- 2in1 Cleaning was founded with the aim of connecting Customers with Service Providers that provide car cleaning, valeting and detailing services. We do this by hosting the Platform, which uses GPS data to helps Customers locate and book Cleaning Services with our Service Providers.
- These Terms constitute a contract between all Users of the Platform and/or our Platform Services (you) and 2in1 Cleaning. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these Terms, you must not use our Platform.
- By registering an account with 2in1 Cleaning as a Service Provider or a Customer, you represent and warrant that:
- you are at least 18 years of age;
- you accept full responsibility for the use of the Platform through your account on any device, whether or not it is owned by you; and
- you will fully comply with these Terms and any applicable laws.
2in1 Cleaning/ ‘we’ ‘us’ ‘our’ means the company that provides the Services and maintains this Platform being 2in1Cleaning Services Ltd, a company registered in England with UK company registration number: 13426316, having its registered office at Flat 26 Aveley Court, 21 Detmold Road, London, England, E5 9NN.
Business means a commercial entity that is providing or Ordering the Services in connection with a trade, craft or profession.
Cleaning Services means the creation and provision of Cleaning Services to Customers in return for the Service Provider Fees.
Commission Fee means the fee payable to 2in1 Cleaning by Service Providers under these terms as defined in Clause 10.2.
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
Cleaning Services Contract means the binding agreement between the Customer and the Service Provider for the provision of Cleaning Services.
Customers means all users of the Platform that engage Service Providers for Cleaning Services.
Distance Contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded.
Listing(s) means any Business profile searchable on the Platform created by a Service Provider.
Order means the Customer’s initial commitment to purchase Cleaning Services, submitted following the step by step process set out on the Platform or as otherwise agreed between the parties (‘Ordering’ and ‘Ordered’ shall be construed accordingly).
Platform means the ‘2in1 Cleaning’ online platform which includes its proprietary domain [insert] and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by 2in1 Cleaning.
Platform Services means the services provided by 2in1 Cleaning to Customers and Service Providers as defined in Clause 1.1.
Service Provider means one of our approved Service Providers that Customers may engage for Cleaning Services through the Platform.
Service Provider Fees means the fees payable to Service Providers by Customers in return for Cleaning Services, payable to Service Providers in accordance with these Terms.
Stripe Connected Account means a Service Provider’s online bank account where the Service Provider has agreed to the Stripe Services Agreement and received approval from Stripe to receive the Stripe Services;
Stripe Services Agreement means the Stripe Connected Account Agreement, which includes the Stripe terms of service;
Stripe Services means the payment processing services offered by Stripe to 2in1 Cleaning and Stripe Connected Accounts including services that enable the acceptance of payments from Customers and the routing of money to and from Stripe Connected Accounts.
User means Customers and Service Providers that use the Platform.
TERMS FOR CUSTOMERS
- Before Ordering Cleaning Services, you will either be required to register for an account via the Platform or you can continue as a ‘guest’. Should you register an account, you remain responsible for all actions and security in relation to your account.
- Contact e-mail address; and
- Payment information.
- You can change your details and preferences at any time in the ‘my account’ section of the Platform.
- We may contact you by using e-mail or other communication methods and you expressly agree to this.
- By ordering Cleaning Services from a Service Provider you consent to your personal information being shared with that Service Provider. Once this information has been passed directly on to the Service Provider, the Service Provider may contact you via the Platform.
2.Basis of the Cleaning Services Contract
- To Order any Cleaning Services, you must first use the Service Provider directory function to choose a conveniently located Service Provider from the Listings available on the Platform.
- Once you identify a suitable Service Provider, you may make Orders for Cleaning Services from that Service Provider.
- The Order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- The Cleaning Services Contract will be formed for the Cleaning Services you have Ordered when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
- You will receive the Order Confirmation within a reasonable time after making the Cleaning Services Contract, but in any event not later than the commencement of your Cleaning Services.
- The description of the Cleaning Services on our Platform does not constitute a contractual offer on behalf of the Service Provider to provide any Cleaning Services to you. When an Order has been submitted on the Platform, we can reject it for any reason, although we will try to tell you the reason without delay. This may be because a Service Provider has rejected the Order for some reason, because of unexpected limits on our resources which we could not reasonably plan for or because you have Ordered Cleaning Services in the past and we have received complaints due to your conduct. In such an instance, if payment has already been taken, we will refund you in full.
- If your Order is rejected by the Service Provider, there will be no further obligation on our behalf and we would encourage you to look for another Service Provider that fits your criteria.
- Once the Cleaning Services Contract has been formed, 2in1 Cleaning discharges its responsibilities to you and all contractual matters relating to the performance of the Cleaning Services are between you and the Service Provider. It is therefore of the utmost importance that you communicate any important information relating to your Order with the Service Provider, including any preferences you have regarding the Cleaning Services.
3.Service Provider Fees
- The price of the Service Provider Fees are those set out on the relevant Listing on the date of the Order.
- You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
- Prices and charges are inclusive/exclusive of VAT at the rate applicable at the time of the Order.
