Service Providers, Customers or any other users of the Platform
(k) We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of services offered, the performance of services and the delivery of goods. We do not assist or involve ourselves in any way in any dispute between a Customer and a Service Provider.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Registration and Profiles
(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, including making Bookings
(b) If you are Service Provider and you own more than one business, you must apply for a separate Account for each business and provide a separate ABN for each business.
(c) You must provide basic information when registering for an Account including name, business name, email address, and location and you may choose a username and password. The username you choose must be an email address.
(d) If you provide us with, or we discover, any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion
(e) If such functionality is available, you may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account
(f) Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
(g) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(h) You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
(i) You will immediately notify us of any unauthorised use of your Account.
(j) At our sole discretion, we may refuse to allow any person to register or create an Account.
Ratings and Reviews
(a) Customers may rate the services performed by a Service Provider (Rating) and/or may provide feedback to Service Provider regarding the Service Provider’s services purchased by that Customer (Review).
(b) Ratings and Reviews of a Customer can be viewed by any user. Overall lifetime Ratings and the five most recent Reviews will remain viewable until the relevant Service Provider’s Account is removed or terminated.
(c) A Customer must provide true, fair and accurate information in their Review.
(d) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Customer from posting the Review. We do not undertake to review each Review made by a Customer.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews for Service Providers to which you have personal or professional relations.
(g) You can write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that you have purchased a service from that Service Provider (Service Experience).
(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You may not write a review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider on the Platform.
(a) Customers may earn points which accrue and can be applied as a discount against future bookings
(b) If the Customer makes a Quote Request, the Customer will earn 1 point. If the Customer then writes a review, the Customer will earn an additional 4 points.
(c) 1 point is equal to 20 cents. When a customer has accrued 50 points, the Customer may use the points for a $10 discount from the Service Provider.
Service Provider Fees and Payments
(a) Service Providers must pay a monthly subscription fee to use the Platform as set out on the Platform (Subscription Fee).
(b) Any Subscription Fee will be made through our third-party payment processor, currently merchant warrior, or by any other payment method set out on the Platform.
(c) To the extent permitted by law, our Subscription Fee is non-refundable
(d) We may offer a free trial to Service Providers as set out on the Platform. The following terms apply to any free trials we offer to Service Providers:
(1) The free trial period lasts for 15 days, or for a period otherwise specified during the account registration process. Any free trial period we offer is intended to allow you to experience our Platform.
(2) We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible.
(3)We may charge the Subscription Fee for your chosen payment method (such as your credit card) for your Account at the end of the free trial unless you cancel your account prior to the end of the free trial period.
(4) After the trial period, in our sole discretion, we may offer you a discount off our then current Subscription Fee.
(e) A Service Provider’s account will continue on a recurring basis depending on the billing cycle period chosen until terminated
(f) The Subscription Fee for the Platform and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen to a Service Provider’s selected payment method on the calendar day corresponding to when the Service Provider registered for an Account. In some cases, your payment date may change, for example if payment is unable to be processed or if your account began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the Subscription Fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
(g) We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor. Please review these terms and conditions before using your selected payment method.
(h) The payment method you select may affect how quickly you receive any payment from us (if this is applicable).
Customer Fees and Payments
(i) It is free for a Customer to register an Account on the Platform.
(j) A Customer must pay the relevant Service Provider service fees set out in the Booking (Service Fees) If Customer chooses to make in-Platform payment, the Customer’s debit or credit card details are taken by stripe which is held in their account for the next 7 days. Once there is a Completed Booking, the Service Fee is deducted from the Customer’s account. In case Customer chooses offline payment, then the payment of the Service Fee will be direct between Customer and Service Provider.
(k) Any Service Fees to Service Providers can be made through our third-party payment processor, currently Stripe, or by direct payment to the Service Provider by credit card, cash or by bank transfer, or by any other payment method set out on the Platform.
