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Terms and Conditions

Introduction

Spruced Homes provides access for customers to independent cleaning professionals. Using Spruced Homes is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  • Agreement means the agreement formed between the Customer and the Company under, and on the terms of, this Terms of Service.
  • ABN means Australian Business Number.
  • ACN means Australian Company Number.
  • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
  • Corporations Act means the Corporations Act 2001 (Cth).
  • Company means Spruced Homes Pty Ltd trading as Spruced Homes ABN 83632770588.
  • Customer means an individual or business entity which contacts Spruced Homes and books a Spruced Homes Job.
  • Confidential Information means any written or verbal information that:
    • Is about each party’s business or affairs;
    • Is about the conduct of each party under this Agreement and the during the term of this Agreement;
    • A party informs the other party that it considers it confidential and/or proprietary;
    • A party would reasonably consider to be confidential in the circumstances; and
    • Is personal information within the meaning of the Privacy Act. but does not include information that a party can establish:
    • Was in the public domain at the time it was given to that party;
    • Became part of the public domain, without that party’s involvement in any way, after being given to the party;
    • Was in party’s possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
    • Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
  • Corporations Act means the Corporations Act 2001 (Cth).
  • Equipment & Materials means any equipment (such as vacuums etc) and materials (such as cleaning products, cloths etc) necessary for a Spruced Homes Job.
  • GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  • Location means the address of the Customer or other location where the Service Provider is to attend the Spruced Homes Job.
  • Privacy Act means the Privacy Act 1989 (Cth).
  • Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at http://www.sprucedhomes.com.au/public/privacy.
  • Recipient Created Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Cleaner (or Service Provider) means a party that undertakes Spruced Homes Jobs for Customers, and has entered into a Service Provider agreement with the Company.
  • Service Provider Agreement means an agreement between the Company and a Cleaner setting out the terms on which the Cleaner may provide services to Customers via Spruced Homes.
  • Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Terms of Service means the terms and conditions of using Spruced Homes, as updated from time-to-time, which can be found at http://sprucedhomes.com.au/terms-conditions/
  • Spruced Homes Job means any domestic or commercial service (cleaning etc) booked by a Customer via Spruced Homes.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

The Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise

Using Spruced Homes

  • To use Spruced Homes, the customer must contact and make an appointment through the website portal, email or phone and have their booking confirmed with payment details provided.
  • The customer agrees that all use of Spruced Homes, and all Spruced Homes Jobs booked through Spruced Homes, are subject to these Terms of Service.
  • When a cleaner accepts a Spruced Homes Job from a Customer, that forms an independent agreement between the Service Provider and the Customer on the terms set out in this Agreement.
  • Anyone over the age of 18 may use Spruced Homes to request and book Spruced Homes Jobs in the areas in which Service Providers operate.
  • Only Service Providers with a current Service Provider Agreement with the Company may undertake Spruced Homes Jobs via Spruced Homes.
  • The Customer acknowledges that each Spruced Homes Job is performed independently by the Service Provider, and that the Company does not provide any of the services in a Spruced Homes Job directly to the Customer.
  • The Customer acknowledges and accepts that the independent Service Provider may encounter unforeseen issues that impact the date/time of their arrival and the completion of the work. The Service Provider endeavours to make contact and raise any delays to the client as soon as reasonably able via any of the clients contact methods (call, text, email). For clients with guests arriving to their property, the client agrees that the company is not liable for any losses (including monetary), cancellations or poor reviews from the result of the delayed clean by the Service Providers regardless of how long the delay could be. The company will assist in finding a new Service Provider as soon as it is reasonably able to do (i.e. during standard office hours), if a new Service Provider can complete the work before the original Service Provider.
  • Spruced Homes enables Customers to:
    • Request and book Spruced Homes Jobs with Service Providers;
    • Make payments to Service Providers.
    • Spruced Homes enables the Service Provider to:
    • Receive requests from Customers for Spruced Homes Jobs;
    • Accept and reject requests for Spruced Homes Jobs;
    • Log work undertaken and confirm completion of Spruced Homes Jobs;

Making a Booking

  • To book a Spruced Homes Job, the Customer may contact Spruced Homes via email, phone or website.
  • The Spruced Homes Job Request will ordinarily be confirmed as soon as possible, and within 24 hours. No request is accepted until a confirmation is sent from Spruced Homes to the Customer.
  • The Company does not guarantee that a Service Provider will accept any Spruced Homes Job Request.

