Whizz Technologies Pty Ltd Website and Mobile Phone Application Terms and Conditions

BACKGROUND

Whizz Technologies Pty Ltd (A.B.N. 12 603 191 813) ("Whizz") operates an online platform at www.whizz.com.au (the "Website") as well as mobile applications, through which customers ("Users") can book a Cleaner for the provision of cleaning services ("Cleaning Services"), by submitting a Booking Request. Whizz then matches the most suitable Cleaner from its database of Cleaners to the Booking Request.

This is a contract between Whizz and the Users.

The Cleaner is in the business of providing Cleaning Services.

Whizz enters into agreements with Users for and on behalf of Cleaners for provision of Cleaning Services to Users.

The User enters into two contractual relationships. The first contract being with Whizz, governing the access to and use of the Website and mobile phone applications in accordance with the terms and conditions of this Agreement. The second contract being with Whizz as agent for the Cleaner for the provision of the Cleaning Services ("Cleaning Agreement").

The User is deemed to have entered into this Contract and a contractual relationship with Whizz through the making and acceptance of a Booking.

AND THE PARTIES HEREBY AGREE:

Access to and use of the Website mobile phone applications is subject to the terms and conditions outlined in this agreement (the "Terms").

1. Definitions and Interpretation

1.1. In these Terms (including the recitals), unless the context otherwise requires:

"Booking" means the booking made by you on the Website or mobile phone applications for the provision of Cleaning Services;
"Booking System" means the online system which enables you to make a Booking;
"Cleaning Fee" means the fee, as advised by Whizz from time to time, (inclusive of goods and service tax, if applicable) for the Cleaning Services charged and invoiced by Whizz;
"Intellectual Property Rights" means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website and/or mobile phone applications;
"Site Content" means all material, content and information made available on the Website and/or mobile phone applications including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
"you", "your" means you as the user of the Website or mobile phone application.

1.2. In these Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Eastern Standard Time;
(j) "includes" is not a word of limitation; no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(k) a reference to any thing is a reference to the whole and each part of it;
(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(m) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.

2. Terms and Conditions

2.1. Access to and use of this Website and mobile phone application is governed by these Terms.

2.2. Whizz periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and mobile phone applications, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website and/or mobile phone applications after any such changes are made will be deemed to constitute your acceptance of those changes.

2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other operated by third parties that appear on the Website or mobile phone applications ("Third Party Sites") are not controlled by Whizz and do not form part of the Website or mobile phone applications. You agree that you will not hold Whizz liable or in any way accountable for anything that occurs on any Third Party Site.

3. Acceptance

3.1. In order to use this Website or mobile phone applications and make a Booking, you must first agree to the Terms.

3.2. You accept the Terms by:

    (a) creating a User Profile; and
    (b) clicking to accept/agree to the Terms.

3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website or mobile phone applications if:

    (a) you are not of legal age to form a binding contract with Whizz; or
    (b) you are a person barred from entering into contracts under legislation,

in which case, you must immediately leave the Website or mobile phone applications.

3.4. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.

3.5. If you do not understand any part of the Terms you should seek independent legal advice.

4. User Profile

4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Website or mobile phone applications in order to make a Booking ("User Profile").

4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Cleaning Services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.

4.3. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website or mobile phone applications and the Booking System will be true and accurate at all times.

4.4. Whizz may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

5. Booking System

5.1. To make a Booking you must login to your User Profile and use the Booking System to request a Booking. You will receive a Booking confirmation, tax invoice/receipt and the Cleaning Agreement that constitutes the contractual relationship between you and Whizz as agent for and on behalf of the Cleaner that you are deemed to have entered into for the provision of the Cleaning Services.
5.2. Whizz will then make your contact details, location, requested time and the scope of the Cleaning Service available to their Cleaner network. An available Cleaner will then confirm their acceptance of the Booking.

5.3. You are able to request a preferred Cleaner. Whizz will take your preference into account when facilitating the Cleaning Service, however a specific Cleaner cannot be guaranteed and will depend on the Cleaner’s availability.

5.4. When a Booking is confirmed by a Cleaner, Whizz will notify you.

5.5. If the requested Cleaner cannot fulfill your Booking, Whizz will arrange an alternative Cleaner for the requested Booking time.

5.6. If the requested Booking cannot be facilitated, Whizz will arrange an alternative time for the Cleaning Service with you and a Cleaner.

5.7. You are not permitted to engage the Cleaning Services of a Cleaner other than through the Booking System on the Website or mobile phone applications.

5.8. The Booking System is provided on the Website or mobile phone applications to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.

5.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.

5.10. Whizz has the right at any time to add, change or withdraw functions available on the Website or mobile phone applications at its own discretion.

6. Payment

6.1. You agree that at the time of the first Booking, your payment details will be transferred to Whizz’s secure payment gateway. Upon the successful Booking, Whizz will take payment for the Booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

6.2. If you making a recurring Booking, your payment details will be transferred to Whizz’s secure payment gateway 72 hours prior to the scheduled Cleaning Services in the recurring booking, Whizz will take payment for the Cleaning Services. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

6.3. On receipt of the Cleaning Fee, Whizz will hold the Cleaning Fee on behalf of the Cleaner until such time as it accounts to the Cleaner, pays a refund to you (if you are entitled to a refund) or credits payment of our fees and charges. No interest will be payable by Whizz to you or the Cleaner on amounts held by Whizz.

