Terms & Conditions

INTRODUCTION

 

Welcome to Kleender , the biggest Home Services Community that allows you to find any home service providers near you location without any intermediaries and for Free

Please read these Terms of Service ("Terms of Service") carefully before downloading, installing or using the Service owned and operated by Kleender ("us", "we", or "our"). By downloading and installing or otherwise using the Service, you are entering into and agreeing to be bound by these Terms of Service and Kleender’s Privacy Policy. If you don’t agree with these Terms of Service, you may not download, install or use the Service. 

  • These terms and conditions (“Terms and Conditions”) contain information about KLEENDER Ltd (defined below as "KLEENDER” and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the CLIENT Website/App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.

 

HOW THE SERVICE WORKS

  • KLEENDER provides mobile applications and website technology that connects CLIENTs (“you” or “CLIENTS”) who require home services to be performed, with service providers who are willing to perform those Jobs (“SERVICE PROVIDERS”).

  •  You connect with CLIENTs or Service Providers by booking Jobs on the CLIENTs or Service Provider Website/App which are then assigned to CLIENTs or Service Providers who operate in your geographical area and whose services match your requirements via the Service Provider Website/App.

  • Once a Job has been completed, “CLIENTS” will pay the “SERVICE PROVIDER” directly without intermediaries.

  • This service payment is not related to KLEENDER LTD in any case and KLEENDER LTD is not responsible for any legal action between “CLIENTS” and “SERVICE PROVIDER”.

  • KLEENDER is not an employer of Service Providers or contracting agency and operates purely as a facilitator of the service transaction between CLIENTs and the Service Provider by operating the CLIENT Website/App and the Service Provider Website/App.

  • No contract exists between KLEENDER and CLIENTs for the fulfilment of the Jobs and KLEENDER has no control over the conduct of Service Providers or the satisfactory completion of a Job, which is solely determined between the parties.

  • You acknowledge that when you book a Job on the CLIENT Website/App you will be entering into a direct contract with the Service Provider. The terms of the contract entered into are set out below. However, the CLIENT and Service Provider are free to alter or modify such terms as they wish by mutual, express agreement. KLEENDER is not a party to agreements entered into between you and the Service Providers.

  • It is a condition of use of the CLIENT or Service provider Website/App that you acknowledge you has complete control over your own conduct and KLEENDER disclaims all liability in this regard.

DEFINITIONS

  • In this Agreement, the following terms shall have the following meanings prescribed to them:
    “Account” means your account with KLEENDER which is created by registering and providing certain mandatory details during the registration process.
    “Additional Payment” means payment due to the Service Provider in respect of Additional Works and/or Costs and Expenses.
    “Additional Services” means other services separate from, and other than those required to complete, the Job.
    “Additional Work” means work the Service Provider deems necessary in order to perform the Job but which goes beyond the scope of the original Job booked on the CLIENT Website/App.
    “KLEENDER” means KLEENDER Limited, a company incorporated in England and Wales of 10 Barley Mow Passage, London, England, W4 4PH REG NO.11185123 
    “Costs and Expenses” means costs and expenses incurred by a CLIENT or Service Provider in acquiring materials, parts and/or, supplies (but for the avoidance of doubt not tools) that are, in the opinion of the CLIENT or Service Provider, necessary for completion of the Job and which are not included in the fee stated when booking the Job.
    “CLIENT Website/App” means any website or mobile application or other interface which is:

a.     Owned by KLEENDER (including but not limited to www.KLEENDER.com);

b.     Operated on a white label basis by KLEENDER; or

c.     Powered or maintained by KLEENDER,

(Each as modified and/or updated by us from time to time) for the purpose of enabling you to book Jobs and connect with Service Providers.

“Dispute” means a disagreement between CLIENT and a Service Provider that a Job has not been satisfactorily described or completed.
“Job” means the work requested by CLIENT on the CLIENT Website/App.
“Parties” means collectively CLIENT and the Service Provider.
“Premises” means your premises where the Job is being fulfilled.
“Service Provider Website/App”means any website or mobile application or other interface which is:

a.     owned by KLEENDER;

b.     operated on a white label basis by KLEENDER; or

c.     powered or maintained by KLEENDER,

(Each as modified and/or updated by us from time to time) for the purpose of enabling Service Providers to be notified of, and accept, Jobs booked by CLIENTs.

  • Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or, as the context requires.

  • Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

 

USE OF THE CLIENT WEBSITE/ APP

  • A core purpose of the CLIENT Website/App is to enable you to book Jobs and to connect you with suitably qualified Service Providers to carry out those Jobs. The CLIENT Website/App is not for use by anyone who does not intend to browse through Services and book a Job. You therefore agree that you will not in any circumstance use the CLIENT Website/App for any purpose other than book a Job or browse through Services in good faith for the purpose of booking a Job then or at some point in the future.

  • We make no warranty that any part of the CLIENT Website/App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error in any part of the CLIENT Website/App.

  • As a CLIENT using the CLIENT Website/App you:

  • Must be 18 years old or older; and

  • Must agree:

a.     To register and create an Account and utilise our CLIENT Website/App for your personal or business use only;

b.     Not to authorise others to use your Account and you may not assign or transfer your Account to any other person or entity;

c.     To register only one Account per person; and

d.     To be responsible for keeping any registration details confidential (including your password).

  • The CLIENT Website/App is intended to be used in the United Kingdom only and as a CLIENT you may only book Jobs that are to be completed within the United Kingdom.

  • We reserve the right to:

  • Refuse to provide access to the CLIENT Website/App to any individual, business or other entity at any time without explanation, consequence or liability; and

  • Remove a service from the CLIENT Website/App with no obligation to give advance notice, and KLEENDER shall not be liable for losses, costs or expenses arising from any such refusal or removal.

  • You assume all risk when using the CLIENT Website/App, including, but not limited to, any risks associated with interacting with other people. You acknowledge that KLEENDER is not able to guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.

  • Whilst KLEENDER takes reasonable care in screening Service Providers, you are solely responsible for taking appropriate safety precautions in connection with your use of the CLIENT Website/App and the engagement of a Service Provider. You agree not to use the CLIENT Website/App in any unlawful manner and in particular you shall not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;

  • Publish, book, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;

  • Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;

  • Causethe CLIENT Website/App or any part of it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the CLIENT Website/App is in any way impaired; or

  • Restrict or inhibit any other CLIENT from using and enjoying the CLIENT Website/App.

  • Whilst we take steps to prevent misuse of our systems, we cannot warrant that the CLIENT Website/App will be free of viruses or other malicious code or content and accept no liability for loss or damage caused from the transmission of such content or code.

SETTING UP AN ACCOUNT AND REGISTERING FOR THE WEBSITE AND/OR APP

  • In order to book a Job you must be registered as CLIENT though the CLIENT Website/App which is available for free download from iOS App Store / Android Play Store, accessible via KLEENDER’s website or through certain KLEENDER partners’ websites.

  • When completing the registration process you will be required to provide details including but not limited to your full name, email address and telephone number.

  • You warrant that the information you provide during the registration process and when using the CLIENT Website/App is true, that it relates to you and is entirely accurate.

  • You are responsible, and assume liability, for all information that you upload. Details of how KLEENDER may use any information and content are provided in the Privacy Policy. KLEENDER reserves the right, but is not under any obligation, to monitor information that is submitted to the CLIENT Website/App and Service Provider Website/App and to remove such information or material that in our sole opinion violates any applicable law, either the letter or spirit of these Terms and Conditions, or upon the request of a third party.

BOOKING JOBS

  • You can use our CLIENT Website/App to book a Job. The “service provider” either per hour or per Job as specified in the Job booking process will provide Service rates. Each Job has a price estimated by service providers and it is your responsibility to check this price before confirm the booking.

  • When booking a Job you will ensure that you give full and complete information regarding the work to be undertaken together with details of the history of items to be dealt with by the Service Provider (including details of breakdowns and faults) and relevant information about the Premises.

