THE LEGAL STUFF

OUR TERMS & CONDITIONS

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 TERMS & CONDITIONS

LEGAL STUFF

Effective Date: 1st May 2019

Introduction

 

These terms of use (together with any documents referred to in them) tell you the terms on which you may make use of our website www.whitestarcleaning.co.uk (the Site) and/or our mobile application (the App), or our company services (the Services) whether as a guest or a registered user, and the connection service that we provide through them (collectively, Whitestar Cleaning).

Please read these terms of use carefully before you start to make any use of Whitestar Cleaning, as they will apply to your use of it (although please note that they will not apply to any third party services you request through Whitestar Cleaning). We recommend that you print a copy of these terms of use or save them to your computer or device for future reference.

By using Whitestar Cleaning you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use Whitestar Cleaning or its associated website and app.

 

Other applicable terms

 

These terms of use refer to our privacy and cookie policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using Whitestar Cleaning, you consent to such processing and you warrant that all data provided by you is accurate.

 

Information about us and how to contact us

 

Whitestar Cleaning is a service that connects users (such as you) with third party providers of cleaning services and certain other services as listed on the Site (Service Providers). It enables you to engage a Service Provider in your area for the provision of those services.

Whitestar Cleaning is operated and owned by Whitestar Cleaning Services Limited (we or us). We are a limited company registered in England and Wales under company number AAAAAAA.

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at contact@whitestarcleaning.co.uk . If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

 

Disclaimer

 

We do not directly employ Service Providers and, unless otherwise specified in these terms of use, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Service Providers you engage through Whitestar Cleaning or the quality of the services they provide.

We do take reasonable measures to ensure the suitability and quality of the Service Providers, including, without limitation, conducting interviews, obtaining proof of identity and address and obtaining references. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from Whitestar Cleaning on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.

 

Use of the App

 

In consideration of you agreeing to abide by these terms of use, we grant you a non-transferable, non-exclusive licence to use the App on any mobile telephone or other handheld device (Mobile Device) controlled or owned by you. All other rights in the App are reserved by us and by our licensors and we remain the owners of the App at all times.

In addition to these terms of use and our privacy and cookie policy, your use of the App is also subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) you downloaded the App (although please note that the Appstore has no responsibility for the App or its content). To the extent that there is a conflict between those rules or policies and these terms of use and our privacy and cookie policy, these terms of use and our privacy and cookie policy shall take priority.

 

Changes to these terms of use and updates to the Site and/or the App

 

We may revise these terms of use at any time and you should check these terms of use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by email. If you do not agree to any such changes, please stop using Whitestar Cleaning and (if applicable) delete the App from your Mobile Device.

We may (but are under no obligation to) update the Site and/or the App from time to time, and may change the content on them at any time. You may, following an update, need to download the latest version of the App in order to continue using it.

Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.

 

Accessing Whitestar Cleaning

 

The Site and the App are made available free of charge and you may download the App onto any number of Mobile Devices.

We make no representations, warranties or guarantees, whether express or implied, that Whitestar Cleaning or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

Access to Whitestar Cleaning is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, Whitestar Cleaning is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access Whitestar Cleaning (including configuring your information technology) and you should use your own virus protection software.

If you control, but do not own, the Mobile Device onto which you download the App, you will be assumed to have obtained permission from the owner of the Mobile Device to do so. You or the owner of your Mobile Device may be charged by your or their mobile or internet service provider for data access on your Mobile Device. You accept responsibility in accordance with these terms of use for your use of the App on any Mobile Device, whether or not it is owned by you.

 

Registration and security

 

Use of, and access to, certain parts of Whitestar Cleaning may require you to register with us. If you wish to register, you must complete all of the fields on the registration page.

You must not create your own Whitestar Cleaning account using an email address other than your own or one that you are permitted to use and, if you know or suspect that someone other than you has successfully registered to use Whitestar Cleaning using your email address, you must notify us immediately at contact@whitestarcleaning.co.uk .

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

You may not authorise others to access Whitestar Cleaning using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at contact@whitestarcleaning.co.uk   and change your password.

You are responsible for all acts and omissions of any third parties who use your username or password to access Whitestar Cleaning, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.

 

Pricing and payment

 

Our pricing policy is set out on the Site and can be accessed here. We reserve the right to make changes to our pricing policy at any time, although we will notify you by email at least one week before any such changes take effect. If you do not agree to any such changes, you should stop using Whitestar Cleaning and (if applicable) delete the App from your Mobile Device.

