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Terms and Conditions of Use

iamcleaning (PTY) LTD of website iamcleaning.co.za


                                 

 

SHOPPER’S TERMS AND CONDITIONS

“SERVICES MADE EEZY (PTY) LTD” is a licensed distributor of the iamcleaning.co.za service within the Brackenfell and Kuilsriver area in the Westerncape region

By clicking “I agree to the terms and conditions of the iamcleaning.co.za Service Agreement” you conclude a binding agreement with SERVICES MADE EEZY (PTY) LTD (“iamcleaning Licensee”), and below you will see in detail the terms and conditions which you agree to comply with while using the iamcleaning service. We know that these things can get long and boring, but it is important to us that you know how we work. Please pay particular attention to the clauses written in bold and underlined.

If there is anything that you are unsure of, please contact us before clicking “I agree”. If there is anything that you don’t agree with please do not click “I agree” and please do not make use of the iamcleaning platform.

These terms and conditions must be read along with iamcleaning’s Privacy Policy (https://www.iamcleaning-northern-suburbs.co.za/privacy-policy) and iamcleaning’s Fee Policy (https://www.iamcleaning-northern-suburbs.co.za/fee-policy), and by clicking “I agree” you warrant that you have read and agree to be bound by the content of both documents. iamcleaning may, in its sole discretion amend, modify or revise these Terms and Conditions at any time. In the event that iamcleaning decides to do so, a notification will be sent to your appointed e-mail address. The amendment, modification or revision will be effective from date and time of sending and your continued use of the iamcleaning’s Platform after such a notification has been sent will indicate to iamcleaning your acceptance thereof and you will be bound for all legal purposes by such amendments, modifications or revisions.

DEFINITIONS

The following words and phrases used in this agreement will have the meanings or interpretation assigned to them, unless otherwise indicated by the context:

 

 

 

·         “Applicable Laws” means in relation to a person, the common law and all and any applicable:

(a)     Statutes and subordinate legislation and regulations,

(b)     Ordinances, legislations and directives,

(c)     Codes of Practice, notices, circulars, judgements and decisions of the relevant authority,

(d)      By-laws.

 

·           "Agreement" means these terms and conditions read with the iamcleaning Privacy Policy

 

·           “SERVICES MADE EEZY (PTY) LTD” is a licensed distributor of the iamcleaning.co.za service within the Brackenfell and Kuilsriver area in the Westerncape region

 

·           SERVICES MADE EEZY (PTY) LTD means iamcleaning.co.za and iamcleaning within this terms and conditions

 

·         “Appointed e-mail address” means the e-mail address reflected in your Registration Information, as amended from time to time.

 

·         “Checkout" means:

(a)     The user clicking the add to cart button after selecting the product;

(b)     The user clicking on proceed to checkout button and either entering the required details or ensuring that the details on the Billing Address are correct;

(c)     The user then being redirected to a summary of the transaction;

(d)      The user thereafter being directed to the payment gateway;

(e)     On completion of payment being directed to user’s Dashboard at which time the checkout will be complete.

 

·         "Dashboard" means a page where you can manage your profile and account.

 

·         “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.

 

·         "Indemnified Party" means iamcleaning, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of iamcleaning, and each of their respective officers, employees, contractors, consultants and agents from time to time.

 

·         "Intellectual Property Rights" means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world.

 

·         "Privacy Policy" means the document as at www.iamcleaning.co.za/privacy-policy

 

·         "Product” includes and means cleaning service including household and commercial cleaning.

 

·         "Registration Information”" information provided by you when registering for the iamcleaning service.

 

·         “iamcleaning” means a company duly incorporated with limited liability and registered according to the Company Laws of the Republic of South Africa, having its principal place at 4 Zastron Road, Milnerton, Cape Town.

 

·         "iamcleaning Platform" means the Software as a Service ("SAAS") online system that makes trade between iamcleaning.co.za and Shoppers of product through iamcleaning possible.

 

·         "iamcleaning Ratings and Review System” means the combination of ratings and comments provided by the Shoppers in reviewing iamcleaning.co.za service.