  • CLIENTs are expected to supply the Service Providers offering a cleaning service with all cleaning products, mop and vacuum cleaner and other reasonable arrangements can be made for other trades.

  • At the time you book a Job on the CLIENT Website/App your are responsible to make  the payment directly to the “service provider” after completion of the job, on the payment method agreed between both parties prior to the booking, 

CARRYING OUT JOBS

  • KLEENDER will provide suitable Service Providers in your geographical area aware of the Job you booked together with details of your requested date and time for it to be carried out. Your contact details and full address will be kept confidential until a Service Provider accepts your Job.

  • A Service Provider may accept or reject the Job and we do not guarantee that you will receive a response to a booked Job or that responses will meet the requirements you have specified. We will notify you if there are no suitable Service Providers operating in your area who are able to carry out your Job. At the point a Service Provider accepts the Job your information (including name and details of the Premises) will be provided to them.

  • For:

  • Service providers will provide an estimate of the arrival time by text, notification via the CLIENT Website/App or email which is indicative and may vary; and

  • All the jobs that you request for a booking time or booking window that works for you. KLEENDER and the Service Provider each reserve the right to offer alternative dates and time slots if the Service Provider is unable to comply with the original requirements of your Job.

The provision of any Job at an earlier time than was available on the CLIENT Website/App when booking a Job shall be subject to availability.

 

  • KLEENDER shall have no liability in the event that a Service Provider who accepted the Job is unable or unwilling to fulfil the Job at the requested time.

  • In the event that:

  • you do not give full and complete information at the time of booking a Job or the Service Provider is reasonably unable to assess the Job requirements remotely, then the Service Provider may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In these circumstances the CLIENT and Service Provider shall agree the scope of, and fee for, such Additional Work before any work to perform the Job is commenced; or

  • A Service Provider incurs additional Costs and Expenses they will agree these with you in advance and you shall be liable to pay for such Costs and Expenses on the production of a valid receipt or submission of a request for payment directly between both parties.

  • Additional Payments can be made directly to the Service Provider and in any event must be authorised and paid before the Job is completed directly between both parties.

  • If, once the Service Provider arrives at your premises, you require Additional Services to be provided these must be requested via a new Job booking on the CLIENT Website/App.

  • You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Service Provider prior to any work commencing at your Premises. Service Providers must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you.

  • You agree to treat the Service Provider with respect whilst completing the Job and be polite and courteous in your dealings with them.

  • You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.

CANCELLING JOBS

  • Notwithstanding any rights you may have to cancel any Jobs under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Protection (Distance Selling) Regulations 2000 (or any replacement thereto) you may cancel:

  • A All Jobs via the CLIENT Chat option in the Website/App not less than 24 hours prior to the date on which a Job is scheduled to be commenced; and

  • Where at your express request, it has begun to be provided; or

  • where you have not complied with the cancellation provisions at clause 8.1 above.

The amount payable in respect of the cancellation fee will depend upon the time of cancellation and the type of Job booked. For cancellation terms on each service email contact@kleender.com, visit our general FAQs or read the FAQ section on each service.

  • If the Service Provider arrives at the Premises and is unable to contact you or gain access to the Premises they will message and attempt to contact you for 20 minutes, after which you will be charged directly by the service provider.

  • the minimum number of hours for the Job; or

  • the fixed Job price (as applicable) and the Job will be cancelled.

 

 

REVIEWS

  • CLIENTs are encouraged to offer reviews for each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Service Provider with whom you have engaged. KLEENDER reserves the right to terminate the Account of any CLIENT who repeatedly send poor reviews or posts inaccurate or unjust or defamatory reviews.

  • The reviews of CLIENTs may be published on the Service Provider Profile and may be viewed and considered by other CLIENTs.

 

DISPUTES AND DISPUTE RESOLUTION

  • If you are not satisfied that a Service Provider has completed the Job to the performance and/or quality that you may reasonably expect, you may initiate a Dispute with the Service Provider Directly. 

  • Subject to clause 10.4 below, KLEENDER will not take part in a Dispute other than as a mediator.

