Background

Liberty Groom Pty. Ltd (hereby referred to as “Liberty Groom”) operates an online platform accessible at www.libertygroom.com.au (the “Website”) as well as mobile applications, enabling customers (“Users”) to book cleaning services (“Cleaning Services”) by submitting a Booking Request. Liberty Groom matches Users with suitable Cleaners from its database. This agreement governs the access to and use of the Liberty Groom Website and mobile applications. Users enter into a contractual relationship with Liberty Groom for the use of the platform and separately with Liberty Groom as agent for the Cleaner for the provision of the Cleaning Services.

Liberty Groom Pty. Ltd (A.B.N. 35 673 695 666)

AND THE PARTIES HEREBY AGREE:

Access to and use of the Website and mobile applications are subject to the terms and conditions outlined in this agreement (the “Terms”).

1. Definitions and Interpretation

In these Terms (including the background), unless the context otherwise requires:

“Booking” refers to the appointment made by Users on the Website or mobile applications for the provision of Cleaning Services;
“Booking System” denotes the online system facilitating the creation of Bookings;
“Cleaning Fee” is the charge for the Cleaning Services, as communicated by Liberty Groom from time to time, inclusive of applicable taxes;
“Intellectual Property Rights” encompass all current and future rights worldwide related to copyright, trademarks, designs, patents, or other proprietary rights;
“Site Content” includes all material, content, and information available on the Website and/or mobile applications, such as text, graphics, images, logos, trademarks, audio, video, and any other forms of expression;
“you” or “your” denotes the user of the Website or mobile application.

www.libertygroom.com.au
2. Interpretation

In these Terms, unless the context otherwise requires: headings are for convenience only and do not affect its interpretation or construction; the singular includes the plural and vice versa;
references to recitals, clauses, subclauses, paragraphs, annexures or schedules are
references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
words importing a gender include other genders; the word “person” means a natural person and any association, body or entity whether incorporated or not;
where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
all monetary amounts are in Australian currency;
a reference to time refers to Eastern Standard Time; “includes” is not a word of limitation;
no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
a reference to any thing is a reference to the whole and each part of it;
a reference to a group of persons is a reference to all of them collectively and to each of them individually;
and a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.

1. 
   2.Terms and Conditions

Access to and use of the Website and mobile applications are governed by these Terms.

Liberty Groom reserves the right to change these Terms without notice by updating this document. Users should regularly review these Terms as changes take immediate effect upon publication. Continued use of the Website and/or mobile applications constitutes acceptance of the amended Terms.

Users acknowledge that hyperlinks to Third Party Sites on the Website or mobile applications are beyond Liberty Groom’s control and not part of its platforms. Liberty Groom is not liable for activities on Third Party Sites.

3.Acceptance

To use the Website or mobile applications and make a Booking, Users must agree to these Terms.

Acceptance involves:
Creating a User Profile;
Giving Permissions for camera and Microphone access,
and Clicking to accept/agree to the Terms.

Users may not accept the Terms or access the platforms if:

They are not of legal age to form a contract with Liberty Groom;
or They are barred from entering contracts by law.

In such cases, Users must leave the platforms immediately. By accepting the Terms, Users confirm fairness, understanding, and lack of coercion, with the opportunity for independent legal advice if needed.

4.User Profile

Users receive a unique username and password for their User Profile, which is non-transferable. Users are responsible for all activity on the Booking System using their credentials and any associated payments.

Users confirm they are at least 18 years old and authorized to use the platforms. All information provided must be accurate.

Liberty Groom may delete or block User Profiles at its discretion, and blocked Users cannot create new profiles.

5.Booking System

Bookings are made through the Booking System on the Website or mobile applications. Upon Booking, Users receive confirmation, a tax invoice/receipt, and the contractual relationship for Cleaning Services.

Liberty Groom forwards Users’ details and Booking information to its network of Cleaners, who confirm acceptance.