When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request through Whitestar Cleaning. We will store your card details for such purpose and you agree that we may undertake authorisation checks on that card (including when you use Whitestar Cleaning to request the services of a Service Provider).

If you request the services of a Service Provider for a one-off visit, your card details will be taken automatically and processed by our third party payment service provider in advance of the scheduled visit using the card details provided by you. Payment of the balance will be taken following the end of the scheduled visit.

If you request the services of a Service Provider on a repeat basis, your card details will be taken automatically and processed by our third party payment service provider in advance using the card details provided by you. Payment of the balance will be taken following the end of the first scheduled visit. For subsequent visits, payment will be taken following the end of the scheduled visit.

The amount you will pay will comprise: (i) a fee due to the Service Provider based on the duration of the visit(s) (i.e. the number of hours worked); and (ii) a service fee due to us. We collect the fee due to the Service Provider as agent for, and on behalf of, the Service Provider.

If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use Whitestar Cleaning.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate.

 

Booking process and cancellation

 

If you request the services of a Service Provider, we will notify you by text message and/or email when a Service Provider has accepted your request and confirmed the booking.

If you decide to cancel a booking (whether for a one-off visit or on a repeat basis), you may do so via the Site or the App, subject in each case to the following conditions: (i) if a Service Provider has not yet confirmed the booking, you may cancel it without charge; (ii) if a Service Provider has confirmed the booking but has not yet carried out the services requested, you may cancel it without charge up to 48 hours before the scheduled start time of the visit (and, if we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit); and (iii) if you cancel less than 48 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as stated on the Site which will be charged to your registered credit or debit card. Cancellations direct with the relevant Service Provider are not permitted and will not be accepted.

Bookings can be made on a weekly, fortnightly or one-off basis. Users making a one-off booking are subject to no further commitment beyond their initial booking.

Weekly and fortnightly bookings are subject to a 20 booking minimum commitment. If you need to reschedule or cancel any bookings the 20 booking minimum will still stand and only apply to completed bookings, we reserve the right to charge you a cancellation fee equivalent to the full value of the uncompleted bookings to your registered credit or debit card (up to a maximum value of £48).

If a booking is cancelled by the Service Provider or if the Service Provider fails to attend the agreed location to provide the services requested, please notify us within 36 hours following the scheduled start time of the visit and, if still required, make another request for the relevant services to be provided by the Service Provider (or another Service Provider) at another mutually agreeable time. If we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit. If the service provider attends the agreed location but there is nobody at the location or there is no means of accessing the address to carry out the service, without any cancellation notice received, full payment will be taken with the provided payment details.

 

Service Providers

 

You agree to treat Service Providers courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information, cleaning supplies and co-operation required to enable them to provide the services you have requested.

You acknowledge that your preferred Service Provider, if you have one, may be unavailable from time to time, whether due to illness or vacation or through ceasing to use Whitestar Cleaning..

You agree, for so long as the agreement between you and us is in force and for a period of six months thereafter, not to book the services of, or engage, any Service Provider you have used, or whose contact details you have received from us, other than via Whitestar Cleaning.

 

Intellectual Property Rights

 

We are the owner or the licensee of all intellectual property rights in Whitestar Cleaning and in the material published on it. You acknowledge that you have no rights in or to Whitestar Cleaning or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of Whitestar Cleaning in breach of these terms of use, your right to use Whitestar Cleaning will cease immediately.

You must not use any part of the content on Whitestar Cleaning for commercial purposes without obtaining a licence or other written consent to do so form us or our licensors.

“Whitestar Cleaning” and the logo are trade marks of Whitestar Cleaning Services Limited. We reserve all rights in these trade marks, the Whitestar Cleaning domain name and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on Whitestar Cleaning and nothing in these terms of use should be construed as granting any licence or right to use any of such trade marks or domain names.

Other trade marks, products and company or brand names mentioned on Whitestar Cleaning may be the trade marks of their respective owners or licensors and all rights in such trade marks are reserved to their respective owners or licensors.

 

Your liability to us

 

You acknowledge that Whitestar Cleaning has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of Whitestar Cleaning meet your requirements.

Unless otherwise specified in these terms of use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, Whitestar Cleaning if such loss or damage is a foreseeable result of our breach of these terms of use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms of use or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of such breach or negligence.

