1. Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- We may amend these Terms at any time, by providing written notice to you;
- To the maximum extent permitted by law, the Service Fee is non-refundable;
- Our liability under these Terms is limited to resupplying the Wish Clean Services to you or, in our sole discretion, tous repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Wish Clean Services towhich the Liability relates, or where there are no Service Fees paid, $50, and we will not be liable for Consequential Loss;
- If you cancel the Professional Services less than 24 hours before the agreed time, you will be liable to pay a CancellationFee;
- We will have no liability for the use or results of any Third Party ID Service or Identity Check, any aspect of the Customer and Professional interaction including the services offered by the Professional, the description of the services requestedor offered, any advice provided, the performance of services and any event outside of our reasonable control;
- We may terminate these Terms at any time by giving 30 days’ written notice to you
- We receive a service fee/commission from each Professional for payments made through the Platform;
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websitesvia a link on the Platform or for featuring certain products or services on the Platform.
Nothing in these terms limit your rights under the Australian Consumer Law.
2.1These terms and conditions (Terms) are entered into between Wish Clean ABN 94 657 661 517 (we, us or our) and you, together the Parties and each a Party.
2.2 We provide an online platform (Platform) where customers seeking cleaning or pest control services (Customers) areableto connect and transact with service providers who are able to provide such services to them (Professionals)..
2.3 In these Terms, you means (as applicable) the person or entity registered with us as either a Customer or Professional or the individual accessing or using the Platform.
2.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent andwarrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity andtheentity’s personnel to these Terms.
3. Acceptance and Platform Licence
3.1 You accept these Terms by checking the box stating “I accept”.
3.2 You must be at least 18 years old to use the Platform.
3.3 We may amend these Terms at any time, by providing written notice to you. By checking the box or continuing to usethePlatform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If youdo not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause
3.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forthinthe 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.
3.5 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 in accordance with these Terms. All other uses are prohibitedwithout our prior written consent.
3.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal informationwithout an individual's consent) or any other legal rights
(b) using the Platform to defame, harass, threaten, menace or offend any person
(c) using the Platform for unlawful purposes
(d) interfering with any user of the Platform
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses)
(f) using the Platform to send unsolicited electronic messages
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
4.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
4.2 You may only have 1 Account as a Professional and 1 Account as a Customer on the Platform.
4.3You must provide basic information when registering for an Account including your business name, contact name andemail address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
4.4 Once you have registered an Account, your Account information will be used to create a profile which you may thencurate.
4.6 You agree to provide and maintain up to date information in your Account and to not share your Account passwordwithany other person. Your Account is personal and you must not transfer it to others.
4.7 You are responsible for keeping your Account details and your username and password confidential and you will be liablefor all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
4.8 If you are a Professional, we will review your request for an Account before approving the request. We may request additional information, including your identification, profile picture, visa status, proof of insurance and details of your qualifications and experience. If you do not provide us with information we reasonably request, we may refuse to createanAccount for you. If you provide us with any information which indicates you are not a fit and proper person to be providedwith an Account, we may refuse to provide you with an Account, in our sole discretion.
4.9 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identityverification, cancellation history, quality of services and threshold of reviews
5. Platform summary
5.1 The Platform is a marketplace where Customers can seek Professionals to provide cleaning and pest control services. Weprovide the Platform to users (including hosting and maintaining the Platform), process payments between Customers andProfessionals, and provide promotional opportunities for Professionals (together the Wish Clean Services). You understandand agree that we only make available the Wish Clean Services. We are not party to any agreement entered into betweenaCustomer and a Professional and we have no control over the conduct of Professionals, Customers or any other users of thePlatform.
5.2 A Customer wanting to acquire cleaning or pest control services creates an Account on the Platform and uses the onlinebooking form to request a booking for the specific service that they require (Booking Request). The Customer will insert other details, including location, and your budget for the services.
5.3 A Professional wanting to provide services creates an Account with details of their service specialisations and costs onthePlatform. The Professional will provide details such as their location, what services they can provide and their rates, including any GST payable.
5.4 By making an Account, the Professional confirms that they are legally entitled to and capable of supplying the services described.
5.5 Once a Customer creates a Booking Request, Wish Clean will provide the Customer with price for the requested services and any other additional fees as set out on the Platform (Booking Fees), and a Confirmed Request is created when theCustomer confirms the Booking Request and makes payment of the Booking Fee
5.6 Once a Confirmed Request is created, Wish Clean will endeavour to match the Customer to an available Professional whoissuitable to complete the requested services. A Confirmed Booking is accepted once Wish Clean is able to match the Customer to an available Professional to provide the requested services. The Confirmed Booking will include a descriptionof the services to be provided (Professional Services) and the details of the Professional.