Terms of Access

  • The Customer is responsible in providing access for Service Provider at the location of the Spruced Homes Job on the date of the booking. Please see the below section ‘Changes to Bookings, Cancellations and Fees’ for failure to provide access to a Service Provider for a booking.
  • If a Customer requires a key to be collected from a different location from that of the Spruced Homes Job, any time and cost involved in the key collection or drop-off is charged to the Customer at the Service Providers standard rate.
  • The Customer may choose to leave a key out for the Service Provider or provide the Service Provider with a key to keep and use for future cleans. In doing so, neither the Service Provider nor Spruced Homes accept responsibility for the security of the property and it belongings, or liability for loss of the key. By providing a Service Provider with a key for access, the Customer knowingly accepts all responsibility for their properties security.
  • If the Customer chooses to provide the Service Provider with a key, the key will not be labeled with the properties address.
  • The Service Provider is responsible to leave windows and doors of a property, locked in the same manner as they were found. The Service Provider is not responsible for the security of doors & windows they have not used.

Undertaking the Spruced Homes Job

  • The Service Provider endeavors to arrive at the Location between the agreed times with the customer
  • The Service Provider will undertake the Spruced Homes Job to a professional standard, for the outcome booked in the Spruced Homes Job. Where a Spruced Homes Job is not completed to a satisfactory standard (as determined by the Company, acting reasonably) the Service Provider will rectify the issue at the earliest availability.
  • The Customer must ensure that it provides the Service Provider with a safe working environment, whether in a domestic or commercial setting. Without limitation, the Customer agrees to safely restrain all animals, ensure that all electrical equipment is in safe working order (and approved for use), there are no dangerous environments (such as live exposed electricity), and there are no unannounced persons in the Location.
  • The Customer agrees that upon making a booking for a Spruced Homes Job, they are authorizing the Service Provider to enter the Jobs location to perform the requested booking, using the materials and equipment the Service Provider brings with them or provided by the client.
  • The Customer agrees that upon entering the Jobs location and completing tasks according to the booking and Customer instructions, the Service Provider is not liable for wear and tear to the property or belongings.
  • The Service Provider is responsible for completing all services as part of the requested work and follow instructions from the client, in an attentive and careful manner and is responsible for any damage caused by negligence (as determined by the Company, acting reasonably).
  • The Company nor Service Provider take any responsibility for the customers possessions. We strongly recommends Customers to remove from the working area of their service any valuable items and store these away from where the service provider will operate.
  • The Service Provider shall not be liable for any breakage if such breakage was genuinely accidental and in the course of providing the Spruced Homes Job. If it is proven that the Service Provider has acted negligently and we have been informed within 24hrs the Customer agrees that the Service Provider shall have the first right to rectify, repair or resupply services to remedy any damage or incomplete work. The Company, nor the Service Providers, can not assist or be liable for issues raised after 24hrs of the service. If you cannot attend the property within 24hrs of the service we highly recommend seeking a third-party to assist you in checking for any issues and raising these with us immediately.

Changes to Bookings, Cancellations and Fees

  • The Customer can easily make changes to a Spruced Homes Job through the website, email or phoning our business landline (found on our website & emails)
  • The Customer can reschedule, amend, change or cancel an appointment without penalty or charge, when we have received notification at least 24hours prior to the appointment time (if no time is given, then 8am of the day of the appointment). For example, a Thursday appointment must be cancelled by 8am on Wednesday to avoid any cancellation fees.
  • If the Customer fails to provide at least 24 hours notice and cancels the Spruced Homes Job, the Customer accepts they will be charged up to 50% of the booking total, with a minimum cancellation fee of $50 for the recovery of administrative, organizational expenses and the loss resulted from the appointments reservation.
  • Upon arrival of the Service Provider on the agreed day, if the Customer is unable to provide access then the Customer accepts the full service fee of their booking (incl GST) for the reservation of the Service Providers time and travel costs incurred. The Service Provider and Spruced Homes agree to make all reasonable effort to contact the Customer in order to find alternative methods of entry. Contact with the Customer is made via the contact details provided in booking the Spruced Homes Job. The Service Provider will wait a reasonable amount of time (as determined by the Company) to try and gain access. If access is eventually provided, additional waiting time is applied to the Customers invoice for the job. After attempting contact and waiting a reasonable time-frame, if the Customer cannot be reached then the Service Provider will move to the next job if they can gain access and a full appointment charge to the client is applied. Please note that where the delay impacts other clients appointment time, the Company reserves the right to cancel the delayed appointment, charging all waiting times for the cleaner in their attempt to gain access.
  • Where a Service Provider is unable to attend a Spruced Homes Job, the Company shall seek to find a replacement Service Provider, however if an alternate Service Provider cannot be found, the Company shall not be liable to the Customer (and no charges from Spruced Homes Job will occur).

