Stain Busters Terms and Conditions

(Effective 01 August 14 and subject to change)

 

INTRODUCTION

These terms and conditions (“the Terms”) govern the agreement between the Customer (“you”), the Technician and

Stain Busters Cleaning Systems. By booking an appointment with us, you are bound by the Terms.

In addition to the Terms, there are also specific and additional terms and conditions which form part of the General

Terms and Conditions and govern your use of the Stain Busters website, available at http://www.stainbusters.com.au.

You are also bound by these terms and conditions and therefore recommended to read them before using the

website.

 

MEANINGS OF WORDS

In this agreement:

Adding Credit’ or ‘Deposit’ means the process of making a deposit of funds into your Wallet using one of the

Payment Methods, which will be available for payment of Appointment booking charges after Payment Clearance.

Booking Fee’ means the amount notified on our website from time to time as a percentage of the Appointment Cost

for each Appointment booking made online and may vary from time to time.

Customer’ means the person entering into this agreement.

Credit’ means credit balance in your Wallet taking into account all Deposits into the account and less any Payments

for Appointment Cost, Booking Fees, or other valid charges.

Technician’ means an accredited Carpet Cleaning Technician you book to provide a Learner with an appointment.

Appointment’ means a carpet cleaning or associated service Appointment provided by the Technician through Stain

Busters Cleaning Systems.

Appointment Cost' means the Price net of any applicable discounts.

Appointment Management System Site’ means the internet based software application provided by the Booking

Agent for you and other registered users to book and manage Appointments and payments.

Appointment Management System Content’ means all text, graphics, video, data or other content on the

Appointment Management System Site.

Payment Methods’ means Electronic Funds Transfer (EFT), Credit Card payment (either VISA or Mastercard),

BPAY(c), Direct Deposit to our nominated bank account as advised online or payment directly to an Technician with

prior arrangement with our booking office.

Payment Clearance’ means the time between you making a payment using a Payment Method other than Credit

Card and the Deposit appearing in the banking records of the Booking Agent.

Price’ means the price charged to the Customer for the Appointment set out in this document as varied from time to

time and advised to you prior to payment.

Refund’ is the return of valid payments and charges for any Stain Buster product.

Return’ is the repayment to you of any credit balance in your Wallet after all valid payments and charges for

Appointments, Cancellations and No Shows and other fees and charges payable to us and the Technician.

User’ means the Customer.

Wallet’ means the account established with the Booking Agent.

we’, ‘our' and ‘us’ means the Technician or Stain Busters Cleaning Systems as the case may be.

you’ means the Customer.

 

PROVISION OF APPOINTMENTS

We provide Appointments on the Terms which take effect at the time of booking. If you book more than one

Appointment at the same time, the Terms at the time of booking will apply to each Appointment booked at that time.

In return for the payment of the Appointment Cost and Booking Fee we provide you with an appointment by the

Technician notified at the time of booking unless otherwise notified by us.

The Terms may be varied at any time subject to giving you reasonable notice via the website

www.stainbusters.com.au. If you continue to book Appointments after the date on which any changes to the Terms

take effect, you will be deemed to have agreed to such changes.

BOOKING APPOINTMENTS WITH US

You must book all Appointments through the Booking Agent either via the Call Centre on 1300 078 246 or the

Appointment Management System Site at www.stainbusters.com.au/idi_portal/login.aspx.

Any bookings made directly with a Technician will be of no effect until you have notified the Booking Agent and the

Booking Agent has confirmed that booking. If a Technician provides you with an appointment which has not been

booked through the Booking Agent, you agree that the Terms apply to that Appointment as if you had booked the

Appointment through the Booking Agent.

REFUND POLICY

You can request a refund of the purchase price of any Stain Buster product that has been supplied to you if the

product is found to be faulty within 28 days of the purchase. It may be requested that the product be returned to the

place of purchase at the discretion of the Stain Buster agent.

Should you deem the product be not suitable for purpose you can return the product unused and a full refund will

apply. The cost of the return of the goods is to be paid by the customer.

YOUR WALLET

You can Add Credit to your Wallet by depositing funds using one of the Payment Methods. You may deposit up to a

maximum of $500.00 into your Wallet at any one time.

The funds in your Wallet will not attract interest and may only be used by you or an authorized person acting on your

behalf, who can answer the 3 point privacy check performed by the Stain Busters Cleaning Systems Call Centre.

A Receipt for each deposit to your Wallet is available on the Appointment Management System Site or from the

Booking Agent upon request.

RETURN OF WALLET CREDIT

You may request a Return of Credit in your Wallet at any time where the Credit has not expired. Credit will expire 365

days from the date of your last deposit transaction and any credit remaining in the Wallet at this time will be forfeited.

We will process the Return within 3 working days after the request to the Credit Card used for payment or your

nominated bank account, less a processing fee equivalent to the Booking Fee Where Booking Fee has already been

paid.

PAYMENT FOR YOUR BOOKINGS

You must pay the Appointment Cost and the Booking Fee in full at the time of booking by confirming that the amounts

for those items may be debited from your Wallet. The Technician is not obliged to provide you with an appointment if

the Appointment Cost has not been paid in full. If the Technician provides you with an appointment before the

Appointment Cost is paid in full, any part of the Appointment Cost outstanding for the Appointment is a debt due to us

and payable immediately on demand whether or not any further Appointments are provided to you.

Overdue Invoices will be charged an account keeping fee of $10 each month (or part thereof) while such Invoices

remain outstanding.

A Tax Invoice for each Appointment is available on the Appointment Management System Site or from the Booking

Agent upon request.

RESCHEDULING OF APPOINTMENTS

If you wish to reschedule an appointment, you must do so through the Booking Agent. If you reschedule an

appointment with less than 48 hours advance notice of the scheduled time, we reserve the right to consider the

Appointment cancelled and charge as set out below.