5.7 Following a Confirmed Booking, the Customer must contact the Professional directly via the Platform to arrange a timeanddate for the provision of the Professional Services (Service Date).
5.8 Once a Confirmed Booking is made, Customers and Professionals can communicate privately online via the Platform.
5.9 Customers and Professionals may enter into written agreements in relation to the Professional Services. To the extent thereis inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
5.10 If applicable, Professionals must clearly state that there are additional terms and conditions. By creating a ConfirmedBooking, a Customer is accepting the additional terms and conditions of the relevant Professional.
6. Access to the Premises
6.1 By making a Confirmed Booking, the Customer acknowledges and agrees that the Customer will be available at the premises for the entire duration of the Professional Services on the Service Date as set out in the Confirmed Booking.
6.2 The Customer must provide the Professional with safe and sufficient (free from harm or risk to health and safety) access tothe premises on the Service Date:
(a) to the extent required for the Professional to perform the Professional Services; and
(b) until at least 7:00pm on the Service Date, or as otherwise agreed between the Parties, to account for potential delaysbeyond the Professional’s control
7. Access to Hot Water, Electricity and Parking
7.1 The Customer must ensure that the premises, on the Service Date:
(a) has a working hot water connection sufficient for the Professional to perform the Professional Services;
(b) has a working electricity connection sufficient for the Professional to perform the Professional Services; and
(c) has car parking adjacent to the premises.
8. Promotional Opportunities and Discount Codes
8.1 As a Professional, you may choose to purchase promotional opportunities, such as a feature in our email marketing, placement on our homepage or participating in sitewide special offers (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer anddisplayed on the Platform or otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.
8.2 As a Customer, we may from time-to-time issue to you promotional discount codes for use on the Platform. To claimthediscount, you must enter the promotional discount code at the time of accepting an Offer on the Platform. The conditionsof use relating to promotional discount codes will be set out on the Platform. We may also from time to time run competitions on the Platform or on social media. These competitions are subject to terms and conditions which will bemade available on the Platform at the time of the competition.
9.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, suchas text message or email.
9.2 Once a Confirmed Booking is made, Customers and Professionals can communicate privately online through the Platform. Customers and Professionals must not use the messaging service to organise the provision of Professional Services off thePlatform, or otherwise to attempt to circumvent the payment of Service Fees to us.
10.1 As a Customer, you agree to pay (and your chosen payment method will be charged) cost of the Confirmed Booking (Booking Fees) when a Confirmed Booking is created.
10.2 As a Customer, you agree to pay (and your chosen payment method will be charged) the Booking Fee when a ConfirmedRequest is created, and your credit/debit card will be pre-authorised up to the amount of the Booking Fees at the timeaConfirmed Booking is created. If, following payment of the Booking Fee, we cannot match you to an available Professional to provide the requested services, we will immediately refund you the full price of the Booking Fee.
10.3 As a Customer, you understand that the Professional Services may be subject to additional fees where the conditionof thepremises on which the Professional Services are to be provided is not as described at the time you made the ConfirmedBooking (including where the premises requires additional cleaning). We (or the Professional) will contact you in relationtoany variations required to provide the Professional Services, including any additional fees required to be paid by youor anyadditional time required.
10.4In consideration for providing the Platform, we will charge the services fees (including any third-party payment processingfees) to the Professional as set out on the Platform (Service Fee). The Service Fee will be deducted fromthe Booking Fee, and will be paid to us at the same time as the Customer pays the Booking Fees through the Platform.
10.5 If you are a Professional, you appoint us as your limited payment collection agent solely for the purpose of accepting theBooking Fees from the relevant Customer. You agree that we will not be required to pay you any amount until we havereceived the Booking Fees from the relevant Customer, that we will deduct our Service Fees from any Booking Fees wereceive and that we may grant refunds to Customers in accordance with these Terms. We will pay you the Booking Fees minus the Service Fee when you have completed the Professional Services in the Confirmed Booking and 7 days has passedwithout the Customer putting in a complaint regarding the Confirmed Booking.
10.6 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
10.7 The payment methods we offer for the Booking Fees and for the Service Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of thethird- party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
10.8 You must not pay, or attempt to pay, the Booking Fees or the Service Fees by fraudulent or unlawful means. If you makeapayment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to makethepayment.
10.9 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which arepayable by you to us (whether under these Terms or otherwise).
