Clients – Terms & Conditions
The following terms and conditions (“Terms”) form a legal agreement between Clients (“You” or “Your”) and CleanConnect Pty Limited (ACN 162 436 991), trading as CleanConnect (“CleanConnect”, “Us”, “We” or “Our”) for the use of the Website and services provided through it.
Definitions and Interpretation
In these terms and conditions unless the context indicates otherwise:
- Australian Consumer Law means the Australia Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth),
- Cleaning Contract means a Contract for the provision of cleaning services entered into between you and a Commercial Cleaning Contract as a result of your use of the Website.
- Client means any business registered on the Website requiring the cleaning services of a Commercial Cleaning Company.
- Commercial Cleaning Company means a commercial cleaning company registered on the Website.
- Facility means the facility specified by you when requesting Tenders from Commercial Cleaning Companies using the Website.
- Force Majeure means any event, the occurrence of which is outside the control of a party including, without limitation, any act of government (including the imposition of variation of any law, rule, order, ordinance or regulation), accident, fire, insurrection, war, act of God, natural disaster, sabotage, strike or industrial action, embargo or delay in transportation attributable to third party carriers or customs authorities.
- Request/s for Tender means any request/s for Tender uploaded by you to the Website;
- Response/s to Tender means any responses to your Request/s for Tender uploaded by Commercial Cleaning Companies to the Website; and
- Website means the website http://www.cleanconnect.com.au.
In this agreement unless the context otherwise indicates:
- Headings are for convenience only and do not affect the interpretation of these terms and conditions;
- Reference to the singular includes the plural and vice versa;
- Reference to any gender includes the other genders;
- Reference to a person includes a corporation and vice versa;
- Reference to a party includes that party's executors, administrators, successors and permitted assigns;
- Every obligation entered into by two or more parties binds them jointly and each of them severally;
- A reference to a schedule is to a schedule to this agreement; a reference to a section, part, clause, or other subclause is a reference to a section, part, clause or other subclause in this agreement;
- Any annexures and appendices form part of this agreement;
- Any document referred to in this agreement will mean that document as well as any other document in substitution for that document which has been approved in writing by the parties;
- Where any word or phrase is defined in this agreement, any other grammatical form of that word or phrase will have a corresponding meaning;
- The words “includes” and “including” or words of similar effect are not words of limitation; and
- A reference to a statute, regulation or other law includes all regulations and instruments made under such law and all consolidations, amendments, re-enactments or replacements of it.
These terms and conditions govern your use of the Website and all related information and services received by you in connection with tenders submitted by commercial cleaning companies with the intention that you and your selected Commercial Cleaning Company may enter into a contract for the cleaning of your Facility.
Access Authority and Conditions.
- 3.1 CleanConnect allows:
- You to upload Requests for Tender to the Website;
- Commercial Cleaning Companies to upload Responses to Tender to the Website; and
- You to review the Responses for Tender on the Website.
- 3.2 Both you and Commercial Cleaning Companies must first complete the CleanConnect registration process on the Website.
- 3.3 Subject to compliance with each of these terms and conditions, CleanConnectgrants you unlimited access tothe Website solely for your own use;
- 3.4 You will be provided with a password/s that will permit access to the Website. You are responsible for maintaining the confidentiality ofsuch passwordsand agree to notify CleanConnectimmediately of any unauthorised use of any password or the account.
- 3.5 You must manage the issue of login names to each of your employees or contractors to whom you provide access to the Website and must without delay cancel login access to those who cease to be employed or contracted by you.
- 3.6 Every effort is made to keep the Website up and running smoothly and fault-free. However, CleanConnect takes no responsibility for, and will not be liable for, the Website being temporarily unavailable for reasons of maintenance/improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any of the Website features, databases or content.
- 3.7 We may at our absolute discretion deny you access to the Website (which may include any of the services or information available through it) or any part of it at any time without explanation.
- 3.1 CleanConnect allows:
Obligations of CleanConnect
- 4.1 CleanConnect will require that a Commercial Cleaning Company:
- a) Warrant to CleanConnect that:
- It is a company duly incorporated in Australia;
- All employees and/or contractors who would provide you with services pursuant to a Cleaning Contract will, at all times whilst at your Facility:
- Wear uniforms of a neat and clean standard;
- Display or carry with them photographic identification; and
- Behave in a professional and courteous manner.
- It has taken out or will take out by the commencement date of a Cleaning Contract, and will maintain for the entirety of the term of a Cleaning Contract, the following insurance policies with a reputable insurer:
- Product and public liability insurance for no less than $10,000,000 per accident or event;and
- Workers Compensation insurance as required by law,
And will provide you with a certificate of currency of such insurance with 24 hours of being requested to do so.
- It will comply with the CleanConnect Commercial Cleaning Company Code of Conduct.
- Provide CleanConnect with the name and contact details of three (3) professional references.
- 4.2 You acknowledge that:
- CleanConnect is not responsible for checking the accuracy, validity or completeness of data or information provided by or regarding Commercial Cleaning Companies and does not warrant that any information concerning a Commercial Cleaning Company will be accurate, complete or valid and will not accept liability for any error therein.
- You should obtain independent verification before relying on any information provided on the Website in circumstances, which may result in loss or damage.
- 5.1 You warrant to CleanConnect that:
- All information provided by you on the Website is accurate in all material respects; and
- You will maintain the Facility as a safe working environment.
- 5.1 You warrant to CleanConnect that:
You will not be charged any fees in respect of your use of the Website.
You will indemnify and hold CleanConnectand its officers and directors harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including legal fees and expenses) arising out of or related to:
- 7.1Your use of the Database or any breach of the terms hereof in any manner; and/or
- 7.2Any claim against CleanConnect for damages, loss, injury or death at your Facility by a Commercial Cleaning Company or any person claiming through or under a Commercial Cleaning Company.
Limitation of Liability
- 8.1 You acknowledge that CleanConnectis not responsible and not liable for the accuracy or reliability of information contained in the Database.
- 8.2 You acknowledge that your use of the Website may not result in your finding a suitable Commercial Cleaning Company or your entering into a Cleaning Contract.
- 8.3 Except as required under the Australian Consumer Law, CleanConnectmakes no representations and gives no warranties expressly or implied as to the suitability of a Commercial Cleaning Companyfora Cleaning Contract. Any offer of or entry into a Cleaning Contract and the consequences thereof following the supply of a Commercial Cleaning Company’s Response to tendertoyou are entirely at your own risk.
- 8.4 To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability, and the liability of our related bodies corporate, affiliates or suppliers, to you or any third parties in any circumstance is limited to AUD$100.
- 8.5 Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of theWebsite or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these terms and conditions.
CleanConnectreserves the right to modify these terms and conditions and will at all times display on its Website the most recent version of these terms and conditions.
We do not warrant that any of the functions contained in the website or your access to the Database will be uninterrupted or error-free. We do not represent or warrant that our website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
If a performance by a party of any obligation under these terms and conditions (other than the payment of money) is prevented, restricted or delayed by Force Majeure then that party shall be excused from and shall not be liable for failure in performance to the extent of that prevention, restriction or delay and the time for performance shall be extended accordingly.
These terms and conditions contain the entire agreement of the parties with respect to the subject matter hereof and supersede any prior written or oral agreements between them with respect thereto.
The laws of New South Wales govern these terms and conditions and the Subscriber and CleanConnectsubmit to the exclusive jurisdiction of the Courts of New South Wales and the Federal Court of Australia.