Our complete terms and conditions are contained below, but some important points for you to know before you become an Account holder are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law.
2.1 These terms and conditions (Terms) are entered into between Cost Comparison Pty Ltd, t/a Trusted Bond Cleaning and Service Lead ABN 56 641 724 521 (we, us or our) and you, together the Parties and each a Party.
2.2 We provide a platform (Platform) where customers seeking cleaning or pest control services (Customers) are able to 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 a Professional.
2.4 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.
3.1 You accept these Terms by checking the box stating “I accept” on the Platform or accepting these Terms otherwise in writing.
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 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 and it adversely affects your rights, 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 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.
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 prohibited without 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:
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 on the Platform.
4.3 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. As a Professional, you must link your bank account to your Account before you may start accepting Bookings Requests. 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 then curate.
4.5 All personal information you provide to us will be treated in accordance with our Privacy Policy.
4.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any 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 liable for 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 We will review your request for an Account before approving the request. We may request additional information, including [address, identity and work rights in Australia]. If you do not provide us with 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.
4.9 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 services and threshold of reviews.
5.1 The Platform is a marketplace where Customers can seek Professionals to provide cleaning and pest control services. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Customers and Professionals, and provide promotional opportunities for Professionals (together the Trusted Bond Cleaning Platform Services). You understand and agree that we only make available the Trusted Bond Cleaning Platform Services and not the cleaning and/or pest control services. We are not party to any agreement entered into between a Customer and a Professional and we have no control over the conduct of other Professionals, Customers or any other users of the Platform.
5.2 A Customer wanting to acquire cleaning or pest control services creates an Account on the Platform and uses the online booking 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 Customer wanting to acquire cleaning or pest control services creates an Account on the Platform and uses the online booking 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.
5.4 By making an Account, you confirm that they are legally entitled to and capable of supplying the services described.
5.5 Once a Customer creates a Booking Request, Trusted Bond Cleaning will provide a list of Professionals who are suitable to complete the service, including their costs, and this may include you. The Customer is able to select a preferred Professional from this list.
5.6 If a Customer selects you as the preferred Professional and confirms the Booking through the Platform, a Confirmed Booking is created, which includes the time and date for the provision of the services (Service Date) and a description of the services to be provided (Services).
5.7 Once a Confirmed Booking is made, you can communicate with Customers privately online via the Platform.
5.8 You may enter into written agreements in relation to the services with a Customer. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail. For the avoidance of doubt, any additional terms and conditions should not seek to circumvent the payment of fees to us, or contain any terms that are inconsistent with the terms of these Terms.
5.9 If applicable, you must clearly state that there are additional terms and conditions. By creating a Confirmed Booking, a Customer is accepting your additional terms and conditions.
6.1 If you arrive at the premises and finds that the condition does not match the description provided by the you at the time the Customer made the Confirmed Booking, the parties may adjust the Booking Fee or cancel the Confirmed Booking in accordance with this clause.
6.2 Upon arrival, you must inspect the property to assess its condition.
6.3 If, upon inspection, you reasonably determine that there is a significant difference between the actual condition and the Customer’s description of the premises, you may propose a price adjustment to account for the extra time and resources required. The Customer has the right to accept or decline the price adjustment proposed by you, and:
(a) if the Customer rejects the adjustment, you may cancel the Confirmed Booking, and the Customer will be entitled to a full refund of the Booking Fee (minus the Service Fee). You may either refund the Customer the amount, or we may refund the Customer the amount on your behalf; or
(b) if the Customer agrees to the adjustment, the parties will revise the price of the Booking Fee accordingly (Revised Booking Fee), and we will invoice the Customer for the difference between the original Booking Fee and the Revised Booking Fee, which will become a debt due and payable. The Customer must pay the amount in the invoice at the times, and using the payment methods, as set out in the invoice, and we will pay this amount you within a reasonable time after we receive the payment from the Customer.
7.1 You may choose to purchase promotional opportunities, such as a feature in our email marketing or placement on our home page (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed 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.
8.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
8.2 Once a Confirmed Booking is made, Customers and Professionals can communicate privately online through the Platform. You must not use the messaging service to organise the provision of cleaning or pest control services off the Platform, or otherwise to attempt to circumvent the payment of fees to us.