11. Refunds and Cancellation Policy
11.1If: (1) Customer and Professional mutually agree to cancel a Confirmed Booking; or (2) following reasonable attempts byaCustomer to contact a Professional for the Professional to fulfil the Confirmed Booking, the Confirmed Booking is cancelled, and (3) we are satisfied that the Booking Fees should be returned to the Customer, we will return the Booking Fees totheCustomer, provided that the Booking Fees have not yet been paid to the Professional. The Service Fee, if applicable, for therefunded Confirmed Booking shall be a debt due and payable by the Professional to us, and we may deduct this ServiceFeefrom any future Booking Fees payable to the Professional.
11.2As a Customer or Professional, you will be charged a fee (Cancellation Fee) if you cancel your Confirmed Booking less than24 hours before the Confirmed Booking is to take place
11.3 For disputes between Customers and Professionals, we encourage Parties to attempt to resolve disputes (including claimsfor returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choosetoresolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
11.4 This clause will survive the termination or expiry of these Terms.
12. Identify verification
12.1 If we choose to conduct identity verification or background checks on any Professional, to the extent permitted by law, wedisclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Professional or guarantee that a Professional will not engage in misconduct in the future. Any verification of Professionalson the Platform is not an endorsement or recommendation that the Professional is trustworthy or suitable. You shoulddoyour own due diligence before using a Professional' services.
12.2 As a Professional, we may offer you the option of verifying your identity and/or validating your Account using a thirdpartyverification service (Third Party ID Service).
12.3 Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and(2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent tous receiving and using this information to enable us to perform an Identity Check.
12.4 You acknowledge and agree that (1) the Identity Check may not be fully accurate, as it is dependent on the informationprovided by the relevant individual or Professional and/or information or checks performed by third parties; and (2) youshould not rely on the Identity Check, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.
13.1 Professionals may review their experience with the Customer on the Platform, and Customers may reviewwith the Professional on the Platform, including the Professional Services (each a Review).
13.2 Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
13.3 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 anyReviews.
13.4 You can write a Review about a Professional if you have had an experience with that Professional, which means that (1) youhave engaged the Professional through the Platform; or (2) you can otherwise document your interaction with the Professional in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).
13.5 You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) youhave been engaged by the Customer through the Platform; or (2) you can otherwise document your interaction withtheCustomer in relation to the Platform, including via correspondence (collectively referred to as a Professional Experience).
13.6 As a Professional, you may not write a review about a business you have previously owned, currently own, or whichanimmediate family member currently owns, or if you are an executive or employee of that business, or work for the business. Similarly, you may not write a Review about a direct competitor to the business that you own, are employed by or workfor.
13.7 Your Customer Experience or Professional Experience must have occurred in the 12 months prior to you writing a Review.
13.8 You may only write about your own Customer Experience or Professional Experience. You are not permitted to writeaReview about somebody else’s Customer Experience or Professional Experience, such as that of a family member or friend.
13.9 You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Professional towrite a Review, you should include information about this in your Review. Incentives include the Professional offeringyouagift, reward, discount or advantage for writing a Review about the Professional on the Platform.
13.10 This clause will survive the termination or expiry of these Terms.
14. Intellectual Property
14.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (includinginconnection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
14.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
14.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property toany third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifyingany of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property
14.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social mediapage or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
14.5 This clause will survive the termination or expiry of these Terms.
15. Content you upload
15.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content including Task Listingsand Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourageyou to post User Content on social media using specific hashtags (#) (Tag).
15.2If you make any User Content available on or through the Platform, including on social media using a Tag, you grant tous aworldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with theright to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platformand our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that anyof your User Content is removed from the Platform or social media by sending us an email to the address at the endof these Terms. We will endeavour to action any removal requests within a reasonable time.
15.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, includingon social media using a Tag. You represent and warrant that:
(a) 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
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or ouruse of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in theviolation of any applicable law or regulation.
15.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
15.5 This clause will survive the termination or expiry of these Terms.
16.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) where you are a Professional, you are responsible for complying with all laws, rules and regulations which apply toproviding the services in your Professional profile;
(e) where you are a Professional, you are appropriately qualified, and have any required skills, knowledge or training, toprovide the Professional Services; and
(f) where you are a Professional, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services, the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the servicesyou 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 services. You are responsible for any taxes payable on any feeyoureceive for your services.
17. Re-cleaning Guarantee
17.1 In addition to your Consumer Law Rights under the ACL as set out below, if you, as a Customer, are not satisfied withtheProfessional Services, you may contact us in writing via email at firstname.lastname@example.org within 5 days after the deliveryof the Professional Services. You must include photos of the relevant premises where the Professional Services wereprovided, and any other information as requested by us.
17.2 If we deem that the Professional Services have not been properly performed, we may, at our sole discretion, re-supplytheProfessional Services to you, either through us, our personnel or the relevant Professional at no cost to the Customer (Re-cleaning Guarantee). We (or a Professional) will contact you to arrange a time and date to provide the re-cleaning services.
