FIND A CLEANER LTD WEBSITE TERMS AND CONDITIONS - WWW.FIND-CLEANER.CO.UK

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT’S IN THESE TERMS

1. These terms tell you the rules for using our website www.find-cleaner.co.uk (our site).

WHO WE ARE AND HOW TO CONTACT US

2. www.find-cleaner.co.uk is a site operated by FIND A CLEANER LTD (”We”). We are registered in England and Wales under company number 11290983 and we have our registered office at 20-22 Wenlock Road, London, England, N1 7GU. Our ICO reference number is ZA489934.
3. We are a limited company.
4. If you have any query, please contact us via post, email at info@find-cleaner.co.uk. If we need to contact you we will do so via email provided at the time of registration.

BY USING OUR SITE YOU ACCEPT THESE TERMS

5. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
6. If you do not agree to these terms, you must not use our site.
7. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

8. These terms of use refer to the following additional terms, which also apply to your use of our site:
   1. Our Website Privacy Policy, in compliance with current legal requirements set forth in the Regulation (EU) 2016/679 (General Data Protection Regulation ‘GDPR’) and the Data Protection Act 2018 (the ‘Act’). Our Privacy Policy informs you as to how we look after your personal data when you visit our site and tells you about your privacy rights and how the law protects you.
   2. Our Cookie Policy, which sets out information about the cookies on our site.
9. Services booked through the use of our site are provided by third parties, registered cleaners. For the sake of clarity, registered cleaners are not our employees, workers, agents or alike. We shall not be taken as liable, vicariously or otherwise, for their performance, including for any loss or damage they cause.
10. FIND A CLEANER, insofar practicable, will verify cleaners before registration. However on no account we shall be taken as making any representations, endorsements, assurances, guarantees or warranties as to their suitability, competence, integrity or quality of service. We urge you to carefully read their Terms of Business (if such are existent) before you enter into a contract for services. For the avoidance of doubt, the contract for services is concluded directly between you and a cleaner.

BASIC TERMS OF USE - CONNECTING YOU WITH CLEANERS

Access and use

11. In order to use our site and FIND A CLEANER, we would ask you the following: Access our site at www.find-cleaner.co.uk -Enter your postcode -Search our cleaner base and check their profiles-Choose cleaner-Register and contact cleaner to arrange service-Pay safely after service.

Registration / Client profile

12. In order to register with us and to set up your account, you will first be asked to provide your valid email address (ID) and to create your correlated password. Before you commence using the site you will also be asked to create your individual profile providing your telephone number, full postal address and debit/credit card details. Once your profile is created details of your bookings will be available there.

Charges and fees

13. Fees – for services, please check our cleaner base and visit their profiles for quotation. If you decide to make a booking and your booking is accepted by a cleaner, a valid contract for services will be concluded. For admission to our site (registration) – we charge cleaners a one-off payment of £100.
14. All the services are paid online via Stripe. Please bear in mind that if you cancel the scheduled visit less than 48 hours before due service, the price will be taken in full.
15. Charges - in the unlike event you fail pay for the service, we may suspend or withdraw your right to use our site and/or to take any such action we deem appropriate in the circumstances, including additional charges.

Cleaning Services

16. You acknowledge, accept and abide by the rule that all bookings are to be made exclusively through the use of our site. Should you engage or attempt to engage any cleaner previously booked or found on our site on a private basis, we reserve the right to immediately cancel your right to use our site and to seek compensation for actual and/or anticipated loss and/or damages, depending on the circumstances. We may charge you an administrative fee of £500. You are not permitted to contact and/or engage our cleaner circumventing our site at all times up to six months after our relationship ended.
17. Any contractual, tortious or other liability arising out of or in connection with the services is with a cleaner, not us. Any complaints regarding the services should be raised directly with a cleaner.
18. Our cleaners are verified before we decide to register them at our site. Checks are based on information gathered from various sources in course of the verification thereof. Our liability in that respect is excluded which you hereby acknowledge and accept.
19. Our cleaners set their fees in their discretion however they are to abide by the terms of their contract with us. In accordance with the latter, a minimum hourly rate is £13. The rates are subject to regular review. We will be entitled to 15% for regular services and 25% for single services of the total amount paid to a cleaner per all hours worked, but not less than £2 and £3 respectively. We reserve the right to change our fees at any time. If such be the case, you will be notified in advance.
20. If you decide to use our regular service, i.e. on a continuous, weekly or fortnightly basis, you hereby acknowledge, accept and give undertaking to use the service for minimum 90 days, eight services, if weekly, or four services, if fortnightly. If you breach this undertaking, depending on the circumstances, we may charge you a cancellation fee for the unexpired term of the contract.
21. You acknowledge and accept that cleaners may become unavailable, either temporarily or permanently. The services may be re-arranged accordingly. We exclude our liability in respect of the foregoing.