9.1 In consideration for providing the Platform, we will charge you the services fees (including any third-party payment processing fees) as set out on the Platform (Service Fee). The Service Fee will be deducted from the booking fee to be paid by the Customer for the Confirmed Booking services when a Confirmed Booking is created (Booking Fee) and will be paid to us at the same time as the Customer pays the Booking Fees through the Platform. For the avoidance of doubt, the Booking Fee to be paid by the Customer includes the Service Fee.
9.2 Subject to your Consumer Law Rights, the Service Fee is non-refundable.
9.3 You appoint us as your limited payment collection agent solely for the purpose of accepting the Booking Fees from the relevant Customer. You agree that (i) we will not be required to pay you any amount until we have received the Booking Fees from the relevant Customer; (ii) we will deduct our Service Fees from any Booking Fees we receive; and (iii) 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 services in the Confirmed Booking and 7 days has passed without the Customer putting in a complaint regarding the Confirmed Booking.
9.4 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
9.5 The payment methods we offer 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 the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
9.6 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
9.7 You must not pay, or attempt to pay, the any fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
9.8 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
9.9 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
10.1 This Refund and Cancellation Policy applies to all cleaning and pest services booked and paid for through the Platform. It does not cover any refunds or disputes related to products or services obtained directly from individual service providers outside our platform.
10.2 Any refunds to Customers made by us on your behalf: If we provide any refund to a Customer on your behalf, you understand that you are liable to pay us the relevant amount and any costs that we may reasonably incur as a result of our refund to the Customer on your behalf, and this amount shall become a debt due and payable by you upon our payment of the refund to the Customer. You understand and agree that we may either (1) invoice you for this amount, in which case you must pay the amount in the invoice using the payment method and at the times as set out in the invoice, or (ii) deduct this amount from any future Booking Fees payable to you.
10.3 Service Non-Performance: If you fail to perform the agreed-upon cleaning or pest control service or do not meet the standards outlined in the booking request, the Customer may be eligible for a full refund of the Booking Fees (which includes the Service Fee). You may either refund the Customer the Booking Fee, or we may refund the Customer the Booking Fee on your behalf.
10.4 Cancellation by you: In the event that you cancel a Booking after it has been confirmed and payment has been made, you may either refund the Customer the full Booking Fee, or we may refund the Customer the full Booking Fee on your behalf.
10.5 Cancellation by the Customer: The Customer eligible for a refund of the full Booking Fee minus the Service Fee if the Customer cancels a Booking at least 48 hours prior to the Service Date. You may either refund the Customer the full Booking Fee, or we may refund the Customer the full Booking Fee on your behalf, subject to the Cancellation Fee which you may charge to the Customer. If a Customer cancels less than 48 hours prior to the Service Date, the Customer will not be entitled to any refund of the Booking Fee.
10.6 Unsatisfactory Service: If a Customer is dissatisfied with the quality or outcome of a cleaning service, you agree to work with us to resolve the matter.
10.7 Refund Process: Upon receiving a refund request from a Customer, we will review the claim and may contact both you and the Customer for additional information or clarification. We aim to resolve refund requests promptly and fairly. If the refund request is deemed eligible and approved, and the parties have not agreed to allow you to resupply your Services, you may either refund the Customer the Booking Fee, or we may refund the Customer the Booking Fee on your behalf.
10.8 Resupply of the Professional Services: Where a Customer has requested a refund in accordance with the process as set out in clause 10.7, as an alternative to a refund of the Booking Fees, you may offer to resupply the Services to the Customer. In this case, the parties agree to work together to agree to a time and date for the resupply of the Services, and you must resupply the Services to the Customer at the time and date agreed between the Parties. Upon completion of the resupply, you shall ensure that the services have been satisfactorily provided, and the Customer shall inspect and confirm their satisfaction with the resupply. Any issues or concerns regarding the resupply shall be promptly communicated and addressed by both parties directly.