Feedback and Claims

  • The Customer agrees to provide accurate information and to not unreasonably give a Service Provider or a Spruced Homes Job a poor review.
  • If the Customer is unsatisfied with the standard of a Spruced Homes Job, the Customer must first discuss the matter with Spruced Homes who acts as an intermediary with the Service Provider. Spruced Homes shall endeavour to resolve the matter within 2 Business Days whilst they discuss the Job with the Service Provider and determine how the Service Provider would like to proceed in remedying their unsatisfactory work.
  • All services are considered provided to an acceptable standard unless advised within 24hours of the service.
  • The Customer agrees to allow a re-clean or an inspection of any work deemed unsatisfactory before they arrange a third party to conduct the services.

Linen Hire & Laundry Services

  • When hiring Linen & Bath items from Spruced Homes all hire periods are 1-14 days. On the 15th day the full charge of linen hire is applied again and repeats until the linen & bath items are returned or collected (collection fees apply when outside of a cleaning service).
  • All hired items must be returned in the same condition they were hired in. Any stained, missing or damaged items are charged to the client at the items replacement cost including any postage & packaging fees relating to their delivery.
  • When hiring bed linen & towelling from Spruced Homes a client must remove all of their own bed linen and towelling from the property. If a client fails to complete this step and leaves any items at the property the Customer accepts and take on full responsibility for their items and whether they are lost, misplaced, stained or damaged. The Company, nor the Service Provider, takes any responsibility for linen and towelling not belonging to the company and this includes the accidental interchange of hired items and clients items.
  • When providing Airbnb services, Spruced Homes does not take responsibility for the Customers linen used by themselves, their Guests or kept at the property.
  • The Customer acting as an Airbnb Host acknowledges and agrees that they are responsible for any loss and/or damage to their linen while it is at their property , being packed, transported or whilst at the launderette for washing, to or from the property. Customers understand that in providing their linen there is inherent risk of a third-party miss-placing, taking, or damaging the item and so the Customer knowingly waives all responsibility from Spruced Homes and the Service Providers.
  • When using the Spruced Homes laundry services, each property has its own uniquely labeled laundry bag(s) which all used sheets, towels and mats get placed and delivered to the launderette for washing, drying and folding. The launderette returns the washed items to the same (labeled) bag(s) which the Service Provider will collect & deliver back to the property at the next visit. In performing this delivery function for the Customer, Spruced Homes accepts no liability for any loss and/or damage of the Customers linen.
  • Spruced Homes strongly recommends that all Customers acting as hosts remove excess linen, towels and mats from their property to reduce over use or missing items. The Service Providers will remove all dirty and wet items and place them into the labeled bags for delivery to the launderette. The launderettes final charge for number of washes is passed onto the Customer.

Fees, Payments and Refunds

  • The Customer shall pay the Company the Spruced Homes Job Fee for a Spruced Homes Job undertaken by a Service Provider. The Company will issue a Tax Invoice to the Customer for the Spruced Homes Job Fee via Spruced Homes email. All payments for a Spruced Homes Job must be made through Spruced Homes (or at the Company’s discretion, directly to the Company).
  • All payments must be received within 48hours of the jobs completion. Administrative charges of $2.50 per day apply to all aged invoices beyond 48-hours, unless otherwise formally agreed with the Company.
  • Payment of the Spruced Homes Job Fee will be charged to the Customer’s debit or credit card following the Spruced Homes Job.
  • Payment of Spruced Homes Job Fees shall be made by the Company to Service Providers in accordance with the Service Provider Agreement.
  • Spruced Homes will provide a refund or credit of some or all of the Spruced Homes Job fee (as appropriate) where, by no fault of the Customer, the Spruced Homes Job is not performed or cannot be satisfactorily completed. Otherwise, no other refunds are provided except where required under law.

