The Terms of Service are a legal contract between the individual using the Service (“you”) and Bright Brush (“Company”, “Sweeply”, “we,” “us,” or “our”) trading as Sweeply.co.uk (Sweeply). As referenced in this agreement, “Site” means the website operated by the Company and currently located at https://sweeply.co.uk, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms “Sweeply” or “Service” mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an “App”), features, messages such as emails that we may send you, and services, whether online or offline, owned or operated by the Company.
By using the Service, you:
1. acknowledge that by accessing or using the Service, you agree that you have read, understood, and agree to be bound by the Sweeply Terms of Service (the “Terms” or “Terms of Service”) as updated from time to time, which govern your use of the Service. You may use the App and the Service only as set forth in these Terms;
4. you warrant that: the personal information which you provide when you register as a user and/or make a Booking is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to this personal information by contacting our customer service representatives by email at [email protected] You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. By placing a Booking through our Website, you warrant that you are: legally capable of entering into binding contracts, and at least 18 years old.
1. Terms Governing Service Use
Your access to and use of the Service is expressly conditioned on your agreement to and compliance with these Terms. You agree that by browsing, clicking in or accessing the site that you have read these Terms and agree to be bound by them.
2. The Sweeply Platform
Sweeply is a platform for connecting persons who are looking to engage external self-employed cleaners to clean their property (each a “Cleaning Service”), and self-employed cleaners that are part of Sweeply’s network of cleaners (each a “Service Provider”) that may be available to perform such Cleaning Services.
We do not, ourselves, provide any Cleaning Service or other services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to perform any services you request through Sweeply.co.uk (and, if requested by you, to provide any cleaning materials required) and you agree to comply with any terms of service that apply between you and the relevant Service Provider.
If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.
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. The Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Service Providers. The Company will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Site and the Company is not responsible for the conduct, whether online or offline, of any user of the Site.
Services shown on the Website are subject to availability and the images and/or descriptions of the Services on the Website are for illustrative purposes only – actual Services may vary from those images and/or descriptions, but we ask our cleaners to ensure that they provide the Services in accordance with those descriptions. It is each cleaner’s responsibility to ensure that he or she provides the Services in accordance with those descriptions.
After placing a booking, you will receive an email from us acknowledging that we have received your booking request. Please note that this does not mean that your Booking has been accepted. All Bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further email to confirm the Booking (the “Booking Confirmation”).
When you make a Cleaning Service booking, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Cleaning Service (“Fees”). Fees for a Cleaning Service are non-refundable (unless at least 24 hours notice of cancellation has been provided) and will be charged to you in accordance with the Company’s pricing schedule in force at the time a Cleaning Service is requested, which the Company may update from time to time on a going-forward basis. You are liable for any and all taxes (other than taxes based on the Company’s income) related to the Cleaning Services performed by Service Providers.
The Company will charge you for Cleaning Service through the payment method specified in your account (e.g. a credit card or debit card). If you pay any applicable Fees with a credit card, the Company may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Cleaning Service. You authorise such credit card account to pay any amounts described herein, and authorize the Company to charge all sums described herein to such credit card account. You agree to provide the Company updated information regarding your credit card and account upon the Company’s request and any time the information earlier provided is no longer valid.
The fees of any Cleaning Services will be as quoted on our Website, except in cases of obvious error.
Fees are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
Every effort has been made on this Website to ensure that making a Booking is secure via our payment provider Stripe. We cannot be responsible for fraudulent use on our Website of a lost payment card. We take reasonable care to provide a functioning payment facility at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can we guarantee that the facility is virus or error free.
4. SMS Messaging
When you sign up for the Service, the Company may need to send you SMS Messages in order to confirm your phone number or keep you informed about your Clean a Service Provider may be performing for you. Some of these messages may be necessary for the fulfilment of the Cleaning Service. Depending on your current phone carrier plan, you may incur Fees for these SMS Messages, and agree to not hold the Company liable for any Fees incurred.
You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the “Feedback”). Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
7. Notifications; Modification of Terms
8. Company Property
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.
The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.
The Company has a £2,000,000 public liability policy (the “Policy”). The Policy covers each Service Provider when they are in your property and covers accidental damage to your property. The Policy includes a £250 excess in relation to any claim for accidental damage to property and this will be for your account, not the Company.
10. General Prohibitions
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or their) use of the Service:
1. circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Service;
2. engage in spidering, screen scraping, database scraping, harvesting of email addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service;
3. copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement);
4. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
5. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
6. access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browsers;
7. send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection;
8. in any way use the Service to send altered, deceptive or false source-identifying information;
9. decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
10. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service;
11. impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity;
12. use the Service in violation of the Company’s or any third party’s intellectual property or other proprietary or legal rights;
13. use the Service in violation of any applicable law or request that an Service Provider provides a service which would violate applicable law; or
14. upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
15. Termination of Use; Discontinuation and Modification of the Service
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at [email protected]
16. Cancellation Policy
If you wish to cancel your Cleaning Service, a minimum of 24 hours’ notice of cancellation is required. Notification must be by telephone, email to [email protected] or through your online account on our Site. We reserve the right to levy a £20 charge to cover any subsequent administrative expenses. We reserve the right to cancel any Cleaning Service without notice or cause.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the Company Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any Service Provider or third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You will not, in any event, settle any claim or matter without our written consent.
18. Use of the Service Is Entirely At Your Risk
You expressly understand and agree that your use of the Service is at your sole risk and that the service is provided “as is” and “as available”. The Company expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law.
When you use the Service to request and have a Service Provider perform a Cleaning Service, you understand and acknowledge that no Service Provider has any authority to make any amendments to these terms and that any statements, representations, or warranties made by a Service Provider or any third party are disclaimed by the Company and do not expand or otherwise modify these terms. Apart from the fact that the Company interviews each Service Provider and performs identity and reference checks (all based on the information provided by each Service Provider) the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Cleaning Services provided by a Service Provider.
19. Limitation of Liability and Release
To the extent permitted by applicable law, the Company disclaims all liability to you in connection with the Company’s performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by the Company’s negligence, the liability of the Company under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fees paid by you to the Company in the last six months under these Terms and Conditions.
Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
20. Governing Law; Venue
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of England and Wales as they apply to agreements entered into and to be performed entirely within England and Wales by UK residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Company agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales for the purpose of litigating all such claims or disputes.
Our liability to you in respect of the Cleaning Services will not exceed the total price paid by you for the Cleaning Service, whether such cause of action is brought in contract, tort, warranty or otherwise. Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
23. Events beyond our control
We shall have no liability to you for any failure of the Service Providers to perform the Cleaning Service you have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our Service Providers, flood, fire, explosion, acts of terrorism or accident.
24. Unsatisfactory & Re-cleans
1. Any unsatisfactory must be reported within 48 hours of the service being performed. Failure to inform Sweeply within this time period will nullify a free re-clean.
2. Sweeply will request the customer to supply photographs taken before this 48 hour time period elapses, detailing the inadequate service as proof. Refusal to provide this proof, if requested will nullify a free re-clean.
If any of the terms of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions which shall remain unaffected.
3. Entire Agreement
4. Third Parties
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
5. Governing law and jurisdiction
Any matter arising from or in connection with these Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
6. Contact Information
If you have any questions regarding the Terms of Service or the Service, please contact us at [email protected]