10.9 For any disputes between you and a Customer, we encourage parties to attempt to resolve disputes (including claims for 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 choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
10.10 This clause will survive the termination or expiry of these Terms.
11.1 During the Restraint Period and in the Restraint Area, you agree not to directly or indirectly establish, operate, or have any ownership interest in any Australian business that directly competes with the Platform, including any cleaning or pest control service marketplaces. You agree that this clause is reasonable given our business nature, necessary to protect our legitimate interests, and does not unreasonably restrict your profession or trade.
11.2 Restraint Period under his clause 11 means: (a) 12 months after the Term or a reasonable duration set by a court; (b) 9 months after the Term or a reasonable duration set by a court; or (c) 6 months after the Term.
11.3 Restraint Area under clause 11 means: (a) Australia, or a reasonable area set by a court; (b) the states and/or territories where you supplied your services to a Customer through the Platform or a reasonable area set by a court; or (c) the metropolitan cities where you supplied your services to a Customer through the Platform.
11.4 Each restraint in this clause 11 (resulting from the combination of clause 11.1 with Restraint Areas and Restraint Periods) is separate and distinct. The unenforceability of any restraint does not affect the enforceability of others.
11.5 This clause will survive the termination or expiry of these Terms.
12.1 We may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).
12.2 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 to us receiving and using this information to enable us to perform an Identity Check.
12.3 You acknowledge and agree that (1) the Identity Check and the issuance of a Verification Icon may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform. Any verification of you on the Platform is not an endorsement or recommendation that you are trustworthy or suitable.
13.1 You may review your experience with a Customer on the Platform, and Customers may review with you on the Platform, including the 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 any Reviews.
13.4 You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) you have been engaged by the Customer through the Platform; or (2) you can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as a Professional Experience).
13.5 Your Professional Experience must have occurred in the 12 months prior to you writing a Review.
13.6 You may only write about your own Professional Experience. You are not permitted to write a Review about somebody else’s Professional Experience, such as that of a family member or friend.
13.7 You are encouraged to be specific and factual in your Reviews.
13.8 This clause will survive the termination or expiry of these Terms.
14.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection 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:
14.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page 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.
15.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content including Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
15.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right 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 Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of 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, including on 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 our use 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 the violation 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) you are responsible for complying with all laws, rules and regulations which apply to providing the services that you advertise on the Platform;.
(e) you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and
(f) 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 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 services. You are responsible for any taxes payable on any fee you receive for your services.
17.1 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 (Consumer Law Rights).
17.2 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.
17.3 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.
17.4 This clause will survive the termination or expiry of these Terms.
18.1 Subject to your Consumer Law Rights, 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:
18.2 Subject to your Consumer Law Rights, despite anything to the contrary, 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 the Service Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Service Fees paid, an amount equal to 12 months of Service Fees calculated on a pro rata basis having regard to the amount of Service Fees paid and the period of time).
18.3 This clause will survive the termination or expiry of these Terms.
19.1 Your Account and these Terms may be terminated by you at any time [by using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings / by notifying us via email]. Your cancellation will take effect immediately.
19.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
19.3 As a Professional, if you repeatedly receive negative reviews, then this will be considered a breach of a material term for the purpose of the above clause.
19.4 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
19.5 Upon expiry or termination of these Terms:
19.6 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees, Service Fees or Listing Fees on a pro-rata basis.
19.7 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
19.8 This clause will survive the termination or expiry of these Terms.
20.1 As a Professional, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers. 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.
21.1 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.
21.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
21.3 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.
21.4 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.
21.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
21.6 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.
21.7 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.
21.8 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 on any U.S. Government list of prohibited or restricted parties.
22.1 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 unreasonably withheld).
22.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
22.3 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 you.
22.4 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 you 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 Queensland Law Society 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.
22.5 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.
22.6 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
22.7 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
22.8 Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
22.9 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided 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.
22.10 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
22.11 Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Trusted Bond Cleaning Platform Services to you, including on our website or in our promotional material.
22.12 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.
22.13 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.
22.14 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third 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 a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
23.1 Consequential Loss means , whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any 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. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
23.2 Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
23.2.1 Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, 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, whether or not registered or registrable.
23.3 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:
Cost Comparison Pty Ltd, t/a Trusted Bond Cleaning and Service Lead (ACN 655 338 284)
Email: info@trustedbondcleaning.com.au
Last update: 29 June 2023