Terms and Conditions for the use of the Qleanary Platform
These General Terms and Conditions (“General Terms”) apply between Qleanary Cleaning Company (hereafter referred as the “Company”, “Qleanary” or “Service Provider”) and all of their subsidiaries, business identity number 12753048, having its registered address at 12/3 Moo 5, Wiset Road, Rawai, Amphoe Mueang Phuket, Phuket, Thailand and Qleanary’s customers, both private and business customers (hereafter referred collectively as “Customer”). These General Terms and Conditions enter into force on September 9, 2019 and are available on the Qleanary’s website www.qleanary.com (“Website”).
1. These terms 1.1 What these terms cover. These are the terms and conditions on which the relevant service provider supplies products to you, whether these are cleaning services and/or cleaning products and equipment. 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: • You are an individual. • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Subject and purpose of the terms
These General Terms and Conditions apply to the use of the website www.qleanary.com made available by Qleanary 12/3 Moo 5, Wiset Road, Rawai, Amphoe Mueang Phuket, Phuket, Thailand, registered in Thailand under number 12753048 (hereinafter: Qleanary). Cleaning Professionals are private entrepreneurs for household services and cleaning work in private households (hereinafter: SERVICE PROVIDER) and for issuing orders for such services (hereinafter: cleaning services) by the purchaser (hereinafter: CUSTOMER) and the use of the services provided for this purpose facilitating services from Qleanary. Deviations from these General Terms and Conditions must be expressly permitted by Qleanary.
The agreement regarding the cleaning services is directly concluded by the CUSTOMER with the relevant SERVICE PROVIDER booked by the CUSTOMER within the framework of the Terms and Conditions. Qleanary is not a party to the cleaning services agreement between the CUSTOMER and the SERVICE PROVIDER and only acts as a facilitator for the service requests which are indicated in the Website, from the CUSTOMER.
3. Use
Qleanary provides the CUSTOMER with a platform for searching and hiring a SERVICE PROVIDER. The use of the platform and the services of Qleanary are free of charge for the CUSTOMER. Before the first use of the platform and the first booking request, the customer must register on the platform and accept these Terms and Conditions. Qleanary confirms the registration to the CUSTOMER by e-mail whereby the access data for the personal user account is also provided. With this confirmation, the user agreement with Qleanary is established, to which these General Terms and Conditions apply.
The CUSTOMER is required to provide correct and complete details upon registration, in particular with regard to his identity, address, telephone number, e-mail address and bank or credit card details. He must immediately notify Qleanary of changes during the term of the user agreement by adjusting his user account.
4. Exercise
The CUSTOMER submits requests for cleaning services (hereinafter: booking request or offer) via the platform, by telephone or by e-mail stating place, time and services to be supplied.
The submitted booking requests are a binding offer from the CUSTOMER to the SERVICE PROVIDER found by Qleanary or selected by the CUSTOMER in the request for the delivery of the requested services.
Qleanary will accept the booking request from the CUSTOMER after (automated) the CUSTOMER’s confirmation. After the order request is confirmed, such request will be seen in the Qleanary Professional’s Application used by SERVICE PROVIDERS. SERVICE PROVIDER who is willing to provide the requested services will see the SERVICE REQUEST and will be able to claim the SERVICE REQUEST. The SERVICE REQUESTS are claimed in “first come, first served” basis, however, if the CUSTOMER is preffered a specific SERVICE PROVIDER, only the aforementioned SERVICE PROVIDER will be able to see the request until the SERVICE PROVIDER accepts or rejects the request. The SERVICE PROVIDER is fully independent on deciding whether to accept or reject. When the order request is confirmed, Qleanary informs the CUSTOMER about this by e-mail and confirms the booking request. When the order request is claimed by a SERVICE PROVIDER, an agreement between CUSTOMER and SERVICE PROVIDER (hereinafter: service agreement) is concluded. The General Terms and Conditions for the Service Agreement apply to the service agreement.
The content of the service agreement is based on the booking request, the price lists stated on the platform, these general terms and conditions and the General Terms and Conditions for the service agreement, the applicable contract law and any other agreements between the CUSTOMER and the SERVICE PROVIDER. SERVICE PROVIDER is not an employee of Qleanary and Qleanary does not mediate for employees for the provision of services.
