These Terms and Conditions (hereinafter "Terms and Conditions") set out the terms and conditions applying to and governing the usage of the WiseClean website, WiseClean app, and WiseClean support service – a technology platform that connects users with independent cleaners.
The term "us" or "we" refers to WiseClean operations OÜ a private limited company incorporated and registered under the laws of Republic of Estonia with registration code 16551370 registered office in Harju maakond, Rae vald, Peetri alevik, Vägeva põik 2, 75312, Republic of Estonia, as well as companies over which WiseClean operations OÜ has either direct or indirect control (e.g. subsidiaries of WiseClean operations OÜ).
In order to use the WiseClean website and/or WiseClean app and/or WiseClean support service, you must agree to the terms and conditions that are set out below:
1. Using the WiseClean website, WiseClean app, and WiseClean support service
1.1. WiseClean operations OÜ provides an information service platform via the WiseClean website, WiseClean app, and WiseClean support service (hereinafter referred to as the WiseClean Platform) that allows its users to organize and plan the purchase of services available on the WiseClean Platform if any (hereinafter referred to as the "Services").
1.2. WiseClean operations OÜ does not provide cleaning services. Cleaning services are provided by cleaning service providers (hereinafter referred to as the Cleaner/Cleaners) under an agreement of services of house cleaning (to be concluded between you and the Cleaner/s). Cleaners provide cleaning services on an independent basis as economic and professional service providers. WiseClean operations OÜ is not responsible in any way for the fulfillment of the contract entered into between the user (you) and the Cleaner. Disputes arising from consumer rights, legal obligations, or from the law applicable to the provision of cleaning services will be resolved between the Users and the Cleaners. Data regarding the Cleaners available in the receipts for cleanings conducted are sent to the email address specified in the User's profile.
1.3. The User (you) enters into a contract with the Cleaner for the provision of cleaning services using the WiseClean Platform. Charges will be inclusive of applicable taxes where required by law. You may also pay a Tip to the Cleaner using the WiseClean Platform if you wish. We may limit the maximum value of a Tip at our sole discretion.
2. Payments
2.1. Depending on the payment options supported, You can pay for the cleaning services with a card, bank transfer, or other payment methods as and when available through the WiseClean Platform. By providing the Payment service on the WiseClean Platform, WiseClean operations OÜ acts as a commercial agent for the Cleaners. Every Cleaner has authorized WiseClean operations OÜ as their commercial agent for the mediation of the conclusion of contracts between the Cleaner and the User, including the power to accept Users' payments and forward the payments to the Cleaner. Your obligation to the Cleaner will be fulfilled when the payment order is given to transfer funds to WiseClean operations OÜ bank account. You are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
2.2. You may pay a Tip to the Cleaner using the WiseClean Platform service. The Tip can be delivered via the WiseClean Platform by means authorized by WiseClean operations OÜ for that purpose. WiseClean operations OÜ will not hold a commission for the brokerage of the Tip and the Tip will be transferred to the driver in full amount, excluding any taxes and bank processing fees, if applicable. WiseClean operations OÜ reserves the right to withhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with Terms and Conditions.
2.3. When making payments using the WiseClean Platform, WiseClean operations OÜ receives your payments and forwards the money to the Cleaner. WiseClean Platform may ask for additional data from you to verify the payment method.
2.4. When making payments using the WiseClean Platform for cleaning services, WiseClean operations OÜ is not responsible for possible third-party payment costs (e.g. mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the payment via the WiseClean Platform. WiseClean operations OÜ is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
2.5. WiseClean operations OÜ will be responsible for the functioning of payment via the WiseClean Platform and provide support in resolving problems. The resolution of disputes related to payment via the WiseClean Platform also takes place through us. For payment support service, please contact: [email protected]. WiseClean operations OÜ will resolve complaints related to payment via the WiseClean Platform as soon as possible.
3. Ordering and canceling cleaning services
3.1. If you order a cleaning service and the cleaner has agreed to proceed, then the cleaning service is considered to be ordered.
3.2. After a cleaner confirms that he/she will complete your order, you and the cleaner will enter into a separate agreement of services posted by the link: wiseclean.eu/en/agreement. WiseClean operations OÜ does not provide cleaning services and is not a party to your agreement of services with the Cleaner.
3.3. Price of the cleaning service will be calculated by the WiseClean platform on the base of data provided by the User when he places the order on the WiseClean platform. The User guarantees that the data provided by him in order is correct. If the Cleaner establishes the need to provide a larger volume of services than specified in the Order, then the cost of such an Order is subject to recalculation based on the volume of services to be provided. In this case, the User undertakes to change the scope of services in the WiseClean Platform. If the User does not agree, he can contact the support service of WiseClean Platform.
