This agreement constitutes a legal agreement between you ("you" or "user") and SIA KLEAN, registered in Latvia (40203053939), Rūpnīcu street 4, Olaine, lv-2114, Latvia, d/b/a KLEAN ("KLEAN" or "us"). This agreement governs your use of our Services and marketplace, that facilitates communications between users offered through our website located at www.klean.lv, (the "site"), and/or our mobile application offered by us (the "apps"). Our Services, marketplace, site and apps are collectively referred to as the "KLEAN marketplace".
By accessing, whether as a guest or a registered user, or using the KLEAN marketplace or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this agreement, and any future amendments and additions to this agreement as we may publish from time to time. If you do not agree to accept and be bound by this agreement, you must immediately stop using the KLEAN marketplace.
By using the KLEAN marketplace, you represent and warrant that: you are at least 18 years old; you have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this agreement, and that you will so abide. Where you enter into this agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this agreement.
Please read these terms and conditions of use carefully before you start to make any use of KLEAN marketplace, as they will apply to your use of it
KLEAN marketplace is solely a venue for communications
Please note that we simply provide the marketplace that connects individuals/companies seeking to obtain Services ("Clients") and/or individuals/companies seeking to provide Services ("Kleaners"). Clients and Kleaners together are referred to as "users". We do not, ourselves, provide any cleaning Services or other Services of the type listed on the KLEAN marketplace as being provided by Kleaners and any contract for the provision of those Services is between you and the relevant Kleaner (and not us). Those certain Services requested by the Client, which are to be completed by the Kleaner are hereinafter referred to as "Services." it is up to the relevant Kleaner to perform any Services you request through KLEAN marketplace (and, if requested by you, to provide any cleaning materials required) and you agree to comply with any agreement that apply between you and the relevant Kleaner.
You acknowledge that we do not supervise, direct, or control a Kleaner’s work or Services performed in any manner. Kleaner provides Services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of KLEAN for any purpose whatsoever.
If you have a complaint in relation to the Services provided by a Kleaner, that complaint must be taken up with the Kleaner directly. If you are unable to resolve a dispute with a Kleaner or you cannot come to an agreement with a Kleaner, please contact us and we will use our reasonable endeavours to try to resolve the dispute.
Although KLEAN does perform background checks of Kleaners, KLEAN cannot confirm that each Kleaner is who they claim to be. KLEAN does not assume any responsibility for the accuracy or reliability of this information or any information on the Service. Each Client should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know.
By using the KLEAN marketplace, the Kleaner agrees to hold KLEAN free from the responsibility for any liability or damage that might arise out of the Services. KLEAN is not responsible for the conduct, whether online or offline, of any user including Kleaners, and will not be liable for any claim, injury or damage arising in connection with any Services, except as outlined in our damage policy. KLEAN never covers damages due to an injury of a Kleaner or Client.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account provided by you or us for accessing the KLEAN marketplace. You are solely and fully responsible for all activities that occur under your password or account, except that KLEAN may, in certain circumstances, access your account to make changes that you request. KLEAN has no control over the use of any user's account by the user or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org.
You will provide us with such proof of identity as we may reasonably request from time to time.
By providing your phone number and using the KLEAN marketplace, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (sms) messages, in order to assist with facilitating the requested Services. You may opt-out of receiving text (sms) messages from us by replying with the word "stop" to a text message from us. You acknowledge that opting out of text (sms) messages may impact your ability to use the KLEAN marketplace.
KLEAN may send you confirmation and other transactional emails regarding the Services. KLEAN may also send you emails about Services that we think might interest you ("promotional emails"). You can unsubscribe from promotional emails at any time by clicking unsubscribe in our email communications or contacting us.
You can use our KLEAN marketplace to book a Service. Service rates will be calculated per hour as specified in the Service booking process. Each Service has a minimum price, of one(1) hour of Service, and it is your responsibility to check this price before booking. When booking a Service, you will ensure that you give full and complete information regarding the work to be undertaken together with details of the history of items to be dealt with by the Kleaner (including details of breakdowns and faults) and relevant information about the property. Kleaners are for the most part expected to supply and use their own tools and equipment. Clients however can supply the Kleaner offering providing Service with a mop and vacuum cleaner and other cleaning supplies.
At the time you book a Service on the KLEAN marketplace we will pre-authorise, on the payment method added to your account, payment of one (1) hour of Service as a booking fee (“Booking fee”). The Booking fee will be deducted from the total cost of the Service, after the Service has been finished. KLEAN will make suitable Kleaner in your geographical area aware of the Service you booked together with details of your requested date and time for it to be carried out. Your contact details and full address will be kept confidential until a Kleaner accepts your Service. A Kleaner may accept or reject the Service and we do not guarantee that you will receive a response to a booked Service or that responses will meet the requirements you have specified. We will notify you if there are no suitable Kleaners operating in your area who are able to carry out your Service. At the point a Service Provider accepts the Service your information (including name and details of the Premises) will be provided to them.
KLEAN shall have no liability in the event that a Kleaner who accepted the Service is unable or unwilling to fulfil the Service at the requested time. In the event that: you do not give full and complete information at the time of booking a Service or the Kleaner is reasonably unable to assess the Service requirements remotely, then the Kleaner may, on arrival at the property, deem that Additional Work is required in order for the Service to be completed. In these circumstances the Client and Kleaner shall agree the scope of, and fee for, such Additional Work before any work to perform the Service is commenced; or a Kleaner incurs additional Costs and Expenses they will agree these with you in advance and you shall be liable to pay for such Costs and Expenses on the production of a valid receipt or submission of a request for payment via the KLEAN Customer support. Additional Payments can be made via the KLEAN marketplace or directly to the Service Provider and in any event must be authorised before the Service is completed via the KLEAN marketplace.