Bookings can be made on a one-off basis or repeatedly, such as a weekly, bi-weekly series of bookings. Recurring bookings must be entered into for a minimum period of four times. CUSTOMERS with repeat booking enter into a minimum purchase obligation during this four-times period, starting on the date of the first booking, up to four times after this date.
All payments from the CUSTOMER to the SERVICE PROVIDER for the reimbursement of the cleaning services are made through a licensed payment service provider.
5. Responsibilities
Qleanary manages the platform and receives booking requests via the website, by telephone or by e-mail and forwards the booking request to the SERVICE PROVIDER via its mobile app for SERVICE PROVIDERS. Qleanary is under no obligation to ensure that a booking request is accepted by SERVICE PROVIDER.
Qleanary does everything possible to prevent disruptions to the use of the platform, such as connection interruptions or disruptions to the use of the services to the extent that this is technically possible. Qleanary has the right to limit the possibilities of use temporarily to maintain or further develop the platform.
Qleanary manages a user account for the CUSTOMER and makes personal access data available for this. The access data may not be shared with third parties. On the user account the service agreements concluded via the Qleanary platform, by telephone or by e-mail are mentioned and the related invoices are kept available for inspection.
Qleanary sends booking requests from the CUSTOMER to SERVICE PROVIDERS if the CUSTOMER has not preferred a specific SERVICE PROVIDER (even then only the SERVICE PROVIDER determines whether he accepts the offer). Qleanary is not liable for the execution and performance of the service agreements by the SERVICE PROVIDER.
Qleanary processes the bookings and cancellations of the CUSTOMER in accordance with the provisions of Article 7 of these General Terms and Conditions. If a CUSTOMER wishes to change the time for the cleaning services or cancels the booking, Qleanary will immediately inform the SERVICE PROVIDER about this.
6. Reviews
After the booked cleaning services have been delivered in accordance with the service agreement, the CUSTOMER will receive an email from Qleanary with a request to review the cleaning services.
Assessments must be based on demonstrable facts. They must be drawn up in a fair and businesslike manner and may not have offensive, defamatory, prosecutable or otherwise illegal content (for example violate industrial property rights of third parties). Reviews that do not comply with the above will not be published or deleted. Reviews always reflect statements from the author (CUSTOMER) and not those from Qleanary.
The CLIENT knows Qleanary by sending the assessment free of charge, the spatially and temporarily unlimited user rights to his review text. Qleanary has the right to dispose of the assessment and in particular to process it for further assessment services, possibly to share it with third parties and to publish it.
Prohibited are unjustified multiple assessments or other forms of attempts to distort the assessment system.
THE CLIENT also acknowladges that if the SERVICE PROVIDER gets a bad rating (1 or 2 stars), Qleanary, even it is only acts as a facilitator for the service requests, to protect the sake of the quality of its platform, may remove the aforementioned SERVICE PROVIDER from the system or prevent the aforementione SERVICE PROVIDER to claim future service requests.
7. Liability
1. Qleanary is not liable for the performance of the service agreement by the SERVICE PROVIDER and for damage that the CUSTOMER may suffer as a result of and / or during the delivery of the services.
2. The pages of www.qleanary.com also contain links to websites that are managed by third parties and which content Qleanary may not be aware of. Links to other websites are only intended to facilitate navigation. Qleanary is not responsible for the content of other websites.
8. Duration Of Termination Of The Agreement
1. The user agreement begins after the confirmation of registration to the CUSTOMER and the release of the platform use by Qleanary and is concluded for an indefinite period.
2. The user agreement can be terminated by both parties immediately at any time. The cancellation must be in writing (e-mail to info@qleanary.com is sufficient). In the event of cancellation of current service agreements with SERVICE PROVIDER, settlement will be made with due observance of the provisions in paragraph 7 regarding cancellations and rebooking.
9. Your rights in respect of defective products if you are a consumer 9.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions.
10. Privacy
1. Qleanary collects, processes and uses CUSTOMER data, which is published on the platform and freely accessible, in accordance with the privacy protection regulations (Privacy Policy). 2. Qleanary will make the CUSTOMER’s data including the data on services booked by the CUSTOMER available for inspection during the term of the user agreement in the CUSTOMER profile and offer a possibility to change the data. For this, the CUSTOMER must log on to the platform with his e-mail address and password.
3. By accepting these General Terms and Conditions, the CUSTOMER agrees that CUSTOMER’s address will be shared with the SERVICE PROVIDER, so cleaning services can take place.