6.4. Whizz, on behalf and in the name of the Cleaner, will issue you with a tax invoice.

6.5. If the User is entitled to a refund, as per the Cleaning Agreement, Whizz will process the refund within 48 hours of the right to the refund arising.

7. Changes and Cancellations

7.1. You can cancel or amend a Booking free of charge, up to 24 hours before the Cleaning Service is scheduled to begin.

7.2. If you cancel or amend a Booking within 24 hours before the Cleaning Service is scheduled to begin, you will have to pay cancellation costs equivalent to the value of the total booking fee

7.3. You cannot amend, extend or cancel a Booking during the performance of the Services.

7.4. The Cleaning Agreement shall expire once the Cleaning Services under the Booking have been performed.

7.5. If the Cleaner is unable to fulfill a confirmed Booking (in full or part), Whizz will attempt to find you a replacement Cleaner. If we cannot find you an alternative Cleaner, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.

8. Cleaning Services

8.1. Whizz operates the Website and mobile phone applications as a third party facilitator for the Cleaning Services and provides you with the platform to purchase the Cleaning Services.

8.2. Whizz is not an agent or broker for you. You enter into any transaction with Whizz on behalf of a Cleaner entirely at your own risk.

8.3. Whizz uses their best efforts to monitor the Cleaning Services offered by a Cleaner. However, Whizz does not make any representation as to the safety, quality, condition or description of any products used or Cleaning Services provided by Cleaner. Any issues regarding safety, quality, condition or description should be notified to Whizz, who will then pass the issue onto the Cleaner designated to your Booking. You should refer to the terms and conditions of your Cleaning Agreement for further information.

8.4. All bookings are subject to Cleaner availability.

 

9. Termination

9.1. Whizz may at its discretion terminate your use of, or access to, the Website or mobile phone applications at any time. If this happens we may notify you by email. If your use of the Website or mobile phone applications is terminated:

    (a) you are no longer authorised to access the Website or mobile phone applications or use any other Whizz services with the email address you used to register with the Website or mobile phone applications or any other email address you possess;
    (b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
    (c) all licences granted by you and all disclaimers by Whizz and limitations of Whizz’s liability set out in the Terms or elsewhere on the Website or mobile phone applications will survive termination.

9.2. You may terminate this agreement by emailing Whizz at operations@whizz.com.au Whizz will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.

9.3. Whizz reserves the right to deduct any outstanding fees and charges owing to Whizz and/or the Cleaner on your User Profile prior to disabling it.

10. Dispute Resolution Policy

10.1. Whizz will use reasonable endeavours to mediate any dispute concerning the use of the Website or mobile phone applications.

10.2. Disputes in relation to the Cleaning Services carried out by a Cleaner or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

11. Security of Payment

11.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. Whizz does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

12. Privacy

12.1. In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.

12.2. Whizz collects and stores Personal Information you enter into the User Profile. Personal Information collected by Whizz will be maintained in accordance with our Privacy Policy available on the. www.whizz.com.au/privacy

12.3. You agree that Whizz will disclose your Personal Information, including your name and address to the Cleaner in order for the Cleaner to carry out the Cleaning Services.

12.4. Both parties must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

13. Intellectual Property

13.1. The Site Content is protected by copyright and Whizz reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website and/or mobile phone applications.

13.2. By accepting the Terms, you are granted a non-exclusive licence to:

    (a) view the Website and/or mobile phone applications;
    (b) print pages from the Website and/or mobile phone applications in its original form; and
    (c) download any material from the Website and/or mobile phone applications for caching purposes only.

13.3. You must not, without Whizz’s prior written consent which may be withheld at its absolute discretion:

    (a) copy, republish, reproduce, duplicate or extract Site Content;
    (b) redistribute, sell, rent or licence any Site Content; or
    (c) edit, modify or vary the Site Content.

14. Acceptable Use

14.1. You must not use, or cause this Website or mobile phone applications to be used, in any way which:

    (a) breaches any of these Terms;
    (b) infringes Whizz’s or any third party’s Intellectual Property Rights;
    (c) is fraudulent, illegal or unlawful; or
    (d) causes impairment of the availability or accessibility of the Website or mobile phone applications.

14.2. You must not use, or cause this Website or mobile phone applications to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:

    (a) spyware;
    (b) computer viruses;
    (c) Trojans;
    (d) worms;
    (e) keystroke loggers; or
    (f) any other malicious computer software.

15. Indemnity and Liability

15.1. General indemnity

You agree to indemnify Whizz, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which Whizz may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.

15.2. General limitation of liability

We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Website or mobile phone applications.

15.3. Cleaning Services Liability

To the extent permitted by law, Whizz will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Cleaning Services.

15.4. Information accuracy

You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Website or mobile phone applications, and that Whizz does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).

15.5. Acceptance

By using this Website or mobile phone applications, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.

16. Warranties and Representations

16.1. The use of this Website or mobile phone applications is at your own risk. The Site Content and everything from the Website or mobile phone applications is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.

16.2. None of Whizz’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website or mobile phone applications.

17. General Provisions

17.1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

17.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

17.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

17.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.