Find My Cleaners – Terms and Conditions
In these Terms and Conditions, “the Company/we/us/our” refers to Find my cleaners, whose registered address is Gloucestershire GL52 5AA
These Terms and Conditions apply to all providers of cleaners (“you/your”) using our Website to introduce cleaners to our customers.
Please read these Terms and Conditions carefully. You agree to comply with and be bound by these Terms and Conditions upon your first use of the Website. If you do not agree to all of these Terms and Conditions, you must not use the Website.
1. Definitions and Interpretation:
In these Terms and Conditions, the following expressions have the following meanings:
“Your Data” means the data inputted to the Website by you (or you authorised agents), authorised users, or us on your behalf, for the purpose of using the Website or facilitating your use of the Website;
“Cleaner” means the person offering their cleaning services via the Website
“Website” means www.findmycleaners.co.uk
1.1 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.1.1 “writing” and “written” includes emails;
1.1.2 a statute is a reference to that statute as amended or re-enacted at the relevant time;
1.1.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.1.4 a clause refers to a clause of these Terms and Conditions;
1.1.5 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.2 The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.
1.3 Words imparting the singular number include the plural and vice versa. References to any gender include the other gender. References to persons include corporations.
2. Access to our Site
2.1 Access to our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.3 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. Except in accordance with our Terms and Conditions of Membership (copies of which are available on request), we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
3.1 Certain parts of our Site may require an Account in order to access them.
3.2 You may not create an Account if you are under 18 years of age.
3.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
3.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.
3.5 Any personal information provided in your Account will be collected, used and held in accordance with your rights and our obligations under the law, as set out in clause X.
3.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of our Site requiring an Account for access.
3.7 If you have a ‘Find a Cleaner’ account this is free of charge.
3.8 If you have a ‘I’m a Cleaner’ account then fees are payable in accordance with Clause 6
4. ‘I’m a Cleaner’ Account
4.1 If you wish to use our Website to advertise your cleaning services, you will need to apply by creating a profile and uploading images and information about yourself. We will decide whether to approve your application, normally within 48 hours. The profile will not appear publicly unless and until we give you this approval.
4.2 All proprietary rights in the Website remain with us. You must not:
4.2.1 attempt to copy, modify, duplicate, create derivative works from, reverse compile, disassemble, reverse engineer, frame, mirror, republish, transmit, or distribute all or any portion of the Website in any form or media or by any means;
4.2.2 access all or any part of the Website in order to build a product or service which competes with the Website;
4.2.3 sub-license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Website available to any third party; however you are actively encouraged to share your profile on social media accounts
4.2.4 attempt to obtain, or assist third parties in obtaining, access to the Website other than as provided under this clause 3.
4.3 We do not warrant that your use of the Website will be uninterrupted or error-free; nor that the Website will meet your requirements.
4.4 We are not responsible for any delays, failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4.5 You must use all reasonable endeavours to ensure that your log-in details for the Website are kept confidential and are not used by any third party.
4.6 You must not access, store, distribute or transmit any viruses or any material while using the Website that:
4.6.1 is discriminatory, unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or offensive;
4.6.2 facilitates illegal activity;
4.6.3 depicts sexually explicit images;
4.6.4 promotes unlawful violence; or
4.6.5 causes or may cause damage or injury to any person or property
and we reserve the right, without liability to you, to remove any material that breaches the provisions of this clause.
4.7 Cleaners may be rated by genuine customers and anything below 3 stars will prompt a review by us. Should the review be proven to be inaccurate then we reserve the right to not publish the review.
4.8 We reserve the right, at any time and without giving you notice, to temporarily disable or permanently close your account and delete your profile for any reason, at our sole discretion.
5.1 Cleaners must ensure that all the images and information provided are accurate, kept up-to-date and show a true and current representation of themselves.
5.2 When contact is made, the Cleaner will receive an email confirmation.
5.3 The contract for services is between the Cleaner and the Customer and is not formed via the Website
5.4 The relationship built via the Website is between the Cleaner and the Customer and after this there is no further involvement from Find My Cleaners.
6. Payment for Cleaners only
6.1 Once the Account has been created the Contract is formed, we will immediately grant you a non-exclusive, non-transferrable licence to use our Website solely for your own internal business operations, within the bounds of these Terms and Conditions.
6.2 Use of the Website is free, a basic profile is free but a fee is payable for an upgraded subscription through the Website.
6.3 Payment for an upgrade will be due monthly in advance by Stripe.
6.4 You agree to the terms of the package you choose.
6.5 The Upgrade Package Contract will continue on a rolling monthly basis until it is terminated in accordance with clause 7.
6.6 Any other upgrades will continue for the minimum agreed Term and thereafter the Contract will be automatically renewed for the same period as set out in the original Term, on the same Terms and Conditions as set out in this Contract (with the exception of the price) on a rolling basis unless a written notice to terminate is given by either party in accordance with clause 7 below.