17.3 We may choose not to provide a Customer a Re-Cleaning Guarantee including but not limited to where the Customer failsto follow any instructions provided by us or a Professional, uses the Professional Services in any way not contemplatedunder this Agreement, engages a third party to provide the same or similar services to the Professional Services at thepremises, or breaches the terms of these Terms.
18. Australian Consumer Law
18.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), andsimilar 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 (Consumer LawRights).
18.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law 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.
18.3 Subject to your Consumer Law 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.
18.4 As a Customer, the services provided by a Professional may also confer on you certain rights under the ACL.
18.5 This clause will survive the termination or expiry of these Terms.
19. Exclusions to liability
19.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive andrelease us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) the use or results of any Third Party ID Service or Identity Check;
(b) any aspect of the Customer and Professional interaction including the services offered by the Professional, the description of the services requested or offered, any advice provided, the performance of services or; and
(c) any event outside of our reasonable control
19.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and PlatformLicence clause, theConfidentiality clause and the Intellectual Property clause of these Terms.
19.3 This clause will survive the termination or expiry of these Terms.
20. Limitations on liability
20.1 To the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) each Party’s 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 the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplyingthe Wish Clean Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paidbyyouto us in respect of the supply of the Wish Clean Services to which the Liability relates, or where there are no ServiceFees paid, $50.
20.2 This clause will survive the termination or expiry of these Terms.
21.1 Where you are a Customer, your Account and these Terms may be terminated by you at any time using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.
21.2 Where you are a Professional, your Account and these Terms may be terminated by you by providing us with writtennoticevia email.
21.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remediedwithin 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
21.4 As a Professional, if you repeatedly receive negative Reviews, then this will be considered a breach of a material termfor the purpose of the above clause.
21.5 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
21.6 Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform;
(b) we will immediately cease providing the Wish Clean Services;
(c) you agree that and to the maximum extent permitted by law, any payments made by you to us (including any (BookingFees and Service Fees) are not refundable to you;
(d) where you are a Customer, we will cancel any existing Confirmed Bookings and the Booking Fee (minus the ServiceFee) will be refunded to you;
(e) where you are a Professional, we will cancel any existing Confirmed Bookings and refund the relevant Customers inaccordance with the Refunds and Cancellation Policy clause; and
(f) where we terminate the Terms for any reason, you also agree to pay us our reasonable additional costs directly arisingfrom such termination.
21.7 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
21.8 This clause will survive the termination or expiry of these Terms.
22. Business insurance
22.1 As a Professional, we may request that you provide evidence of your insurance. Where we do so, we are not confirmingthat the insurance you have is sufficient or suitable for the services you choose to provide to Customers. If we do not askyou to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledgeand agree it is your responsibility to make your own investigations and receive professional advice on the insurance yourequire
23. Notice regarding Apple
23.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to theterms 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.
23.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
23.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund thepurchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will havenoother 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.
23.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your useof our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile applicationfailsto conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
23.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claimthat our mobileapplication infringes that third party’s intellectual property rights
23.6 You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules setforth in the Apple App Store Agreement of Service.
23.7 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.
23.8 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 onanyU.S. Government list of prohibited or restricted parties.
24.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonablywithheld).
24.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connectionwith these Terms, to a debt collector, debt collection agency, or other third party.
24.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Customer, or by a Professional.
24.4 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 Customer and us, or a Professional andus, aParty may not commence court proceedings relating to a Dispute without first meeting with a senior representative of theother 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 shouldbe, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place andrulesfor mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of themediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party fromseekingurgent injunctive or equitable relief from a court of appropriate jurisdiction.
24.5 Entire Terms: : Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
24.6 Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full forceandeffect to these Terms and your obligations under it.
24.7 Governing law: This Agreement is governed by the laws of Queensland. Each Party irrevocably and unconditionally submitsto the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals fromthosecourts and waives any right to object to proceedings being brought in those courts.
24.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out belowor to youat thedetails provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have beenserved on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
24.9 Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Wish Clean Services toyou, including on our website or in our promotional material.
24.10 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency (subject to us acting as your limited payment agent) relationship between the Parties.
24.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be readdown 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.
24.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, wedonot control, endorse or approve, and are not responsible for, the content on those websites. We recommend that youmake your own investigations with respect to the suitability of those websites. If you purchase goods or services fromathird party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via alinkon the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by noticeto you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party linksare Affiliate Links.
25.1 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.
25.2 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
25.3 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.
25.4 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).
25.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceedingor 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 thirdpartyor a party to these Terms or otherwise.