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Terms & Conditions

CALL A CLEAN TERMS AND CONDITIONS

General

  • These terms and conditions (Terms) are entered into between Call A Clean Pty Ltd (ACN 636 214 661) (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform.
  • We provide a platform where cleaners (Cleaners) and consumers (Consumers) can connect and transact for the provision of legal services (Platform). Your use of the Platform does not mean that you become our client, or that we become your cleaners. If you use our Platform, or receive any information through the Platform from a Cleaner, this does not mean that we become your cleaner or that a solicitor-client relationship is created.
  • You may, as a cleaner or cleaner firm wish to use the Platform to connect and transact for the provision of legal services from a Cleaner. In this situation, you, in these Terms, means you as a Consumer (even though you may be a cleaner).
  • The Platform is available at https://www.callaclean.com.au and via other channels
  • or addresses including our mobile application and our application programme
  • interfaces.
  • In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Cleaner or Consumer; or (2) the individual accessing or using the Platform.
  • If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

  • You accept these Terms by checking the box, clicking “I accept”, registering on the Platform or using the Platform or the services.
  • You must be 18 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
  • We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may cease using the Platform, and if you are a Cleaner, you may terminate these Terms in accordance with the “Cancelling Membership” clause.
  • If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Platform summary

  • The Platform is a marketplace where Cleaners and Consumers can find each other for the provision of legal services. We provide the Platform to users (including hosting and maintaining the Platform), assist Cleaners and Consumers to form contracts for the supply of legal services, process payments betweenCleaners and Consumers, and provide the opportunity for Consumers to post their required legal services (together the Call A Clean Services).
  • You understand and agree that we only make available the Call A Clean Services, including the provision of the Platform. We are not party to any agreement entered into between a Cleaner and a Consumer and we have no control over the conduct of Cleaners, Consumers or any other users of the Platform.
  • Cleaners and Consumers may enter into written agreements in relation to the legal services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.

Matter Listings

  • A Consumer may post an accurate and complete description of the legal services they require, and the price they are willing to pay for the legal services (Matter Fee), through the Platform (Matter Listing).
  • If a Cleaner desires to provide the legal services to a Consumer in accordance with a Matter Listing, the Cleaner may make an offer through the Platform detailing their offer to provide the legal services in accordance with the Matter Listing (Offer). The Offer, or part of the Offer, may be published on the Platform and may be visible publicly. By making an Offer, the Cleaner confirms that they are legally entitled to, and capable of, supplying the legal services described in the Offer.
  • A Consumer may receive multiple Offers from Cleaners. A Consumer may accept or reject the Offers that it receives from Cleaners. If a Consumer accepts an Offer from a Cleaner, it becomes a Confirmed Matter, and a legal contract is created between the Consumer and the Cleaner for the provision of legal services in accordance with the Matter Listing (Legal Services).
  • A Consumer and Cleaner may vary the Confirmed Matter in mutual agreement, through the Platform. If the Consumer and Cleaner mutually agree to vary the Legal Services and/or the Matter Fee, the variations will be considered the Legal Services and/or the Matter Fee (as applicable) for the Confirmed Matter.
  • Cleaners must include all additional terms and conditions relating to their legal services in the Offer or must clearly state that there are additional terms and conditions. By accepting an Offer, a Consumer is accepting the additional terms and conditions of the relevant Cleaner.

Accounts

  • You must register on the Platform and create an account (Account) to post a Matter Listing, make an Offer or accept or reject Offers.
  • You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password.
  • You may register for an Account using a single sign-on ID (for example, Facebook, Google ID or Apple ID) (SSO ID). If you sign in to your Account using your SSO ID, you authorise us to access certain information on your SSO ID, including but not limited to, your basic information or payment details (if applicable).
  • Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
  • You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
  • Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
  • You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including any Matter Listings or Offers made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
  • If you are a Cleaner, we may introduce a process whereby we will review your request for an Account before approving your request for an Account. If we introduce this process, we may request additional information, including details of your admission to practice law or your current practising certificate. If you do not provide us with the information, we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
  • We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.

Communication

  • We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.
  • Cleaners and Consumers can communicate privately using our private messaging service or offline using the listed contact details once a Confirmed Matter has been made. Cleaners and Consumers must not communicate outside of the Platform until a Confirmed Matter has been made.
  • Cleaners and Consumers must not use the contact details to organise the provision of the legal services off the Platform.
  • Cleaners and Consumers may not request or provide payments outside of the Platform.