Users can request preferred Cleaners, but availability is not guaranteed.

If a confirmed Cleaner cannot fulfill a Booking, Liberty Groom arranges an alternative or reschedules.

Users cannot engage Cleaning Services outside the platforms.

The Booking System is provided on the Website or mobile phone applications to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.

You are prohibited from making any speculative, false, or fraudulent reservations. It’s agreed that the reservation system shall be utilized solely for legitimate booking purposes, either for yourself or on behalf of someone else whom you have the legal right to represent. You recognize that misusing the reservation system could lead to your access being revoked.

Liberty Groom reserves the right to modify, add, or remove features on the Website or mobile applications at any time, according to its discretion.

6.Payment

Payment details are transferred to Liberty Groom’s secure gateway upon the first Booking. Fees are charged at the time of Booking.

For recurring Bookings, payment details are transferred 72 hours before scheduled services.

Liberty Groom holds fees until settlement with the Cleaner or refund to Users.

Refunds, if applicable, are processed within 48 hours.

7.Changes and Cancellations

Users may cancel or amend Bookings free of charge up to 24 hours before the scheduled service. Cancellations within 24 hours incur fees.

No changes or cancellations are permitted during service provision.

The Cleaning Agreement terminates upon service completion.

If a Cleaner cannot fulfill a confirmed Booking, Liberty Groom attempts to find a replacement or reschedules.

8.Cleaning Service

Liberty Groom operates the Website and mobile applications as a third-party facilitator for Cleaning Services, providing you with the platform to purchase the Cleaning Services. Liberty Groom is not an agent or broker for you. You enter into any transaction with Liberty Groom on behalf of a Cleaner entirely at your own risk.

Liberty Groom uses its best efforts to monitor the Cleaning Services offered by a Cleaner. However, Liberty Groom does not make any representation as to the safety, quality, condition, or description of any products used or Cleaning Services provided by the Cleaner. Any issues regarding safety, quality, condition, or description should be notified to Liberty Groom, who will then pass the issue onto the Cleaner designated to your Booking. You should refer to the terms and conditions of your Cleaning Agreement for further information.

All bookings are subject to Cleaner availability.

9.Termination

Liberty Groom does not act as an agent or broker on your behalf. Any transactions with Liberty Groom for Cleaner services are entirely at your own risk.

Upon termination, you will no longer be authorized to access the Website, mobile applications, or any other Liberty Groom services using the email address with which you registered or any other email addresses you own;

You will still be subject to and bound by all restrictions imposed on you by the Terms;

All licenses you’ve granted, along with any disclaimers by Liberty Groom and limitations on Liberty Groom’s liability outlined in the Terms or on the Website or mobile applications, will remain in effect after termination.

You may terminate this agreement by emailing Liberty Groom at info@libertygroom.com. Liberty Groom will deactivate your User Profile within fourteen (14) days of receiving your request for termination.

Liberty Groom reserves the right to deduct any outstanding fees and charges owed to Liberty Groom and/or the Cleaner associated with your User Profile before disabling it.

10.Dispute Resolution Policy

Liberty Groom will make reasonable efforts to mediate any disputes related to the use of the Website or mobile applications.

Should there be any disputes regarding the Cleaning Services performed by a Cleaner or any other matter, they will be directed, where suitable, to external dispute resolution services or authorities for handling.

11.Security of Payment

Liberty Groom has implemented comprehensive measures, both technically and systematically, to safeguard your information effectively. All transactions and credit card details are processed through a secure payment gateway. However, Liberty Groom does not guarantee or represent the security strength or efficacy of the secure payment gateway and cannot be held liable for incidents resulting from unauthorized access to your information.

12.Privacy

In this section, “Personal Information” refers to data or opinions (including data or opinions forming part of a database), regardless of their truthfulness or whether they are recorded in a tangible format, concerning an individual whose identity is evident or can reasonably be inferred from the data or opinion.