  • In the event of a Dispute the Parties hereby agree to act at all times reasonably and in good faith, to negotiate a settlement and hereby recognise that the responsibility for reaching a mutually agreed settlement lies between them. You acknowledge KLEENDER is entitled to provide your details to the Service Provider in order to find a resolution, and may provide you with the Service Provider’s details. You agree to keep any information provided to you, about the Service Provider under the terms of this Agreement, confidential and only use it for the proper purpose.

  • If KLEENDER has been unable to resolve a complaint that you make within eight weeks you can address your complaint to The Retail Ombudsman.

 

DAMAGE OR DAMAGE ARISING FROM A JOB

  • If you suffer loss or damage to your Premises or your contents or to any service connected to it and attributes the loss or damage to a Service Provider, in the first instance the Parties should try to resolve who should be responsible for such loss or damage between themselves.

  • You agree that you will not accuse the Service Provider of damaging property which was already damaged in any way or was damaged by a third party.

  • In no event shall KLEENDER be liable to either party for any direct, indirect, consequential, special or punitive loss arising out of the engagement by you of a Service Provider to carry out a Job and to the extent that we may be liable under these Terms and Conditions or at law. 

  • Notwithstanding any other provision, nothing in these Terms and Conditions shall exclude or limit either your or our liability for death or personal injury caused by your or our (as the case may be) negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

  • If you are dissatisfied with the CLIENT or Service Provider Website/App, or these Terms and Conditions, your sole remedy shall be to discontinue use of the CLIENT or Service Provider Website/App.

  • Other than as set out above in this clause 11, and notwithstanding any other provision of these Terms and Conditions, we shall not be liable to you or to any third party acting on your behalf, whether in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any special, indirect or consequential loss, cost, expense, fine or damage whatsoever arising from or in any way connected with these Terms and Conditions including but not limited to loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

  • Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

  • Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into these Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.

  • Each of the provisions of this clause 11 shall be construed separately and independently of the others.

 

PAYMENT

  • Payment for a Job is done directly between CLIENTs and Service Provider at the beginning or when completes the Job.

  • The minimum price for the Job shall be charged in full regardless if the time spent by a Service Provider in doing the Job is less than this. Please check that you are aware of and accept the minimum time and price for the Job before you make a booking. 

  • You agree to hold sufficient funds in your bank account or in cash to pay the final amount as it becomes due and will not request Job(s) unless you can pay for these. 

  • KLEENDER does not directly hold payment card or payment information. 

  • In the event you pay cash to the Service Provider for Additional Works and/or Costs or Expenses:

  • We advise you obtain a receipt for all monies paid; and

  • Such Additional Works and payment will not be covered by these Terms and Conditions.

 

PRIVATE ENGAGEMENT

  • You agree to offer jobs (and accept offers) privately to Service Providers you have previously engaged with through KLEENDER.

  • In the event you do request a Service Provider undertakes work (other than Additional Work) outside of the CLIENT Website/App, KLEENDER:

  • will not be able to mediate on any disputes in respect thereof, and

  • you will not benefit from the protection offered via these Terms and Conditions in respect thereof.

 

MISCONDUCT

If you engage with a Service Provider who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to KLEENDER at contact@kleender.com quoting the name and location stated in the details of the Job. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.

 

DATA PROTECTION

KLEENDER is registered under the Data Protection Act 1988 and we respect the confidentiality of the information you give us. Subject to the provisions of clause 10.3 and other than for the purpose of enabling the Jobs you book to be completed, or otherwise with your express consent, we never pass on any information about our CLIENTs to third parties outside the processing that is contemplated by these Terms and Conditions unless we are compelled to do so by law.

 

GENERAL CONDITIONS

  • If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.

  • You may not assign or transfer any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

  • No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.

  • These Terms and Conditions constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

  • You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.

  • Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration via or the CLIENT or Service provider Website/App.

  • Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

  • Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.

  • These Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.

 

 Email: contact@kleender.com    |   10 Barley Mow Passage, W4 4PH - London - UK

© 2018 by Kleender Ltd.