6.7 Should you wish to change the Package you are on you may do so by giving 30 days’ notice.
6.8 We reserve the right to review our fees periodically and will provide you with a minimum of 30 days’ notice of any change in the fees before such change will take effect.
6.9 All sums payable by either Party are exclusive of VAT at the current rate, where applicable. All payments are to be made in pounds sterling without any set-off, withholding or deduction. Any amendment to the standard VAT rate will be notified in writing and subsequent payments adjusted accordingly.
7.1 The Contract will continue on a rolling monthly basis, unless either Party gives the other written notice. Such notice is to be given a minimum of 30 days before the end of the then-current Term, and will be effective only at the end of that Term.
7.2 Either Party may terminate the Contract immediately by giving written notice to the other if the other Party commits any serious breach of any term of this Contract and (if the breach is capable of being remedied) has failed to remedy the breach within 7 days after receiving a written request to do so.
7.3 Upon termination, your access and licence to use the Website will terminate immediately and we will irretrievably delete any of Your Data contained on the Website.
7.4 Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract shall survive termination on a pro-rata basis.
7.5 The rights to terminate this Contract given by this clause 7 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
8.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
8.2 Except as provided in clause 8.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained here, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are expressly excluded to the maximum extent permitted by law.
8.3 In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you for the use of the Website in the 6 months preceding the date on which the alleged claim arose.
8.4 The Website allows customers to book your cleaners based on data inputted by you. We accept no liability for any unsuitable bookings where you have incorrectly entered information (whether accidentally or deliberately) or where changes have occurred that you have not updated.
8.5 We accept no liability should you not receive any customers via the Website and it is your responsibility to keep your profile updated, share your profile onto social media platforms and do so to the best of your ability.
9. Confidentiality: Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain confidential information to each other. Both parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under this Agreement. Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other Party in writing.
10. Data Protection
10.1 All parties agree to comply at all times with the General Data Protection Regulation 2016 and any amendments to it. In particular, in relation to our customers’ data, you must:
10.1.1 not store the customer/cleaners details or use them in any way other than to secure a potential booking
10.1.2 amend and/or delete all personal data on request, whether by us or the customer/cleaner;
10.1.3 not leave any personal data unattended, on view or otherwise accessible;
10.1.4 encrypt all your emails and implement other technologies in accordance with good practice in cybersecurity; and
10.1.5 otherwise handle all personal data with due care.
11. Force Majeure: Neither Party will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
12. No Agency or Partnership: These Terms and Conditions and the Contract between you and us does not constitute or imply any partnership, joint venture, agency or other relationship between the Parties other than the contractual relationship expressly provided for in these Terms and Conditions.
13. Notices and Communications
13.1 We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of our Website from the date the new version is published on our Website. Please check our Website regularly to ensure you are familiar with the current version.
13.2 All notices are to be made in writing, addressed to the most recent address or email address notified to the other Party. Notices will be deemed to have been duly given: when delivered, if delivered by courier or registered mail during the normal business hours of the recipient; when sent, if transmitted email and a successful return receipt is generated; or on the fifth business day following mailing, if sent by national ordinary mail, postage prepaid.
14. Nature of the Agreement
14.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
14.3 Each Party acknowledges that it does not rely on any representation, warranty or other provision except as expressly provided in this Contract. This Contract constitutes the entire Contract between you and us with respect to its subject matter and supersedes all proposals, representations, understandings and prior Contracts, whether oral or written, and all other communications between us relating to that subject matter.
14.4 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.5 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.
14.6 No failure or delay by either party in exercising any rights under the these Terms and Conditions or the Contract means that we or you have waived that right, and no waiver by either party of a breach of any provision of these Terms and Conditions or the Contract means that we or you will waive any subsequent breach of the same or any other provision.
15. Law, Jurisdiction and Dispute Resolution
15.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
15.2 You recognise that our business relies upon the protection of our Intellectual Property Rights (“IPR”). In the event of a breach or threatened breach of IPR, we will be caused irreparable damage and may therefore be entitled to injunctive or other equitable relief in order to prevent a breach or threatened breach of our IPR.
15.3 With respect to all other disputes which are not IPR related, the following clauses 14.4 – 14.6 shall apply.
15.4 Where there is a dispute, the aggrieved Party shall notify the other Party in writing of the nature of the dispute with as much detail as possible about the issue. A senior representative of each of the Parties shall communicate within 7 days of the date of the written notification in order to reach an agreement about the nature of the issue and the corrective action to be taken by the respective Parties.
15.5 If the Parties cannot resolve a dispute in accordance with clause 14.4, they shall seek to resolve the dispute or difference amicably using an Alternative Dispute Resolution (“ADR”) procedure acceptable to both Parties before pursuing any other remedies available to them. If either Party fails or refuses to agree to or participate in the ADR procedure or if in any event the dispute is not resolved to the satisfaction of both Parties within 30 days after it has arisen, the matter shall be settled in accordance with the procedure below.
15.6 If the Parties cannot resolve the dispute by the procedure set out above, the Parties shall irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the purposes of hearing and determining any dispute arising out of the Contract.