Liberty Groom gathers and retains Personal Information that you provide in your User Profile. The Personal Information collected by Liberty Groom is handled in accordance with our Privacy Policy, which is accessible at www.libertygroom.com/privacy.

You consent to Liberty Groom disclosing your Personal Information, including your name and address, to the Cleaner to facilitate the provision of Cleaning Services.

Both parties are required to comply with the relevant Australian Privacy Principles outlined in the Privacy Act 1998 regarding their collection, use, disclosure, and storage of Personal Information.

13.Intellectual Property

The content on the site is protected by copyright, and Liberty Groom retains all Intellectual Property Rights that may exist in the site content and/or the website and/or mobile applications.

 

By agreeing to the Terms, you are provided with a non-exclusive license to:

View the website and/or mobile applications;
Print pages from the website and/or mobile applications in their original form; and
Download any material from the website and/or mobile applications solely for caching purposes.
Without prior written consent from Liberty Groom, which it may withhold at its absolute discretion, you must not:

Copy, republish, reproduce, duplicate, or extract site content;
Redistribute, sell, rent, or license any site content; or
Edit, modify, or vary the site content.

14.Acceptable Use

You are prohibited from using this website or mobile applications in any manner that:

Violates any of these Terms;
Infringes on Liberty Groom’s or any third party’s Intellectual Property Rights;
Is fraudulent, illegal, or unlawful; or
Hampers the availability or accessibility of the website or mobile applications.
Additionally, you must not use, or facilitate the use of, this website or mobile applications to store, host, transmit, send, or distribute any content that includes:

Spyware;
Computer viruses;
Trojans;
Worms;
Keystroke loggers; or
Any other harmful computer software.

15.Indemnity and Liability

General Indemnity

You agree to indemnify Liberty Groom, upon request, for any claims, actions, damages, losses, liabilities, costs, charges, expenses, or payments Liberty Groom may face or incur due to any actions you undertake or fail to undertake in violation of these Terms.

General Limitation of Liability

We shall not be held accountable to you, whether in contract, tort, or equity, for any direct, indirect, or consequential losses incurred by you regarding the content, usage, or reliance on the site content or in connection with the website or mobile applications.

Cleaning Services Liability

To the fullest extent permitted by law, Liberty Groom disclaims all responsibility and shall be exempt from all liability for any loss, damage, personal injury, death, or property damage that you or any other person may experience related to the provision, or failure to provide, the cleaning services.

Accuracy of Information

You acknowledge and accept that some content on the site may come from blogs or comments by other users of the website or mobile applications. Liberty Groom is not liable for the accuracy of such information or your reliance on it. The site content is provided for general information purposes only and should not replace professional advice where necessary.

Acceptance

By using the website or mobile applications, you acknowledge and agree that the indemnity and liability limitations set forth in this clause are reasonable.

16.Warranties and Representations

The utilization of this website or mobile applications is entirely at your risk. The content on the site and all materials provided through the website or mobile applications are offered to you on an “as is” and “as available” basis, devoid of any warranties or conditions, either expressed or implied.

None of Liberty Groom’s affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors provide any form of express or implied warranty or representation regarding the content on the site, or the website or mobile applications themselves.

17.General Provisions

Any part of these Terms, or the application thereof, that is deemed prohibited in any jurisdiction will only be ineffective in that specific jurisdiction to the extent of the prohibition.
Should any part of these Terms be found void, illegal, or unenforceable in any jurisdiction, it does not compromise the validity, legality, or enforceability of that provision in another jurisdiction or of the remaining provisions in any jurisdiction.

If any provision is determined to be void, illegal, or unenforceable, it can be severed from these Terms without impacting the validity of the remaining provisions.

These Terms are governed by and interpreted in accordance with the laws currently in force in New South Wales, and you agree to the non-exclusive jurisdiction of the Courts of New South Wales.