Payment

  • Service Fee and Matter Fee
    • For Consumers, it is free to register an Account on the Platform and to create Matter Listings.
    • In consideration for providing the Call A Clean Services, for each Confirmed Matter, we will charge Consumers, the service fees (including any third party payment processing fees), as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable.
    • Our third party payment processor (currently, Stripe) will pre-authorise your credit/debit card or other payment method, up to the amount of the Matter Fees (which will include the Service Fee) when you accept an Offer from a Cleaner.
    • Upon receipt of the Matter Fees from the Consumer, we will hold the Matter Fees on behalf of the Cleaner and we will pay the Matters Fees on behalf of the Consumer to the Cleaner, after deduction of our Service Fee, on the earlier of the date the Consumer confirms the Confirmed Matter is complete or the date being 7 days from the date the Confirmed Matter was created.
    • If you are a Cleaner, you appoint us as your limited payment collection agent solely for the purpose of accepting the Matter Fees from the relevant Consumer. You agree that we will not be required to pay you any amount until we have received the Matter Fees from the relevant Consumer, that we will deduct our Service Fee from any Matter Fees we receive and that we may grant refunds to Consumers in accordance with these Terms.
    • For the avoidance of doubt, if you as a cleaner or cleaner firm use the Platform to make Offers to Cleaners, you are a Consumer and as such, even if you have a Membership as a Cleaner, you must pay our Service Fee as a Consumer for every Confirmed Matter in accordance with this clause.
  • Membership Fee
    • If you are a Cleaner, once you have created an Account, you agree to pay the membership fee set out on the Platform (Membership Fee) to access certain features on the Platform and benefit from your membership (Membership).
    • To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
    • The Membership Fee will be charged upfront on a monthly basis on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month.
    • Your Membership will automatically continue until cancelled in accordance with the cancellation clause below.
    • We may modify our Memberships and the Membership Fees from time to time.
    • Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
  • General
    • We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
    • We provide a number of payment methods on the Platform, including our third
    • party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
    • We may from time to time issue promotional discount codes for the Platform. To claim the discount as a Consumer, you must enter the promotional discount code at the time of submitting your Matter Listing through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
    • In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
    • If any payment has not been made in accordance with this clause, we may (at our absolute discretion) (1) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.
  • Cancelling Memberships
    • If you are a Cleaner, you may cancel your Membership at any time in the Account
    • page / manage Memberships (or similar) section of your Account settings.
    • The cancellation will be effective from the immediately succeeding month after the next Payment Date unless you cancel your Membership less than 5 business days before the next Payment Date, in which case, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the following month.
  • Refunds and Cancellation Policy
    • Subject to clause 9(b), the cancellation, variation or refund of any Legal Services is a matter between the relevant Consumer and Cleaner.
    • If the Consumer notifies us within 24 hours from the Confirmed Matter being created, that the Legal Services are to be cancelled or refunded, we will review the Consumer’s claim, and if in our reasonable opinion, the Legal Services are to be cancelled or refunded, we will withhold the transfer of the Matter Fees from the Consumer to the Cleaner. If the issue has not been resolved between the Consumer and the Cleaner, within 7 days from the Confirmed Matter being created, and in our reasonable opinion, a refund of the Matter Fees will be required, we will refund the Matter Fees to the Consumer less our Service Fees. The Consumer agrees to notify us in writing by email and not through the Platform.
    • For disputes between Consumers and Cleaners, we encourage the Parties to attempt to resolve disputes (including claims for cancellations or refunds) with the other Party directly and in good faith through external communication methods. In the event that a dispute cannot be resolved, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

Reviews

  • Consumers may review their experience with the Cleaners on the Platform, including the Legal Services, by way of a star rating and/or a comment (Review).
  • Reviews can be viewed by any user and will remain viewable until the relevant
  • Account is removed or terminated.
  • You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • You can write a Review about a Cleaner if you have had an experience with that Cleaner, which means that (1) you have engaged the Cleaner through the Platform; or (2) you can otherwise document your interaction with the Cleaner in relation to the Platform, including via correspondence (collectively referred to as a Consumer Experience).
  • You may not write a review about a Cleaner if the Cleaner is part of a cleaner firm that you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that cleaner firm, or you work for the cleaner firm. Similarly, you may not write a Review about a direct competitor to the cleaner firm you own, are employed by or work for.
  • Your Consumer Experience must have occurred in the 12 months prior to you writing a Review.
  • You may only write about your own Consumer Experience. You are not permitted to write a Review about somebody else’s Consumer Experience, such as that of a family member or friend.
  • You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Cleaner to write a Review, you should include information about this in your Review. Incentives include the Cleaner offering you a gift, reward, discount or advantage for writing a Review about the Cleaner on the Platform.