Direct contracting between customers and service providers

  • Without the written consent of the Company, the Service Provider shall not directly contract to provide services to a Customer outside of the Platform (and thereby exclude the Company) within 12 months of the last day that the Service Provider attended a Spruced Homes Job at the relevant Customer. Where such a direct relationship is formed (bypassing the Company in the transaction) without the consent of the Company, the Customer agrees to pay to the Company 30% of the Spruced Homes Job Fees that would have applied had those services been undertaken as Spruced Homes Jobs.
  • The Company will issue a Tax Invoice to the Customer for all such fees payable to the Company under clause 4.1.

Relationship

  • The parties agree that the Service Provider is an independent contractor to the Customer. Each Service Provider and Customer is responsible to each other with respect to each Spruced Homes Job. The parties acknowledge and agree that:
    • The Service Provider is not an employee or subcontractor of the Company, and the Service Provider does not provide any services to Customers on behalf of the Company;
    • The Company is only the Service Provider’s agent for the purpose of arranging Spruced Homes Jobs and receiving payments from the Customer;
    • The Service Provider is not an employee of the Customer or the Company; and
    • The Company is not an agent of the Customer.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

The Services offered by The Company is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia

Modification of Terms

  • The parties agree that the Service Provider is an independent contractor to the Customer. Each Service Provider and Customer is responsible to each other with respect to each Spruced Homes Job. The parties acknowledge and agree that:
  • The terms of this Agreement may be updated by the Company from time-to-time.

Privacy

  • The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the Customer.
  • The Privacy Policy does not apply to how a Service Provider handles personal information. If necessary under the Privacy Act, it is the Service Provider’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

Data

  • The Company takes the security of Spruced Homes and the privacy of its Customers very seriously. The Client agrees that the Client shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  • The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Client to ensure that any transmission standards meet the Client’s operating and legal requirements.
  • Data that is stored by the Company shall be stored according to accepted industry standards.
  • The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Client Data from any period of time unless so stated in writing by the Company.

Intellectual Property

  • The Company has moral & registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
  • Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Spruced Homes.
    • Copy Spruced Homes or the services that it provides for the User’s own commercial purposes; and
    • Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Spruced Homes or any documentation associated with it.
  • All content submitted to the Company, whether via Spruced Homes or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Spruced Homes.

Disclaimer of Third Party Service and Information

  • The Customer acknowledges that Spruced Homes Is dependent on third-party services, including but not limited to:
    • Banks, credit card providers and merchant gateway providers;
    • Telecommunications services;
    • Hosting services;
    • Email services; and
    • Analytics services.
  • The Customer agrees that the Company shall not be responsible or liable in any way for:
    • Interruptions to the availability of Spruced Homes due to third-party services; or
    • Information contained on any linked third party website.

Limitation of Liability and Indemnity

  • The Customer agrees that it uses Spruced Homes at its own risk.
  • The Companys total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that The Company, its affiliates, service providers, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss

  • The Customer acknowledges that Spruced Homes does not make Spruced Homes Jobs on its own behalf.
  • The Customer acknowledges that the Company is not responsible for the conduct or activities of any Service Provider and that the Company is not liable for such under any circumstances.
  • The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customers use of or conduct in connection with Spruced Homes, including any breach by the User of these Terms.
  • In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Spruced Homes, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
  • Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
    • The re-supply of services or payment of the cost of re-supply of services; or
    • The replacement or repair of goods or payment of the cost of replacement or repair.

Termination

  • Termination does not affect any of the rights accrued by a party prior to termination, and he rights and obligations under clauses 6.8, 6.11 and 6.12 survive termination of this Agreement.
  • Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
  • Either party may terminate this Agreement by giving the other party written notice.

Dispute Resolution

  • If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
    • Includes or is accompanied by full and detailed particulars of the Dispute; and
    • Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
  • Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
  • Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
  • Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
  • Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

Electronic Communication, Amendment and Assignment

  • The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
  • The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Customer of a change of details from time-to-time.
  • The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
  • A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
  • Notices must be sent to the parties’ most recent known contact details.
  • The Customer may not assign or otherwise create an interest in this Agreement.
  • The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

General

  • Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
  • To the extent this Agreement is in conflict with, or inconsistent with, the terms of a Service Provider Agreement, or any Special Conditions made under this Agreement, as relevant, the terms of those other agreements or Special Conditions shall prevail.
  • Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
  • The relationship of the parties to this Agreement does not form a joint venture or partnership.
  • The relationship of the parties to this Agreement does not form a joint venture or partnership.
  • No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  • Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
  • Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Severability

Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.