 

·         “Shopper” means  an active, registered user of the iamcleaning Service who locates and purchases Product via the iamcleaning Service;

 

·         "Site" or "Website" means a website by which iamcleaning offers the iamcleaning Platform from time to time, currently www.iamcleaning.co.za.

 

·         "Third-Party payment provider" means the third party that processes payments on behalf of iamcleaning users, being PayU. 

 

·         "user" or "users" means any Shopper(s) , or someone who is otherwise using the Site.

 

·         "VAT" means any value added tax, or other consumption tax, and will be charged at the rate prescribed by the Minister of Finance from time to time.

 

·         “Vis major” a superior force resulting from natural causes and without the intervention of human beings including, but not limited to hurricanes, tornados, earthquakes, flood.

 

·         "we", "us", "our", "ourselves" and "iamcleaning" are used interchangeably in these Terms and Conditions and all mean iamcleaning.co.za or iamcleaning (Pty) Ltd as the case may be.

 

·         "you" or "your" means you as a Shopper, and your successors and permitted assigns; and

 

·         "your information" includes name, address, goods purchased and buying behaviour.

 

 

1.       USER OF THE SITE

 

1.1           In order to purchase on this Site you will need to register and create a user account (the "Account"). By using the site:

a.        You guarantee that your Registration Data is true, up to date, accurate and complete.

b.       You will update the Registration Information to keep it accurate and complete. If iamcleaning suspects that your Registration Data is inaccurate, incomplete or non-current, iamcleaning has the right to suspend/terminate Your Account and refuse current or future use of the iamcleaning Platform.

c.        You may never use another users Account without permission, and by using another users account you warrant that you have permission to do so;

d.       You are solely responsible for your account and all activity on your account

e.       You are solely responsible to keep your password secure. iamcleaning will incur no liability from failure to keep your password and access details secure.

f.         You must notify iamcleaning immediately of any security breaches on your account. You will be liable for any breach to your account. iamcleaning will not be liable for any losses due to unauthorised access.

g.        All Registration Information becomes the property of iamcleaning.

 

1.2           iamcleaning provides a platform for the sale of cleaning services.

 

1.3           iamcleaning undertakes to process all Registration Information in terms of the iamcleaning Privacy Policy at www.iamcleaning.co.za/privacy- policy.

 

1.4           iamcleaning shall have the right to rely, without further inquiry, on provision of the user identification(s) and password(s) as sufficient to authenticate use of the iamcleaning Service.

 

1.5           The iamcleaning Platform is used as follows:

 

a.        You choose your own username and password in order to login to the Platform and purchase Product on the Platform;

b.       You are able to manage and update your Registration Information on your Dashboard.

 

1.6               iamcleaning may, in iamcleaning’s sole discretion, change some or all of iamcleaning’s services and Fees at any time. In the event iamcleaning introduces new services or Fees, a notification will be sent to your appointed e-mail address and such change or introduction will be effective from date and time of sending and your continued use of the iamcleaning’s Platform after such a notification has been sent will indicate to iamcleaning your acceptance thereof.

 

1.7       A statement will be made available to you on your Dashboard after conclusion of a transaction.

 

1.8       In order to close your account, you will be required to e-mail iamcleaning at info@iamcleaning.co.za.

 

1.9       Unless otherwise stated, all prices which appear on the store are quoted in South African Rands.

 

1.10       iamcleaning may restrict and or terminate services to you at any moment without notice and without needing to furnish any reasons.

 

1.11       iamcleaning will not provide any computer equipment, network infrastructure, connections, hardware or software which you may require to access this Site.

 

2.       RIGHTS OF THE SHOPPER IN USING THE iamcleaning PLATFORM

 

2.1.              Subject to the terms and conditions of this Agreement, iamcleaning hereby grants you a limited, revocable, non-exclusive, non- transferable, worldwide right to use the iamcleaning Platform solely for the purposes described in this Agreement.