(l) If a Customer elects to pay the Service Fee by Stripe, the Customer’s credit/debit card will be pre-authorised up to the amount of the Service Fees set out in the Booking.
Service Provider Refunds and Cancellation Policy
If a Booking is cancelled 24 hours before the day of the schedules provision of the services by the Service Provider, that is if Booking is made for the 5th and its cancelled on 12:00am the 4th then $30 will be deducted from the Customer that will go to Service Provider after any transaction cost charged by stripe as compensation for the loss of income opportunity. This will only happen if Customer chooses in Platform payment. Where a Customer chooses offline payment, then any cancellation fee is strictly between Service Provider and Customer to deal with any cancellations.
Any cancellation, exchange or refund of services is strictly a matter between the Service Provider and the Customer. The terms and conditions agreed to between the Service Provider and the Customer should be set out clearly in Quote in respect of the services.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
(f) as a Service Provider, offering any services that you do not intend to honour or cannot provide;
(g) as a Customer, making any offers to Service Providers that you do not intend to offer;
(h) using our Platform to send unsolicited email messages; or
(i) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites:Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance:We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Service Fee Refunds and Consumer Guarantees
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
(c) Our Platform services come with guarantees that cannot be excluded under the ACL. For major failures with the Platform services, you are entitled:
(i) to cancel these Terms with us; and
(ii) (applicable to Service Providers only) to a refund for the unused portion, or to compensation for its reduced value.
(d) (Applicable to Service Providers only) If a failure with the Platform services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel these Terms for the Platform services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Platform services.
(e) The services provided by a Service Provider might also confer you certain Statutory Rights.
Notice regarding Apple
(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
(1) product liability claims;
(2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
(3) claims arising under consumer protection or similar legislation.
(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
(f) You agree to comply with any applicable third-party terms when using our mobile application.
(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
(h) You hereby represent and warrant that:
(1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, or Bookings including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) services will be requested by Customers or that Customers will find desirable services;
(e) services are of a particular standard of workmanship or meet the Quote description.
You read, use, and act on our Platform and the Content at your own risk
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us if you are a Service Provider, or $1 if you are a Customer, during the three-month period immediately preceding the event that gave rise to the Liability; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) loss of, or damage to, any property, or any injury or loss to any person
(2) failure or delay in providing the Platform or our services; or
(3) breach of these Terms or any law,where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control;
(5) a fault, defect, error or omission in your computing environment; or
(6) act or omission of you or your related parties,
(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms
(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(g) This clause will survive the termination or expiry of these Terms.
(a) You may cancel your Account and terminate these Terms at any time via the
1.to terminate both cleaner and customer needs to send us an email that can be sent through contact us option in the app
2.in case customer do not have any upcoming job they can simply delete the app
3.in case a cleaner's account is terminated by us then we need to log in on our stripe account and manually refund and cancel all the pending future transactions
in case cleaner want us to terminate still in that case we need to manually cancel all the pending future transactions as cleaner have their separate stripe account which operates independent of our platform
4.in case a customer have up coming job and they delete their account then in that case they still be active on our platform and money will get deducted but by sending us a termination request will deactivate their profile on system
5.Meaning, SP has paid in advance and no refund will be given for the unused portion of the month after the date of cancellation.
(b) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice] if (i) you are in material breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Service Provider your Quotes or services at any time fail to meet any applicable quality or eligibility criteria, (iii) as a Service Provider you have received poor Reviews or Ratings or we have received complaints about you, including where two or more times (1) you have not showed up to provide the Booking services; (2) have shown up but not provided the Booking Services; (3) your behaviour was rude or offensive; and or (4) you have cancelled Bookings,.
(c) If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Service Provider breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.
Disputes: We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Service Providers obtain appropriate insurance for supplying their services. If you are a Service Provider and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy. We will provide a green dot against your listing if you provide us with proof of your public liability insurance and a police check.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform and notifying you by email. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice. Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. Jurisdiction: Your use of our Platform and these Terms are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.