If you are a business or an individual using Whitestar Cleaning in a business capacity, please note that:

  • • our maximum aggregate liability under, or in connection with, these terms of use (including your use of Whitestar Cleaning) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to the service fee paid by you to us during the 12 month period immediately prior to the liability arising;

  • • we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and

  • • to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Whitestar Cleaning or any content on it, whether express or implied.

If you are a consumer, you may only use Whitestar Cleaning for domestic and private use. You agree not to use Whitestar Cleaning for any commercial, business or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We will not under any circumstances be liable for:

  • • the behaviour, acts or omissions of any Service Providers you engage through Whitestar Cleaning or the quality of the services they provide; or

  • • any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of Whitestar Cleaning or your downloading of any content on it or on any website linked to it.

 

Nothing in these terms of use:

  • • excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or

  • • is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

Your liability to us

 

You may only use Whitestar Cleaning for lawful purposes. You may not use it:

  • • in any way that breaches any applicable local, national or international laws or regulations;

  • • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

  • • to send, knowingly receive, upload or download, use or re-use any material which does not comply with our content standards as set out below;

  • • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

  • • knowingly to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed adversely to affect the operation of any computer software or hardware;

  • • in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of Whitestar Cleaning; and

  • • to collect or harvest any information or data from Whitestar Cleaning or our systems or attempt to decipher any transmissions to or from the servers running Whitestar Cleaning.

 

You also agree:

  • • not to permit Whitestar Cleaning or any part of it to be combined with, or become incorporated in, any other programs;

  • • not to reproduce, duplicate, copy or re-sell any part of Whitestar Cleaning in contravention of these terms of use;

  • • not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of Whitestar Cleaning; (ii) any part of Whitestar Cleaning or its security measures; (iii) any equipment or network on which Whitestar Cleaning is stored; (iv) any software used in the provision of Whitestar Cleaning; or (v) any equipment or network or software owned or used by any third party;

  • • not to copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App; and

  • • not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us.

 

Content standards

 

These content standards apply to any and all material which you contribute to Whitestar Cleaning and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.

If you make use of any feature that allows you to post or upload any content to Whitestar Cleaning (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with Whitestar Cleaning or other users of Whitestar Cleaning), any such content must be accurate and genuine and must not:

  • • be defamatory of any person;

  • • be obscene, offensive, hateful, inflammatory or otherwise objectionable;

  • • promote violence or indecent or sexually explicit material;

  • • infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person;

  • • be likely to deceive any person;

  • • be made in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • • advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of Whitestar Cleaning;

  • • be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;

  • • be likely to harass, upset, embarrass, alarm or annoy another person;

  • • be used to impersonate any person or to misrepresent your identity or affiliation with any person;

  • • give the impression that they emanate from us, if that is not the case;

  • • relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or

  • • disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.

 

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Whitestar Cleaning and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to Whitestar Cleaning constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove or delete any posting you make on Whitestar Cleaning or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content.

 

Suspension and termination

 

You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us at contact@whitestarcleaning.co.uk.

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of whitestarcleaning.co.uk and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

  • • immediate, temporary or permanent withdrawal of your right to use Whitestar Cleaning;

  • • immediate, temporary or permanent removal of any content uploaded, posted, submitted or displayed by you on or to Whitestar Cleaning;

  • • issue of a warning to you;

  • • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • • further legal action against you; and

  • • disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

 

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we deem reasonably appropriate.

If we withdraw your right to use Whitestar Cleaning:

  • • all rights granted to you under these terms of use shall cease;

  • • you must immediately cease all activities authorised by these terms of use, including your use of Whitestar Cleaning;

  • • you must, if applicable, immediately delete the App from all Mobile Devices; and

  • • you must not attempt to re-register to use Whitestar Cleaning.

 

Linking to the Site

 

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above.

If you wish to make any use of any content on the Site other than that set out above, please contact us at contact@whitestarcleaning.co.uk.

 

Links to third party websites and resources

 

The Site and/or the App may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

 

Events outside our control

 

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

 

Other important terms

 

We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.

You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These terms of use are not intended to confer rights on anyone other than you and us.

 

Applicable law

 

These terms of use, their subject matter and formation are governed by English law. If you are a consumer, the courts of England and Wales will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland). If you are a business, you and we each agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.