Cancellations

22. Distance (online) contracts for services are subject to Consumer Rights Act 2015 and Consumer Contracts Regulations 2013.
23. Generally, you will have a legal right to change your mind within 14 days from the date your booking was accepted, and receive a refund, if applicable (the “cooling-off period”).
24. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
25. If you cancel after the service started we reserve the right to charge a cancelation fee, depending on the circumstances. If you want to end your contract before it is completed but your cleaner is not at fault and you are not within the cooling period, let us and your cleaner know in advance. The contract will in principle end immediately but we may charge you a percentage of the price as compensation for the costs we will incur as a result of your doing so.
26. If you cancel the agreed service less than 48 hours before its scheduled time, we reserve the right to charge a cancelation fee being an equivalent of its full price.
27. If you want to end the contract in accordance with the foregoing provisions, please let us know by completing the form at Schedule below and send it via email at info@find-cleaner.co.uk. Do not forget to inform your cleaner in advance, otherwise the service will be deemed provided and its full price due.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 15 February 2019.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect certain changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

28. Our site is made available free of charge.
29. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
30. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

31. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.
32. You must not disclose this confidential information to any third party, whether intentionally, recklessly, negligently, or otherwise. You shall be responsible for their acts and/or omissions and you hereby indemnify us on a continuing basis against any losses or damage arising as a result of their accessing and/or using your account details.
33. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
34. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

HOW YOU MAY USE MATERIAL ON OUR SITE

35. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
36. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
37. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics, including separately from any accompanying text.
38. Our status, and also that of any identified contributors, as the authors of content on our site must always be acknowledged.
39. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
40. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

INFORMATION ON THIS SITE

41. Some of the content on our site is provided for general information only. It is not intended to amount to any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
42. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

43. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
44. We have no control over and bear no responsibility with regard to the contents of those sites or resources and its use.

USER-GENERATED CONTENT IS NOT APPROVED BY US

1. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
2. If you wish to complain about information and materials uploaded by other users please contact us on info@find-cleaner.co.uk.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

47. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. For the avoidance of doubt, cleaners are not our employees, workers, agents or subcontractors. They provide their services separately under their terms of business.
48. For business users:
    1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
    2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
    3. In particular, we will not be liable for:
       1. loss of profits, sales, business, or revenue;
       2. business interruption;
       3. loss of anticipated savings or interest;
       4. loss of business opportunity,
       5. loss of or damage to goodwill or reputation;
       6. loss of or damage to any data;
       7. any indirect, special or consequential loss or damage
49. For consumer users:
    1. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    2. You shall be responsible for any breach of these terms and conditions and/or any contract made in connection with your using our site and you hereby indemnify us on a continuing basis against any liability, loss or damage, including third party claims and/or legal proceedings.
50. General exclusion of our liability- we are not responsible for any acts and/or omissions of whatever nature by any cleaners engaged or found through the use of our site.

HOW WE MAY USE YOUR PERSONAL INFORMATION

51. We will only use your personal information as set out in our Privacy Policy.

UPLOADING CONTENT TO OUR SITE

52. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with our content standards.

ACCEPTABLE USE OF OUR SITE - RULES

53. You may use our site only for lawful purposes. You may not use our site:
    1. In any way that breaches any applicable local, national or international law or regulation.
    2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
    4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    6. To interfere with other users of our site.
54. You also agree:
    1. Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of these terms and conditions.
    2. Not to access or attempt to access without authority, interfere with, damage or disrupt:
       1. any part of our site;
       2. any equipment or network on which our site is stored;
       3. any software used in the provision of our site;
       4. any equipment or network or software owned or used by any third party;
       5. the accounts of other users of our site
55. Interactive services - we may from time to time provide interactive services on our site, including, without limitation chat rooms or bulletin boards.
    1. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
    2. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
    3. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
    4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS – RULES

56. These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
57. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
58. FIND A CLEANER will determine, in its discretion, whether a Contribution breaches the Content Standards.
59. A Contribution must:
    1. Be accurate (where it states facts).
    2. Be genuinely held (where it states opinions).
    3. Comply with the law applicable in England and Wales and in any country from which it is posted.
60. A Contribution must not:
    1. Be defamatory of any person, obscene, offensive, hateful, inflammatory or threatening.
    2. Abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
    3. Promote sexually explicit material, violence, discrimination on the ground of race, sex, religion, nationality, disability, sexual orientation or age, any illegal actively.
    4. Infringe any copyright, database right or trade mark of any other person.
    5. Be likely to deceive any person, to harass, upset, embarrass alarm or annoy any other person.
    6. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    7. Impersonate any person, or misrepresent your identity or affiliation with any person.
    8. Disclose, use or collect any personal or identity information for any purposes without consent.
    9. Give the impression that the Contribution emanates from FIND A CLEANER, if this is not the case.
    10. Advocate, promote and incite any party to commit, or assist any unlawful or criminal act.
    11. Contain any advertising or promote any services or web links to other sites.
61. When we consider that a breach of these rules occurred, we may take such action as we deem appropriate.
62. Failure to comply with these rules constitutes a material breach of these terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
    1. Immediate, temporary or permanent withdrawal of your right to use our site.
    2. Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
    3. Issue of a warning to you.
    4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    5. Further legal action against you.
    6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
63. We exclude our liability for all action we may take in response to breaches of these rules. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
64. You warrant that any such contribution does comply with these rules, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
65. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are generally described in Rights you are giving us to use material you upload.
66. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
67. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these rules.
68. You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

69. When you upload or post content to our site, you grant us the following rights to use that content:
    1. A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that content in connection with the service provided by our site and across different media and/or to promote our site or the services.
70. Our rights to use will not expire once the content has been deleted from the site by the user.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

71. We do not guarantee that our site will be secure or free from bugs or viruses.
72. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
73. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
74. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We also reserve the right to claim loss and damages, as assessed.

RULES ABOUT LINKING TO OUR SITE

75. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
76. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
77. You must not establish a link to our site in any website that is not owned by you.
78. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
79. We reserve the right to withdraw linking permission without notice.
80. The website in which you are linking must comply in all respects with our permissible use and content standards.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

81. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
82. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OTHER IMPORTNANT TERMS

83. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms. If you wish to transfer your rights and obligations under these terms of use to another person, a written permission from us is required.
84. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
85. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

THE SCHEDULE

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To FIND A CLEANER LTD

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Ordered on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate