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Airnbclean Pty Ltd is a wholly owned Australian company ACN 629 403 603.
The website www.airbnclean.com and the Software Application (App) that can be found on Apple’s App Store and Google Play are also owned by Airbnclean Pty Ltd. The registered address is Suite 10/860 Doncaster Rd, Doncaster East VIC 3109
Airnbclean provide varying services to landlords and guests who have arranged the short-term use of residential and other properties. Our services provided are Cleaning, Meet and Greets, Linen Services and Property Management.
Please read these Terms and Conditions carefully before accessing or using the Website, Software Application (App) or our Services.
Should you continue to use this Website or accept our Services, you are agreeing to comply with and be bound by our Terms and Conditions. Should you not agree with any of these Terms and Conditions, please do not use our Website, App or our Services. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1. Key Terms Admin Portal means a web portal provided by Airnbclean that allows a Host to manage its Property listing. Authorized Tenant means a non-owner Host that has the authority to rent a Property. Data includes all information or data submitted by you or on your behalf via the Admin Portal, the Website, the Software or otherwise. Guest means a guest who enters into an agreement to rent Property from a Host principally through a Hosting Platform and includes invitees of that Guest while at the Property. Guest Services concierge services and advice to guests or travellers staying with guests at these properties, which may include introducing a Guest to a third party provider. Host means an owner or Authorized Tenant of a Property and who is using the Host Services in connection with the listing and rental of a Property principally through a Third Party Platform. Host Services means marketing and rental management of Property’s on behalf of Hosts. Hosting Platform means either a third party booking agent or hosting platform (including the Software and Hosting Platform provided by Airbnclean or its related bodies corporate), where Guests can view advertising and information about Property’s, and connect to Hosts who have Property’s with a view to entering into Rental Agreements. Products means goods or services offered for sale by a Third Party Vendor or Airbnclean. Property means a residential or other property that is rented or offered for rent by a Host to a Guest and includes any furniture, furnishings or amenities provided within the Property. Rental Agreement means an agreement between the Host and the Guest for the letting of Property. Services means the Guest Services, the Host Services and may include the use of the Software, as the case may be. Software means any mobile applications, administrative codes, application programming Interfaces (API’s), plug-ins or other software Airbnclean makes available to you, and includes any interfaces, applications and Admin Portals made available in connection with the use of any specific software programs. Third Party Vendor means an independent supplier goods and or services which is recommended or referred by us. User is an individual who access the Website or is authorised by to use or access the Software. Users can be but are not limited to your employees, contractors, agents and any third party you invite to use the Software.
2. Interpretation In some instances, supplemental, special terms and conditions may apply to the Services or an activity (Special Conditions). Such Special Conditions will be disclosed to you in connection with the applicable Services and are in addition to, and shall be deemed a part of, the Terms and Conditions for the purposes of the applicable Services. Save to the extent expressly stated otherwise in these Terms and Conditions, if there is a conflict between these Terms and Conditions and the applicable Special Conditions, the following order of precedence will apply when resolving that conflict:
2.1 For Host Services provided by Airnbclean to the Host:
2.2 For Guest Services provided by Airnbclean to the Guest:
2.3 For the provision of Property by a Host to a Guest:
2.4 For Products provided by a Third Party Vendor introduced by Airnbclean:
2.5 For Products sold by Airnbclean: These Terms and Conditions will apply.
2.6 For Use of the Software: These Terms and Conditions will apply.
If you accept these Terms and Conditions, you represent that you have the capacity and authority to be bound by them. If you accept or agree to these Terms and Conditions on behalf of each User authorised by you, a company or other legal entity, you represent and warrant that you have the authority to bind that User, company, the Use or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We may amend the Terms and Conditions related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this location or the amended policies or Special Conditions on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and Conditions, as amended.
3. How our Services Work 3.1 Unless otherwise agreed by us in a separate written agreement with you:
3.2 Host Services: Airnbclean provides Host Services to Hosts that enter into a Host Services Agreement with us. This Host Services Agreement governs how Airnbclean assists Hosts with preparing and properly marketing their Property’s, which may include:
In addition to these Terms and Conditions, Hosts are subject to the Special Conditions contained in a Host Services Agreement which sets out the specific details of the Host Services.
3.3 Use of Software: Airnbclean grants you the right to access and use it’s the Software. This right is non-exclusive, non-transferable, and limited by and subject to these Terms and Conditions. You acknowledge and agree that, subject to any applicable written agreement between you and Airnbclean, or any other applicable laws:
As a condition to you using the Software:
not attempt to undermine the security or integrity of Airnbclean’s computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks; not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or other systems used to deliver the Software or impair the ability of any other user to use the Software or Website; not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Software is hosted; not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Software or to operate the Website except as is strictly necessary to use either of them for normal operation. (e) At any time and in its sole discretion Airnbclean reserves the right to discontinue, update, revise, remove or otherwise change Software features and functionality, and the right to revise, update and modify the Terms and Conditions. Such modifications to this document will be effective immediately or at such future date as may be specified by Airnbclean. Your continued use of the Software and or the Services thereafter will be deemed acceptance of such changes to the Terms and Conditions and/or the Software.
3.4 Guest Services: Airnbclean may provide Services to Guests that have responded to a Host's posting on a Hosting Platform. Airnbclean may assist Guests or potential guests with questions regarding a listing or booking for Property, communicate with Guests regarding arrival and departure and may provide 24-hour Guest support. Airnbclean may also offer and arrange value-added Products for Guests, such as concierge and ticketing services, from Airnbclean or Third Party Providers. In addition to these Terms and Conditions, and for Guest Services, Guests are subject to the Special Conditions contained within a Guest Services Agreement.
3.5 For Products provided by Third Party Vendors, that Third Party Vendors special conditions will apply to the Products supplied. Your use of any information or materials pertaining to Products is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any Products, made available through Third Party Vendors meet your specific requirements and that you have entered in to appropriate terms of supply with those Third Party Vendors. In some instances Airnbclean will receive a commission or other benefit for referring a Guest to a Third party Vendor.
3.6 In agreeing to these Terms and Conditions and as a condition to using our Services, you understand and agree that:
4. Commissions and Payments 4.1 Host Services: We receive payment for Host Services from the Host as set out in the Host Services Agreements.
4.2 Guest Services
4.3 Damage Repairs and Cleaning:
4.4 Cancellations:
5. Guest Responsibilities 5.1 The obligations of the Guest are not exclusively set out below and it is incumbent upon the Guest to review the entire Terms and Conditions and any Special conditions.
5.2 The Property is let for holiday accommodation purposes only and are not to be used for any other purpose including but not limited to commercial purposes, receptions or parties.
5.3 The Guest shall not use the Property, or cause or permit the Property to be used:
5.4 It is the Guests responsibility to maintain the cleanliness of the Property. Departing Guests must leave the Property clean and tidy. This includes washing, drying and putting away all dishes, emptying the dishwasher, emptying and cleaning of the refrigerator, oven/griller and microwave, cleaning of the barbecue, leaving the beds neatly folded back, turning off all the lights and cooling/heating appliances. If the dishes are not washed, dried and put away, the dishwasher not emptied and/or the barbecue has not been cleaned an automatic security deposit deduction applies of $75 per job to be completed.
5.5 All Guests are responsible for keeping the Property secure during their stay and will be responsible for any theft or damage due to neglect in this area.
5.6 To accept full responsibility for any breakages, loss or damage caused to the Property directly or indirectly caused by the Guest, or by another occupant or any other person invited on or in the property by the Guest during the stay and agrees to authorise Airnbclean to pay for any such breakages, loss, damage and all forms of cleaning (including but not limited to rubbish removal) of the Property by deduction of the applicable amount from the security deposit or using your credit card detail. Where the deduction is not sufficient to cover the cost of the payment required the guest agrees to pay the balance of the payment within seven days of being notified in writing of the payment required by us.