- All Fees must be taken through the Platform. We process payments using Stripe Services which are subject to the Stripe Terms of Service, incorporated into these Terms by reference. If you try to make any payment to Service Providers outside of the Platform, we reserve the right to terminate your use of the Platform without notice.
- Our preferred currency is GBP. If Service Provider Fees are not received in in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.
4.Cancellation for Consumers
Right to cancel
- The Cleaning Services Contract is a distance contract which, if you are a Consumer, is subject to the cancellation rights (Cancellation Rights) set out below. Subject to Clause 3, if you are a Consumer, you can cancel your Order for Cleaning Services by telling us before the Cleaning Services Contract is completed i.e. prior to receipt of the Order Confirmation or within 14 days of Ordering the Services (the “Cooling-off Period”), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund.
- To exercise the right to cancel the Cleaning Services Contract, you must inform us of your decision to cancel by a clear written statement via the Platform. We will then communicate to you an acknowledgement of receipt of such cancellation in a durable medium (for example by email) without delay.
- These Cancellation Rights change if you have already begun receiving the Cleaning Services at the time of that you serve notice of cancellation under Clause 2 as follows:
- Should you request cancellation of an Order within the Cooling-off Period, you shall be entitled to a refund, less the value of the Cleaning Services that have already been performed by the Service Provider up to and including the date which you give notice on a pro-rated basis; and
- If the entirety of the Cleaning Services have already been performed during the Cooling-off Period, you will have no right to cancellation or a refund.
- We may terminate your use of this Platform at any time by writing if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you breach these Terms or the Acceptable Use Policy; or
- you demonstrate a pattern of behaviour which in our sole opinion is likely to cause damage to our reputation or cause harm to any other User.
- If we terminate your use of this Platform in the situations set out in Clause 4, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching these Terms.
Timing of reimbursement
- If a reimbursement is due under this Clause, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If, due to circumstances beyond our control, a Service Provider cancels your Order for any reason, we will inform you through the Platform immediately and you will receive a pro-rated refund to the credit or debit card you paid with.
TERMS FOR SERVICE PROVIDERS
1.Service Provider Registration
- If you wish to become one of our Service Providers, you must first register for an account through the Platform. We will then assess your application and we may ask you for more details. We will require certain information during the verification process, which may include, but is not limited to:
- Name and Business name;
- Cleaning Services available;
- company number if applicable; and
- bank account details.
- You warrant that you are authorised to represent the Business that you claim to represent that you are authorised to bind the Business to these Terms which constitute the entire agreement between us in relation to your use of the Platform Services. You further acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
- Service Providers are permitted to upload content to our Platform through their Listing. By permitting us to upload any Listing to our Platform, the Service Provider grants 2in1 Cleaning and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Listing and/or to incorporate it into other materials in any form, for commercial purposes.
- Service Providers are permitted to link to their Listing on the Platform via embedded links using a portal provided by 2in1 Cleaning.
- If for any reason after accepting an Order for Cleaning Services, a Service Provider wishes to cancel the Order for any reason, they must notify us through the Platform immediately. The Service Provider must then refund the full amount of any Fees received and we reserve the right to charge a small cancellation fee to cover the costs it may incur in processing the refund.
2.Service Provider Obligations
- The Service Provider represents and warrants that:
- They shall provide the Cleaning Services with reasonable care and skill;
- they have the necessary authority, rights and licences to submit the Listing on the Platform and are not breaching any third-party intellectual property rights by publishing any Listing;
- they shall not misuse any personal data of Customers shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 3) or send unsolicited communications to Customers;
- they shall not try to circumvent the Platform for financial gain or otherwise;
- they shall respond promptly to any and all enquiries from Customers in relation to the Cleaning Services;
- they shall respond promptly to any and all enquiries from 2in1 Cleaning when contacted; and
- they shall at all times adhere to the Acceptable Use Policy and that they shall not use any threatening or unsuitable language, or display any inappropriate behaviour when dealing with Customers.
- The Service Provider shall indemnify, defend and hold harmless 2in1 Cleaning against all losses that 2in1 Cleaning incurs or suffers however arising as a result of or in connection with:
- the Service Provider’s breach of the warranties set out in Clause 1;
- the Service Provider’s breach or negligent performance or non-performance of any obligations under these Terms;
- any damage to reputation suffered by 2in1 Cleaning as a result of the Service Provider’s breach of these Terms or negligence; and/or
- any claim made by a Customer or any third party arising out of or in connection with the Cleaning Services, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Service Provider or its staff or contractors where applicable.
- 2in1 Cleaning reserves the right to suspend and terminate the use of the Platform by any Service Provider that breaches these Terms or if it receives more than two complaints about any Service Provider from Customers.
3.Service Provider Fees and Commission Fees
- Service Provider Fees are paid by Customers to Service Providers via the Platform.
- The Customer will authorise Stripe to pay the Service Provider Fee to the Service Provider’s Stripe Connected Account. The Commission Fee will then be deducted from the Service Provider Fee and paid to 2in1 Cleaning. The Commission Fee is calculated at 7% of the total Service Provider Fees charged in respect of the Cleaning Services. All Commission Fees are subject to VAT.
- Payment processing services for Service Providers are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these Terms of Business and continuing to use the Platform Services, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. Under no circumstances can the Stripe Services be used in violation of the Stripe Services Agreement and any failure to comply by you will be a material breach of this Terms which may result in 2in1 Cleaning terminating your use of the Platform.
- Subject to agreeing to the Stripe Services Agreement and to receiving approval from Stripe to become a Stripe Connected Account, you must adhere to the following additional terms in order to be a Stripe Connected Account:
- you agree to provide us with accurate and complete Know Your Client information about your Business and the ownership of your business and to update that information whenever necessary to ensure it is accurate at all times;
- you hereby authorise us to act on your behalf in setting up, creating and managing your Stripe Connected Account and any other activity required for the operation of the Stripe Connected Account and to receive notices from Stripe on its behalf;
- you hereby authorise us to access your Stripe Connected Account data and to share the Stripe Connected Account data with Stripe. Stripe and 2in1 Cleaning are independently responsible for ensuring that Stripe Connected Account data within our possession or control is protected from unauthorised disclosure; and
- you understand and acknowledge that if we suspect you of any fraudulent, unlawful, deceptive or abusive activity, it is contractually required to inform Stripe promptly of this on becoming aware.
- 2in1 Cleaning is not liable for the processing times of Stripe who are responsible for any delays in processing Service Provider Fees due to Service Providers.
- Our preferred currency is GBP. If Service Provider Fees are not received in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.
- All 2in1 Cleaning Service Providers are fully responsible for compliance with any applicable local laws and regulations in regard to the Service Provider Fees that they receive from the Cleaning Services including the payment and reporting of any applicable income taxes and VAT. For the avoidance of doubt, 2in1 Cleaning is not responsible for Service Providers’ tax payments or any other financial obligation and cannot provide the Service Providers with any advice in this regard.
Nothing in these Terms shall be interpreted as meaning that any individual representative of a Service Provider is an employee of 2in1 Cleaning and agrees that all Services provided to Customers are as a self-employed person or as a Business and are therefore excluded from the provisions of the Working Time Regulations and any benefits or rights attributed to employees including, but not limited to, entitlement to paid holiday or leave from 2in1 Cleaning
- Platform Services The description of the Platform Services is as stated on the Platform, marketing e-mails or any other form of advertisement provided by the us. Any description is for illustrative purposes only.
- We reserve the right to make beneficial changes to the Platform Services. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.
- Intellectual property We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- “2in1 Cleaning“ is an unregistered trade mark and is legally protected by the laws of “passing off” and “unfair competition”. No rights are granted to Users or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
- You are permitted to:
- print off one copy or download extracts of any page(s) from our Platform for your personal use; and
- draw the attention of others within your organisation to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.
- However, you must not:
- modify the paper or digital copies of any materials you have printed off or downloaded in any way;
- use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
- use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Viruses and maintenance We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
- You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
- You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
- We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
- Third-party Links on our Platform Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
- Successors and our sub-contractors We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
- No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party’s consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
- Circumstances beyond the control of either party In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.
- Privacy Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Platform Services to you.
- Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, please contact us.
- Reliance on our Platform The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
- Prohibited use You may not use the Platform for any of the following purposes:
- in any way which causes, or may cause, damage to the Platform or interferes with any other person’s use or enjoyment of the Platform;
- in any unlawful or fraudulent manner;
- to transmit, or to procure the transmission of any unsolicited marketing materials to us;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform; or
- making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
- Erroneous transactions and fraud Should we make payment in error to Service Providers, we reserve the right to pursue reimbursement in the Platform by deducting the amount from future Service Provider Fees or using all available legal remedies.
- Limitation of liability We provide the Platform Services only and we are not responsible and accept no liability whatsoever in respect of the Cleaning Services that Customers receive from a Service Provider on the Platform.
- If you are a Customer, we limit our liability as follows:
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process;
- Subject to Clause 2.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Platform Services. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Service Provider Fees paid by you under the Cleaning Services Contract; and
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for Business loss (for example loss of profit) which would not be suffered by a Consumer because we believe Customers are engaging our Services as Consumers.
- If you are a Service Provider, we limit our liability as follows:
- Except to the extent expressly stated in Clause 3.3, all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are expressly excluded.
- Subject to Clause 2.3, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Platform Services. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £10,000.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations including breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
- Whether you are a Consumer or a Business, this Platform and the Platform Services advertised on it are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
- The Service Provider agrees to indemnify 2in1 Cleaning against all reasonable costs, expenses, penalties, fines or interest including reasonable legal costs and expenses, incurred or payable by the Service Provider in connection with or in consequence of any such liability, deduction, contribution, assessment or claim including claims for employment or worker status brought by the Service Provider against 2in1 Cleaning arising out of or in connection with the provision of the Platform Services, except where such claim is as a result of any act or omission of 2in1 Cleaning.
- General These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version. No variation of these Terms, can be made after it has been entered into unless the variation is agreed by the User and 2in1 Cleaning in writing and authorised by a member of our senior staff.
- These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
- If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
- Governing law, jurisdiction and complaints The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the User lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.