We may reschedule an appointment at any time by giving you reasonable notice including by telephone, email or

SMS.

CANCELLING THE APPOINTMENT

If you wish to cancel an appointment, you must do so through the Booking Agent. If you cancel the Appointment with

less than 48 hours notice, a Cancellation Fee will be applied.

If you cancel an appointment with more than 48 hours notice, you may request a refund of any money paid for the

Appointment less a handling fee of $10.00 or apply any Credit for the Appointment in full towards another

appointment.

LATENESS AND NON ATTENDANCE (NO SHOWS)

If you arrive late for an appointment the Technician may only be able to offer you the remaining Appointment time if

they have a commitment to another Appointment immediately after, and you will be charged for the full Appointment

Cost for the Appointment.

If you are more than 15 minutes late for an appointment without notifying us we reserve the right (at the Technician’s

reasonable discretion) to cancel the Appointment and charge the full Appointment Cost.

If you do not attend an appointment (No Show) we reserve the right to cancel the Appointment (at the Technician’s

reasonable discretion) and charge the full Appointment Cost for the Appointment.

ACKNOWLEDGEMENTS

You acknowledge that:

* the Technician has sole discretion as to whether an appointment will commence or continue;

* we do not accept any liability whatsoever for personal property whilst the Technician is providing services at your

premises; and

* if you are not the property owner, you have made the owner aware of these acknowledgements.

LIMITATION OF LIABILITY

Certain State and Commonwealth legislation, including the Trade Practices Act 1974 (Cth), imply warranties or

conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These

Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those

statutory provisions.

Except for any liability which cannot be excluded by law or which is caused by our negligence, our liability for any loss

(whether direct or indirect), damage or liability whatsoever (including to a third party) which may be suffered in

relation to the Appointment, is limited to the re-supply of the Appointment.

You agree to indemnify and keep us indemnified against any loss, damage, liability or costs whatsoever (including to

a third party) in connection with:

* your breach of the Terms; and

* access and use of service at the property for the Appointment.

This Limitation of Liability clause continues to have effect after this agreement is terminated.

NO WARRANTIES

We give no warranty or guarantee that you will:

* pass any Property Management inspection; or

* tenancy rental inspection.

USE OF WEBSITE

Much of the Appointment Management System Content is updated on a real time basis and is proprietary or licensed

to the Booking Agent or third parties. By using the Appointment Management System Site, you agree not to:

· use any robot, spider, scraper or other automatic device, process or means to access the Appointment

Management System Site for any purpose without the Book Agent’s prior written permission;

· take any action that imposes or may impose (in the Booking Agent’s sole discretion) an unreasonable or

disproportionately large load on the Appointment Management System Site;

· implement any manual processes to monitor or copy the Appointment Management System Content without the

Booking Agent’s prior written permission;

· utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the

Appointment Management System Site; and

· you must have JavaScript enabled to use this site. Portions of the Appointment Management System Site, including

but not limited to: making, modifying or cancelling bookings, may not be accessible with JavaScript disabled; and

· you must have Cookies enabled to use this site. Portions of the Appointment Management System Site, including

but not limited to: making, modifying or cancelling bookings, may not be accessible with Cookies disabled.

The Appointment Management System Site may be modified or terminated without notice at any time. We may use

commercially reasonable efforts to send notice to our registered users if such termination is to occur.

USER NAME AND PASSWORD SECURITY

· You are solely responsible for maintaining the confidentiality of your User Name and Password.

· You are solely responsible for any and all activities that occur under your User Name and Password.

· You agree to notify the Booking Agent immediately of any unauthorised use of your User Name and Password or

any other breach of security.

· You are liable for all acts or omissions that occur under your User Name and Password.

· If, in the Booking Agent's reasonable opinion, you breach any of the terms or conditions governing your use of the

Appointment management System Site, the Booking Agent may suspend your access to the Appointment

Management System Site and if (in the Booking Agent’s reasonable opinion) necessary, initiate criminal or civil

proceedings against you.

INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

The information, software or services provided by the Appointment Management System Site (“Services”) and the

Appointment Management System Content are protected by copyright, trademark, patent and other intellectual

property laws. The Appointment Management System Content is provided to you by the Booking Agent for the sole

purpose of booking, paying and managing your Appointments. You shall not copy, display, modify, create derivative

works of, publish, or sell the Appointment Management System Content or the Services provided hereunder.

The Appointment Management System Content may be modified from time to time in the Booking Agent’s sole

discretion.

Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the

Services or the Appointment Management System Content by you shall constitute a material breach of this

agreement.

Nothing in this agreement shall affect any rights of the Booking Agent in the Services or the Appointment

Management System Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets

or other intellectual property rights. No license, right or interest in any trademarks of the Appointment Management

System Site or any third party is granted under this agreement.

LINKS TO THIRD PARTY SITES

The Appointment Management System Site may contain hypertext links to websites operated by parties other than

the Booking Agent. Such hypertext links are provided for your reference only and the Booking Agent does not control

such websites and is not responsible for their content. The Booking Agent's inclusion of any hypertext links to such

websites does not imply any endorsement of the content of such websites or any association with their operators.

PRIVACY

You agree that any personal information given to us or to the Booking Agent can be stored and used by us and the

Booking Agent for the purpose of providing Appointments to you and for purposes reasonably incidental thereto

including the due administration and management of our business. We will maintain and duly observe a privacy policy

published at http://www.stainbusters.com.au/.

CURRENCY

All prices and charges are in Australian Dollars (AUD) including GST as applicable.

APPLICABLE LAW

This agreement is governed by the laws of the Australian Capital Territory.