Content

  • We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Call A Clean Content and together with User Content, Content).
  • Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
  • You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
  • Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
  • You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
  • You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
  • The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not legal advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

  • You represent, warrant and agree that:
    • you will not use our Platform, including the Content, in any way that competes with our business;
    • there are no legal restrictions preventing you from entering into these Terms;
    • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
    • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
    • you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
    • where you are a Cleaner, you are responsible for complying with all laws, rules and regulations which apply to providing the Legal Services;
    • where you are a Cleaner, you are appropriately qualified, and have any required skills, knowledge or training, to provide the Legal Services, are admitted to practice law in the relevant jurisdiction and have a current practising certificate in the relevant jurisdiction; and
    • where you are a Cleaner, you are solely responsible for determining which Matter Listings to respond to, the type, timing, manner and means, methods or processes of providing your Legal Services, agreeing to the Matter Fee for the Legal Services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the Legal Services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your Legal Services. You are responsible for any taxes payable on any fee you receive for your Legal Services.

Australian Consumer Law

  • Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
  • If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
  • Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
  • As a Consumer, the goods and services provided by a Cleaner may also confer on you certain rights under the ACL.
  • This clause will survive the termination or expiry of these Terms.

Exclusions to liability

  • Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
    • your or your personnel’s acts or omissions;
    • any use or application of the Call A Clean Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
    • any aspect of the Consumer and Cleaner interaction including the Legal Services provided by the Cleaner, the description of the legal services requested by the Consumer, any advice provided or the performance of Legal Services by the Cleaner;
    • any works, services, goods, materials or items which do not form part of the Call A Clean Services (as expressed in these Terms), or which have not been provided by us;
    • any third parties or any goods and services provided by third parties, including customers, end users, suppliers, or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
    • the Call A Clean Services being unavailable, or any delay in us providing the Call A Clean Services to you, for whatever reason; and/or
    • any event outside of our reasonable control.
  • This clause will survive the termination or expiry of these Terms.

Limitations on liability

  • Despite anything to the contrary, to the maximum extent permitted by law:
    • we will not be liable for Consequential Loss;
    • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
    • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Call A Clean Services to you or, in our sole discretion, to us repaying you the amount of: (a) for Consumers, the Service Fees paid by you to us in respect of the supply of the Call A Clean Services to which the Liability relates, or where there are no Service Fees paid, $100; or (b) for Cleaners, the Membership Fees paid by you to us in the immediately preceding 12-month period, or if no 12-month period has occurred, the total Membership Fees paid by you to us.
  • This clause will survive the termination or expiry of these Terms.

Termination

  • Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
  • We may terminate these Terms at any time by giving 30 days’ written notice to
  • you (Termination for Convenience).
  • We may suspend your Account or terminate these Terms immediately upon
  • written notice to you, if:
    • you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
    • there is any reason outside our control which has the effect of compromising our ability to provide the Call A Clean Services; or
    • you are unable to pay your debts as they fall due.
  • These Terms will terminate immediately upon written notice by you, if we:
    • are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
    • are unable to pay our debts as they fall due.
  • Upon expiry or termination of these Terms:
    • we will remove your access to the Platform;
    • we will immediately cease providing the Call A Clean Services;
    • you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
    • where you are a Consumer, we will cancel any existing Confirmed Matters and you will lose any Matter Fees and Service Fees and other amounts
    • paid other than where termination is due to our Termination for Convenience. Where you are a Cleaner, we will cancel any existing Confirmed Matters; and
    • where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.
  • Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
  • This clause will survive the termination or expiry of these Terms.

Insurance

  • As a Cleaner, we may request that you provide evidence of your professional indemnity or other insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the legal services you choose to
  • provide to Consumers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

Notice regarding Apple

  • To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
  • Apple has no obligation to furnish you with any maintenance and support
  • services with respect to our Platform.
  • If our mobile application fails to conform to any applicable warranty, you may
  • notify Apple and Apple will refund the purchase price of the mobile application to
  • you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  • Apple is not responsible for addressing any claims by you or any third party
  • relating to our mobile application or your use of our mobile application, including
  • but not limited to (1) product liability claims; (2) any claim that our mobile
  • application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  • Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
  • You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be
  • deemed to have accepted the right) to enforce these Terms against you as a
  • third-party beneficiary of these Terms.
  • You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

  • Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
  • Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Consumer and us, or a Cleaner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
  • Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
  • Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
  • Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
  • Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  • Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
  • Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

    Definitions

    Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

    Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

    Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

    For any questions or notices, please contact us at:

    Call A Clean Pty Ltd (ACN 636 214 661)

    Email: info@callaclean.com.au