5.7 The property is furnished to the Host’s taste and style and we accept no responsibility for any unmet expectations of the Guest in respect of any design, quality or other aspect of the Property.
5.8 Guest will be advised of Council rubbish bin collection for waste.
5.9 The Guest agrees to let, use and occupy the Property and its contents at his or her own risk and hereby releases, to the maximum extent permitted by law, the Host and us from any injury, liability, debt, loss, cost, delay, expense however arising in the connection with the letting, use and occupancy of the Property including by breach of contract, duty or statue.
5.10 Guest Responsibilities are essential terms of these Terms and Conditions. If the guest commits, causes of otherwise permits a breach of these terms during the stay, we are authorised (on behalf of the Host) to immediately terminate the Rental Agreement.
5.11 Airnbclean reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorised persons. If either the Host or Airnbclean has a reasonable belief that there is imminent danger to any person or property, either the Host or Airnbclean may enter the Property without advance notice.
6. Host Responsibilities 6.1 The obligations of the Host are not exclusively set out below and it is incumbent upon the Host to:
6.2 The Host agrees to:
Product liability and public liability insurance in relation to legal liability for loss of, loss of use of, damage to or destruction of real or personal property, death or bodily injury, and disease and sickness. Contents (including game consoles, linen and crockery) of the Property, for damage caused by Guests, whether that damage is accidental or malicious; Legal expenses incurred in minimising a loss, legal liability and professional fees incurred; and The property against a range of defined events such as fire, storm damage, water damage, glass breakage and a range of other insurable occurrences.
6.3 The Host warrants:
6.4 Host Responsibilities are essential terms of these Terms and Conditions. If the Host commits, causes of otherwise permits a breach of these terms, we are authorised to immediately terminate the Host Services Agreement.
6.5 The Host is solely and exclusively responsible for the consequences of non-compliance with any law applicable with letting of the Property including the content of the advertisement as provided by them. We hereby disclaim any liability for the verification of compliance with any laws applicable in advertisements published by a Host.
7. User Responsibilities 7.1 Each User represents and warrants that:
8. GST 8.1 Expressions used in this clause have the same meaning as when used in the GST Act.
8.2 If a Party makes a taxable supply under any agreement subject to these Terms and Conditions, except where the agreement states otherwise, the payment made by a Party for the taxable supply is expressed as a GST inclusive amount.
8.3 The Party liable to pay for a taxable supply to which these Terms and Conditions apply, must also pay the amount of any GST payable in respect of the taxable supply on the date on which payment for the taxable supply is due.
A Party is not obliged under these Terms and Conditions to pay the GST on a taxable supply to it, until given a valid tax invoice for the supply.
9. Intellectual Property 9.1 The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, Data, and other content made available through the Services (collectively, the “Airnbclean Content”) are provided by Airnbclean or its partners or licensors solely to support your permitted use of the Services. The Airnbclean Content may be modified from time to time by Airnbclean in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or Airnbclean Content by you shall constitute a material breach of these Terms and Conditions. Airnbclean and its partners or licensors retain all rights in the Services and Airnbclean Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Airnbclean or any third party is granted under the Terms and Conditions. As a User, you may post, upload, publish, submit or transmit Data, text, graphics, images, information or other materials to be made available through the Website, the Software and Services (“User Content”, together with Airnbclean Content, the “Content”). By making available any User Content, you hereby grant to Airnbclean a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Airnbclean does not claim any ownership rights in any such User Content and nothing in these Term of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.