3.4. The user can cancel the order up to 36 hours before the start time of the order without any cancellation fees.
3.5. If the User cancels the Order later than 36 hours before the order start time, the User must pay a cancellation fee of 20 (twenty) EUR.
3.6. If the User does not allow the Cleaner to provide the service at the time specified in the order made order is also considered to be canceled and the User has to pay a cancellation fee of 20 (twenty) EUR. This condition does not apply if the User does not allow the Cleaner to provide the service due to the Cleaner's condition (e.g. the Сleaner arrived to proceed the order in a state of alcoholic intoxication).
3.7. We may revoke the right to use the app if the user has canceled the ordered cleaning on three consecutive occasions.
4. License to use the WiseClean platform
4.1. As long as you comply with these Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the WiseClean platform in accordance with these Terms and Conditions and the Privacy Notice. You may not transfer or sub-license this right to use the WiseClean platform or copy any part of the WiseClean platform. In the event that your right to use WiseClean platform is cancelled, the corresponding non-exclusive license will also be cancelled.
5. Liability
5.1. As the WiseClean platform is a communication service between Users and Cleaners, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of cleaning services. As the usage of WiseClean platform for ordering cleaning services depends on the availability of the Cleaners, WiseClean operations OÜ does not guarantee that you will always have offers available for the provision of the cleaning services.
5.2. The WiseClean platform does not offer or broker cleaning services for Users. WiseClean platform is used as a means for organizing the provision of cleaning services.
5.3. The consumer's right of refund is not applied to WiseClean platform orders. Requesting a refund from the cleaning service does not withdraw you from the agreement of services in the course of which the provision of the cleaning service was ordered.
5.4. The WiseClean platform is provided on an "as is" and "as available" basis. WiseClean operations OÜ does not represent, warrant, or guarantee that access to the WiseClean platform will be uninterrupted or error-free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example, a public emergency may result in a service interruption.
5.5. WiseClean operations OÜ, its representatives, directors, and employees are not liable for any loss or damage that you may incur as a result of using the WiseClean platform or relying on, the cleaning service contracted for through the WiseClean platform, including but not limited to:
- 5.5.1. any direct or indirect property damage or monetary loss;
- 5.5.2. loss of profit;
- 5.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- 5.5.4. loss or inaccuracy of data; and
- 5.5.5. any other type of loss or damage.
5.5.6. The financial liability of WiseClean operations OÜ in connection with breach of the contract will be limited to 100 euros. You will have the right to claim for damages only if WiseClean operations OÜ has deliberately violated the contract. WiseClean operations OÜ will not be liable for the actions or inactions of the Cleaner and will not be liable for damages that the Cleaner to the User.
In case WiseClean Operations OÜ is deemed liable to for the conduct of the Cleaner contracted for through the WiseClean platform, WiseClean is liable only insofar as the civil liability of the Cleaner is insured and the following limits:
- limit of indemnity for any one occurrence – EUR 10 000.
- deductible for each and every occurrence – EUR 100.
If insurance applies, WiseClean and/ or its insurers are entitled to reclaim any losses or moneys paid out from the Cleaner.
5.5.7. You agree to fully indemnify and hold WiseClean operations OÜ, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the WiseClean platform (including the cleaning services you obtain through your use of the WiseClean platform).
5.5.8. WiseClean operations OÜ may immediately end your use of the WiseClean platform if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of the WiseClean platform or the safety of Cleaners.
6. Good practice using the WiseClean platform
6.1. As WiseClean operations OÜ is neither a cleaning service provider nor an intermediary, we cannot directly influence the quality of the cleaning service. To improve a quality of cleaning services WiseClean operations OÜ verifies but is not liable for that all Cleaners have undergone basic training and have an overview of the safety requirements of the materials used.
6.2. We ask to fill out a feedback form in the WiseClean platform. This enables us to offer suggestions to the Cleaners for improving the quality of their service.
6.3. We expect that you use WiseClean platform in good faith and be respectful of the Cleaners who offer their services through the WiseClean platform. WiseClean operations OÜ retains the right to close your account if you have violated the terms set out in these Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the cleaning service, fraud, being disrespectful towards the Cleaners, etc. In these cases, your account on the WiseClean platform may be revoked without prior notice.
6.4. WiseClean operations OÜ will make every effort to ensure that only Cleaners, who have integrity and are respectful of their profession and Users, use the WiseClean platform. However, we are in no position to guarantee that any Cleaner, located by the WiseClean platform, satisfies the aforementioned criteria at all times. If you experience objectionable cleaning service, please notify our customer support.
7. Amendments to the Terms and Conditions
7.1. If any substantial amendments are made to the Terms and Conditions, then you will be notified by e-mail. If you continue using the WiseClean platform you will be deemed to accept the amendments.
8. Final provisions
8.1. The Terms and Conditions will be governed by and construed and enforced in accordance with the laws of Republic of Estonia. If the respective dispute resulting from Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.