 

2.2.              A Shopper is afforded the rights granted to a consumer and data subject in terms of the Electronic Communications and Transactions Act 25 of 2002.

 

2.3.              Users may update, alter or edit their personal identification information at any time via the iamcleaning Dashboard and/or by following the instructions located in the iamcleaning Privacy Policy and are afforded all the rights granted to a data subject in terms of the Protection of Personal Information Act 4 of 2013.

 

 

 

 

4.       SHOPPER’S DUTIES AND WARRANTIES

 

4.1.             You agree and warrant to each to iamcleaning that:

a.        The information provided by you:

                                                               i.      is accurate and not false, misleading, deceptive or fraudulent;

                                                             ii.      does not breach any Intellectual Property Rights of a third party;

                                                            iii.      is made in compliance with all applicable laws, government regulations or guidelines;

                                                            iv.      is not forged, threatening or offensive or otherwise constitutes harassment;

                                                             v.      does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

                                                            vi.      does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

                                                          vii.      will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;

                                                         viii.      you have the legal capacity to purchase any goods or service

 

4.2.              You agree and warrant to iamcleaning that the purchase of any goods and/or services through the iamcleaning Platform is entirely at your own risk.

 

4.3.             You agree and warrant to iamcleaning that that you have read and understood the iamcleaning.co.za Refund and Return policy and you agree to be bound by the terms thereof, and that you acknowledge that iamcleaning bears no onus or liability regarding any dispute relating to the refund of a product or any damages incurred in connection therewith.

 

4.4.              You agree to make all payments through iamcleaning’s Third-Party payment provider, currently PayU.

 

5.       NATURE OF THE TRANSACTION BETWEEN IAMCLEANING.CO.ZA AND SHOPPER

 

5.1.             By placing an order on iamcleaning, the Shopper enters into a direct transaction and relationship with the iamcleaning Platform.

 

5.2.              Upon completion of checkout and clicking of the “pay now” button, payment for the Product is due to SERVICES MADE EEZY (PTY) LTD’s(iamcleaning.co.za licensed distributor) account,the details of which are as follows:

 

Bank : First National Bank

Branch : Portside Branch

Account number : 62785418693

Branch code : 210651

 

5.3.             All sales are legally binding between the iamcleaning and the Shopper.

 

5.4.              iamcleaning will deliver the service to you the Shopper at the agreed time and place as ordered within the Date and time range, unless one of the following exceptional circumstances occur:

 

a.        the Shopper fails to provide sufficient details to enable iamcleaning to complete delivery;

b.       there are elements of vis major preventing iamcleaning from completing its delivery;

c.        there is a power outage;

d.       the Shopper’s identity cannot be authenticated and verified by iamcleaning.co.za

 

5.5.              All services sold via the iamcleaning Service shall be rendered in accordance with the time schedules and terms set out by iamcleaning.co.za

 

5.6.              Should one of the exceptional circumstances in clause 5.6 occur, iamcleaning endeavours to deliver the service as soon as readily possible after the termination of the exceptional circumstance.

 

5.7.         You undertake to provide ratings and reviews that are fair and in no way vexatious or malicious. Ratings and reviews cannot be amended or edited once submitted. Caution must be taken when rating or reviewing as these can be utilised for litigation purposes.

 

5.8.          You may not abuse the Ratings and Review system, which includes adjusting ratings and reviews higher or lower by utilising another Shoppers account. Threatening racially offensive, abusive derogatory, discriminatory or profane language is also regarded as abuse of the system.

 

5.9.          iamcleaning promotes and preserves freedom of expression as envisaged by Section 14 of the Constitution of the Republic of South Africa and will only remove ratings and reviews in exceptional circumstances, however you consent to the removal of any ratings and reviews which contravene the provisions of this clause.

 

 

6.       COMPLIANCE WITH THIS AGREEMENT

 

6.1.              You agree that you will inform us immediately should you breach any terms of this agreement, or if you notice any conduct of another user which you suspect may breach a term of this agreement. This duty on you will be in place whether or not the breach is ongoing, has been remedied or could occur in the future.

 

6.2.              You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement and we undertake not to limit or prejudice your right privacy, unless:

 

a.        doing so  is necessary to comply with an obligation imposed by law or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;

 

b.       when processing your information for the proper performance of a public law duty by a public body;

 

c.        doing so is necessary to carry out the actions for the conclusion or performance of any contract or transaction to which you are a party with iamcleaning.

 

d.        when your personal information is necessary for pursuing the legitimate interests of iamcleaning or of a third party to whom the information is supplied.

 

6.3.              If we have any reason to believe or suspect, that you are not, or may be in danger of not, complying with or adhering to any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct within 48 hours, failure whereby iamcleaning is entitled in its sole discretion to terminate this agreement without any further notice.

 

6.4.              If we have any reason to believe or suspect, that you are not, or may be in danger of not, complying with or adhering to any of the provisions of this Agreement, then we may send you a notification requesting you to rectify your conduct within 48 hours, failure whereby iamcleaning is entitled to terminate this agreement without any further notice. even though we are not obliged to do so;

 

6.5.              Notwithstanding any rights in this Agreement, iamcleaning expressly reserves the right to terminate any user account with immediate effect and without any notice in the event the non-compliance with this Agreement threatens to cause serious prejudice to iamcleaning or its other users.   

 

6.6.             If you:

a.       infringe or are suspected of infringing the Intellectual Property Rights of any other person;

b.       are suspected of engaging, or have been convicted of engaging, in a settlement insurance or escrow investigation or otherwise, in any fraudulent or criminal activity in connection with this Site or any web site; or

c.        otherwise breach this Agreement; we may, in our absolute discretion:

                                                               i.      withhold from you, your use of any or all of the Services, and access to your information;

                                                             ii.      delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;

                                                            iii.      restore your access to the iamcleaning Platform if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and

                                                            iv.      terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.

 

7.       USE OF THIS SITE

 

7.1.         In using this Site, you may not:

a.        illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

b.       alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;

c.        impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;

d.       offer, sell, export any goods and services if this breaches any applicable laws to you;

e.       engage in any practice or conduct that is unlawful under any laws applicable to you;

f.         copy, modify, or distribute rights or content from our sites, services or tools or iamcleaning’s copyrights and trademarks;

g.        collect information about users (including email addresses), trades listed or sales activities conducted on iamcleaning without the express permission of iamcleaning.

 

7.2.         iamcleaning are fully committed to providing you with the best possible service, but accept no liability or responsibility for:

a.        any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, vis major, software malfunction or equipment, labour unrest, or any other cause beyond the reasonable control of iamcleaning; or

b.       any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.

c.        any direct or indirect loss or damages that may arise from:

                                                                 i.      any of your conduct that may result in a breach of this Agreement;

                                                                ii.      iamcleaning denying you access to the website in the case where we believe or have reason to believe that you are conducting activities that are abusive, illegal, or could damage the reputation and or integrity of the website or put iamcleaning in disrepute;

                                                              iii.      your reliance on any of the information, tools, content or materials that you obtain from the Site.

                                                              iv.      any links to other websites from the Site as you agree that it is not within our power to control the content of or the products offered on those other websites.

 

7.3.              In using this Site, iamcleaning does not and cannot guarantee:

a.     the operation of this Site or the information, tools, content, or materials on this Site and you expressly acknowledge that you use this Site entirely at your own risk; and

b.     that this Site, the information, tools, content or materials included on this Site, the iamcleaning servers, or any electronic communications sent by us are free from viruses or other harmful components.

 

7.4.              In using this Site, you agree to the following Copyright provisions:

a.        that no part of this Site may be copied or transmitted via any means available to you whether it be now or in the future;

b.       that if you copy or transmit portions of this Site iamcleaning are entitled to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. iamcleaning will also be allowed to claim for loss of profits and loss of business and will be entitled to recover all legal costs on a scale as between attorney and own client incurred in any such legal proceedings;

c.        any unauthorised alteration, use or dissemination of the content or information on this Site is prohibited;

d.       that nothing on this Site can be regarded or construed as granting any license or right to use any trademark without iamcleaning's prior written permission and or that of any third party;

e.       iamcleaning cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties relating to information on this Site.

 

7.5.             iamcleaning will not be liable for any damages of any kind or form arising from your use of this Site or from any information, tools, content or materials included on or otherwise made available to you through this Site, including, but not limited to, direct, incidental, punitive and or consequential damages.

 

7.6.              In using information about other iamcleaning users on this Site, you agree:

a.           to use user information only in accordance with applicable laws and regulations (including, without limitation, the Protection of Personal Information Act 4 of 2013 and other applicable data protection laws) and only for:

                                                               i.      iamcleaning-transaction-related purposes that are not unsolicited commercial communications;

                                                              ii.      using services offered through iamcleaning; and

                                                            iii.      other purposes a user expressly agrees to.

b.         to respect other users' privacy and disclose your privacy and security policies to them.

 

7.7.              The information and material contained on this Site has been prepared in accordance with the Applicable Laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

 

8.       LINKING TO THIRD PARTY WEBSITES

 

8.1.              Any links or references to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites;

 

8.2.              From time to time iamcleaning may employ the services of third parties to assist with the hosting and management of certain services and aspects of this Platform and Site. iamcleaning reasonably attempts to ensure that our sub-contractors comply with our Privacy Policy and generally accepted security standards and they will be accountable for any non-compliance;

 

8.3.              Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.

 

9.       ENTERING INTO THIS AGREEMENT

By entering into this Agreement, you warrant and represent to us:

a.        In the event of an natural person, i.e. an individual, that you are eighteen (18) years of age or older and possess full legal capacity and thereby enabling you to enter into this Agreement and perform your obligations under this Agreement; or

b.       In the event that you are a juristic entity:

                                                               i.      that your juristic entity is duly incorporated in terms of the applicable laws governing such registration and incorporation and have been issued with a certificate of commencement of business and possess full legal power to trade and conduct such business; and

                                                              ii.      you whom register as a user on this Site possess the necessary authorization or legal capacity to act on behalf of your juristic entity and legally bind them to this Agreement in performing your obligations under this Agreement; and

                                                            iii.      entering into this Agreement and concluding any transactions on the iamcleaning Platform does not violate your Constitution, Memorandum of Incorporation, Trust Deed or any incorporating documents.

 

10.      Refund, Returns and Cancellation Policy

 

If you are not 100% satisfied with the service rendered by iamcleaning.co.za, please feel free to notify us immediately so that we may rectify the service.

 

10.1 Should the service rendered not be up to satisfaction, iamcleaning.co.za will aim to rectify the service within 7 days of the complaint.

 

10.2 Should clause10.1 still not be up to the customers satisfaction, iamcleaning.co.za may at its sole discretion notwithstanding clause 13.1 provide the customer with a refund to the value of the service minus the value of product used in terms of detergents, call out fee and fixed costs associated with the service rendered.

 

10.3 Should the service rendered be regarded as unprofessional and inconsistent with industry norms, iamcleaning.co.za as its sole discretion and nothwithstanding clause 13.1 will provide the customer with a full refund in terms of clause 10.2 or a full refund of the purchase price at the discretion of the iamcleaning.co.za team.

10.4 Should the service be paid for and cancelled within 24 hours of service delivery , A full refund will be effected.

10.5 Should a portion of the service be rendered and cancellation occurs, the part of the service not rendered will be quantified and refunded to the Shopper.

10.6 Should cancellation by a shopper occur without proper notification in terms of a call, a whatsapp or an email, and the iamcleaning.co.za team arrives on the premises,  the shopper will be liable for a callout fee and the difference between payment and the callout fee will be refunded.

10.7 iamcleaning.co.za must be notified of a cancellation 24 hours before the service is rendered in order for a refund to be approved and paid out.

 

 

11.   TRANSACTIONS IN CASE OF A MINOR OR LEGAL INCAPACITY

 

11.1.          If you are under 18 years of age or not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of iamcleaning, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.

11.2.          If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your duties and obligations in terms of the agreement entered into between yourself and iamcleaning.

11.3.          iamcleaning strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should iamcleaning, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.

11.4.          To the extent that you utilize this Site or the iamcleaning Platform, iamcleaning will be entitled to accept that you were or are supervised by and have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove otherwise shall rest with you and by clicking “I agree to the terms and conditions of iamcleaning.co.za Service Agreement” you provide prima facie evidence or possessing such consent or supervision.

 

 

12.   PRIVACY STATEMENT

 

12.1.         You hereby agree that the provisions of the privacy policy must be read in conjunction with this Agreement as if specifically incorporated herein.

 

12.2.          iamcleaning agrees to notify you of:

a.          The personal information being processed on behalf of iamcleaning and the purpose for which it is processed;

b.         The third party collecting the information;

c.          How the information is used or processed;

d.         With whom the information may be shared;

e.         What security measures are in place to prevent any loss or misuse of any information held by iamcleaning;

f.           What your options and rights are in our processing of the information.

 

13.   LIMITATION OF LIABILITY AND DISCLAIMER

 

13.1.       Notwithstanding, and in addition to any other provision in this Agreement, you accept and agree that iamcleaning will not be liable to you or any other person for any damage/s, losses, expenses, or other amounts arising (including where the cause cannot be determined and where it arose directly or indirectly) from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:

a.        a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;

b.       any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;

c.        in relation to purchases or sales on this Site, that were not processed or accepted due to technical difficulties or for any reason whatsoever;

d.       whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;

e.       . any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;

f.         any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;

g.        any reliance on, the information and material contained on this Site about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;

h.       any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.

i.         for anything relating to the iamcleaning Rating and Review system;

j.         any decision relating to the holding of an inquiry into an alleged breach on the part of one or more of the iamcleaning users.

 

13.2.          To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.

 

14.   INDEMNITY

14.1.         While iamcleaning makes every reasonable effort to ensure that the content and information on the Site is accurate, complete and updated, we do not make any guarantee about the suitability of the products and services on the iamcleaning Platform nor that the content and information on the iamcleaning Site or Platform is accurate, complete and updated.

14.2.          You agree to fully indemnify iamcleaning, its directors, and employees, and will not hold us responsible for any claim relating to your use of the iamcleaning Site or Platform.

14.3.          You agree to fully indemnify iamcleaning, its directors and employees, from any errors or inaccuracies or incomplete information made available by third parties on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss that may arise from any disclosure to or by any third parties.

14.4.          You accept that iamcleaning is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.

14.5.          All products and services purchased on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.

14.6.          You acknowledge that some of the content, information, materials or tools on the Site come from third parties or external sources, and you agree that iamcleaning is not responsible, and will not be held liable for any information or content received from these external sources.

14.7.          Notwithstanding, and in addition to any other provision in this Agreement, you agree to indemnify iamcleaning and each Indemnified Party against and release them from, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:

a.        your use of the Site or Platform;

b.       your offering for sale and the sale of, and/or, your purchase of, any goods and services as a result of using the Site of Platform;

c.        the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Site or Platform;

d.       any alleged breach of a person's rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Site or Platform; or

e.       any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Site or Platform in accordance with this Agreement.

 

 

15.    DISPUTES

 

15.1.             You and iamcleaning must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this Clause 16 before starting any proceedings (except proceedings seeking urgent relief).

 

15.2.             The procedure for resolving a dispute is as follows:

a.          first, either you or iamcleaning may give notice to the other about the nature of the dispute ("Notice") and you and iamcleaning will seek to negotiate a settlement within 14 working days of receipt of the Notice;

b.         second, should the negotiations be unsuccessful and only to the extent that they are, you and iamcleaning undertake to within a further five (5) days to attempt to reach an agreement on an appropriate mediator to resolve the dispute; and

c.          should the parties not be able to agree on a mediator or should the mediation be unsuccessful, the dispute if arbitrable in law will be referred to arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa (“the Foundation”) to be arbitrated by an arbitrator appointed by the Foundation.  

 

15.3.             You will be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.

 

 

16.   DISPUTES BETWEEN USERS OF iamcleaning:

 

16.1.        iamcleaning encourages users to report user-to-user disputes to local law enforcement, or a certified mediation or arbitration entity, as applicable.

 

16.2.        iamcleaning, for the benefit of users, may try to help users resolve disputes.

 

16.3.        iamcleaning does so in iamcleaning’s sole discretion, and iamcleaning has no obligation to resolve disputes between users or between users and outside parties.

 

16.4.        To the extent that iamcleaning attempts to resolve a dispute, iamcleaning will do so in good faith based solely on iamcleaning’s policies.

 

16.5.        iamcleaning will not make judgments regarding legal issues or claims.

 

 

17.   GENERAL TERMS AND CONDITIONS

iamcleaning has an absolute discretion to change, amend, revise or modify the terms of this Agreement at any time. Should iamcleaning do so, we will e-mail or circulate via any other electronic means details of any such changes, amendments, revisions or modifications on this Site that will be effective at the time and date of sending the notification to your appointed e-mail or other method of electronic circulation. Your continued use of the iamcleaning Platform after time and date of sending or circulation will indicate to iamcleaning your acceptance of such change, amendment, revision or modification.

 

18.   SOLE AGREEMENT

 

18.1.      This agreement read with the Privacy Policy and Fee Policy constitutes the sole memorandum of the agreement between the parties relating to the subject matter hereof and no variation of this agreement shall be of any force or effect unless reduced to writing and signed by both parties.

 

18.2.      The parties acknowledge that there are no representations or warranties other than those contained herein.

 

19.   NATURE OF THE RELATIONSHIP OF THE PARTIES

Nothing in this agreement shall constitute or be deemed to constitute a partnership or joint venture between the parties hereto or constitute iamcleaning as an agent or representative of the Shopper or vice versa.

 

20.   FURTHER ASSURANCES

Each party to this agreement undertakes to do everything necessary and to act as may reasonably be expected and required by the other in order to give effect to all transactions concluded in terms of this agreement.

 

21.   NON-WAIVER

No indulgence, extension of time, waiver or relaxation of any of the provisions granted by any of the parties to the other in regard to the enforcement of its rights under this agreement, shall be construed as a waiver of such rights (unless expressed as such in a written document signed by the indulgent party) nor shall it serve to stop the indulgent party from strictly enforcing its rights in the event of a subsequent breach thereof.

 

22.   APPLICABLE LAW

 

22.1.      This Agreement will be governed by the laws in force in the Republic of South Africa and the parties agree to submit to the jurisdiction of any competent court in South Africa in respect of any dispute arising from or connected to the effect, interpretation, enforcement, breach of this Agreement or the respective parties’ rights and obligations hereunder.

 

22.2.      The parties agree to submit to the jurisdiction of the Magistrate’s Court in terms of section 45 of the Magistrates’ Courts Act 32 of 1944, irrespective of whether the amount claimed exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court.

 

23.   APPOINTED ADDRESS FOR SERVICE OF NOTIFICATIONS AND LEGAL DOCUMENTS

 

23.1.      The e-mail address that you used to register and later use to login to the iamcleaning Platform (your “appointed e-mail address”) will be your appointed e-mail address for all notification purposes of this agreement.

 

23.2.    Iamcleaning.co.za may from time to time change its appointed e-mail address by electronically updating its information on the Dashboard, which change will be effective immediately.

 

23.3.      By entering your physical address in the Registration Information and updating same on your Dashboard from time to time you nominate such address as your domicilium citandi et executandi or the address where you are prepared to receive all notices and legal documents in terms of this agreement.

 

23.4.      A notice given as set out above shall be presumed to have been duly delivered:

a.        at the time and on the date which it was sent by iamcleaning to your appointed e-mail address;

b.       In the case of delivery to your physical address:

                                                               i.      on the date of delivery by hand, telex or telefax;