9.2 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, the Software or as part of your engagement with us or any Hosting Platform. Accordingly, you represent and warrant that:
9.3 We do not screen User Content (including content relating to Property’s or other information posted by Hosts or Guests) or information on the Website and we cannot give any assurance as to its accuracy or completeness. You are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The relevant User responsible for posting the User Content will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
10. Disclaimers, Limitation of Liability and Indemnity. 10.1 Disclaimer.
Airnbclean disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Products requested through the use of the Services, or that the services will be uninterrupted or error-free; Airnbclean does not warrant that the Software or Services (or any part of them) will be error free, or that the use of the Software will be uninterrupted, or meet the requirements of the User; will not be liable for any damages arising out of or related to interruption of, or defects in use or transmission of, the Software, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in use or transmission of the Software. Airnbclean does not guarantee the quality, suitability, safety or ability of any Property’s or Third Party Vendors. You agree that the entire risk arising out of your use of the Software, Services, and any Products requested in connection therewith, remains solely with you. 10.2 Limitation of liability.
Notwithstanding any other Special Conditions:
any loss of profit, loss of revenue, loss of business, loss of contracts or loss of anticipated savings, loss of property, alternative accommodation costs, costs of delay, lost Data, or any indirect, incidental, special, exemplary, punitive or consequential damages related to or otherwise resulting from any use of the Website and or the provision of Property or Services, even if we have been advised of the possibility of such damages; any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between the Guest and the Host or the Guest and the any Third Party Vendor, even if we have been advised of the possibility of such damages; any delay or failure in performance resulting from causes beyond our reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. (b) Without prejudice to further limitations contained in Section 9.2(c), in no event shall Airbnclean’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the lesser of (1) the value of the Product sold and or Services provided by us to you or (2) five hundred dollars (AU$500), save to the extent any death or personal injury is caused by our negligence, in which case our liability is limited to the value of the relevant insurance coverage we hold at the time of the loss causing event.
(c) The limitations and disclaimer in this section 9 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. To the extent you have a statutory right under Australian Consumer Laws which cannot be excluded by these Terms and Conditions and:
For any minor problems with the Property or a Service provided by us which falls short of the contracted obligations to you, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction; To the extent you have a major problem: (A) With the Property (which amounts to breach of the Rental Agreement), the Guests sole recourse is to approach the Host for resolution. Airbnclean’s only obligation to the Guest is to relay communications between the Guest and Host and provide limited mediation services to expedite a resolution; (B) With the Services provided directly by Airbnclean (which amounts to breach of the relevant Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund; (C) With a Product sold by us, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be either (at our discretion) have the Product repaired, replaced or to receive a full refund; (D) With the products provided by a Third Party Vendor your sole recourse is to approach the Third Party Vendor for resolution; (E) The Software, your sole recourse is to stop using the Software. To the extent a Host has a major problem the Host Services provided by Airbnclean (which amounts to breach of the Host Services Agreement), we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to receive compensation for the drop in value in the Services received below the price paid, or a refund; 10.3 Indemnity.
You agree to indemnify and hold Airbnclean and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including Solicitors’ fees) arising out of or in connection with:
11. Miscellaneous 11.1 Your use of this Website and Airbnclean’s Services and any dispute arising out of your use of it is subject to the laws of New South Wales. The Vienna Convention on the International Sale of Goods of 1980 (cisg) shall not apply.
11.2 We may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent to your address provided to us by as part of your Rental Agreement or Guest Services Agreement. You may give notice to us by written communication to [email protected]
11.3 You may not assign or transfer these Terms and Conditions in whole or in part without our prior written approval. You give your approval to us to assign or transfer these Terms and Conditions in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of equity in Airbnclean, business or assets; or (iii) a successor by merger.
11.4 No joint venture, partnership, employment or agency relationship exists between you, us, the Host or any Third Party Vendor as a result of the any agreement arising out of or related to the use of the Services.
11.5 If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these Terms and Conditions shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms and Conditions.
11.6 These Terms and Conditions constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
If you have any questions about these Terms and Conditions, please contact Airbnclean at [email protected]