You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Kleaner prior to any work commencing at your property. Kleaner must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you.
You agree to treat the Kleaner with respect whilst completing the Service and be polite and courteous in your dealings with them.
You agree to move all furniture and items to enable the Kleaner to have clear access to the property and for carrying out the Service.
Users of the KLEAN marketplace contract for Services directly with other users. KLEAN is not a party to any contracts for Services. The KLEAN marketplace facilitates these contracts by supplying a medium through which Clients can connect with Kleaners, schedule Services, and make payments for Services ("payments").
Client understands that use of the Services may result in a payment for the Services received from a Kleaner (“charges”). After Client has received the Service, KLEAN will facilitate Client’s payment of the applicable charges on behalf of the Kleaner as such Klearner’s limited payment collection agent. Payment of the charges in such manner shall be considered the same as payment made directly by you to the Kleaner. Charges will be inclusive of applicable taxes where required by law. Charges paid by Client are final and non-refundable, unless otherwise determined by KLEAN.
Client can pay for the Services with a credit card payment, which requires the prior activation of the credit card data within the app and acceptance of KLEAN terms and conditions. When making credit card payments, the receiver of the payment is SIA KLEAN, who forwards the received payment to the transportation Service provider. The intermediation of credit card payments in the KLEAN marketplace is carried out through Adyen BV pursuant to the following conditions https://www.adyen.com/home/support/manuals.
KLEAN shall be responsible for the functioning of credit card payments and offers card owners support in solving problems. The resolution of credit card and mobile payment related disputes also takes place through KLEAN. The contact for KLEAN credit card and mobile payment support Service is: email@example.com and phone number +371 25269269 – inquiries submitted by e-mail shall receive a response within one business day. KLEAN shall resolve all credit card complaints and applications within two business days.
All Kleaners, as the providers of the Services available through KLEAN marketplace, have been advised on the importance of the general civil liability insurance. It is up to each Kleaner if to acquire such insurance policy. Kleaner takes full responsibility for the insurance of the provided Services. Kleaner is also responsible for their private insurance, and/or wellbeing, while providing the Services.
If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“personal insurance”), you agree that your personal insurance is primary and KLEAN’s Insurance guarantee is secondary. The KLEAN’s Insurance guarantee will only compensate for losses to the extent not otherwise covered by your personal insurance.
Use of the Service is entirely at your own risk.
The Service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limiting the foregoing, neither KLEAN nor its affiliates or licensors warrant that access to the Service will be uninterrupted or that the Service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the timeliness, accuracy, reliability, completeness or content of any or Service, information or materials provided through or in connection with the use of the Service.
Without limiting the foregoing, neither KLEAN nor its affiliates or licensors warrant that any Service will occur whatsoever or that any individual shall be assigned to the cleaning. KLEAN may from time to time may have Services without any Kleaners assigned whatsoever or a temporary Kleaner who is not expected to complete the Service.
Neither KLEAN nor its affiliates are responsible for damage or theft on your property as a result of actions by you or Kleaners. You are responsible for physically securing all valuable items.
Neither KLEAN nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Service.
Neither KLEAN nor its affiliates or licensors is responsible for the conduct, whether online or offline, between Kleaners.
Neither KLEAN nor its affiliates or licensors warrant that the Service is free from viruses, worms, trojan horses, or other harmful components.
KLEAN and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
The quality of the Services scheduled or requested using the KLEAN marketplace is entirely the responsibility of the Kleaner who ultimately provides such Services to you. You understand, therefore, that by using KLEAN marketplace, you may be exposed to Services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the KLEAN marketplace, and such Kleaners, at your own risk.
Nothing in this agreement or the KLEAN marketplace constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the KLEAN marketplace, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not believe they are reasonable, you must not use the KLEAN marketplace.
You accept that, as a company, KLEAN has an interest in limiting the personal liability of its officers, directors and employees. You agree that you will not bring any claim personally against KLEAN’s officers, directors or employees in connection with any dispute, loss or damage. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this agreement will protect the KLEAN's officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns and sub-contractors as well as KLEAN.
Each party acknowledges that the other party has entered into this agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Lossess expressly not covered by KLEAN
The 100% money back guarantee is available to Clients and is the sole liability of KLEAN to Clients for the performance of Services. If you are not satisfied with the quality of the initial Service requested and paid for through the KLEAN marketplace, then KLEAN will send another Kleaner to re-perform the Service ordered at no additional charge to the Client. If user does not agree with the provided solution, we might mediate the resolution in the form of a full refund. Both users have the right to disagree with such resolution, in this case the appropriate user will need to provide a detailed description of the risen situation.
This agreement shall continue in full force and effect until it is terminated by you or by us.
We may terminate this agreement or terminate or suspend your right to use the KLEAN marketplace at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this agreement or any policy posted on the KLEAN marketplace, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "prohibited conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. If we terminate or suspend your right to use the KLEAN marketplace due to any prohibited conduct, we will refund in full any payments for Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, KLEAN may delete the account and all the information in it. You have no ownership rights to your account.
You may terminate this agreement by completely and permanently ceasing to use the KLEAN marketplace (if there are no outstanding Services ordered under your account) and by closing any account you have opened on the KLEAN marketplace. If you attempt to terminate this agreement while there are still outstanding Services ordered under your account, this agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by KLEAN.
When a Kleaner cancels a scheduled Service, KLEAN generally notifies the Kleaner and makes the Client’s Service request available for another Kleaner to select. However, KLEAN cannot guarantee that a canceled Service will be selected by another Kleaner and rescheduled or that the Service request will be completed. Kleaners who cancel a scheduled Service may incur fees as provided in the KLEANing agreement.
If you decide to cancel a booking, you may do so via the Site or the app, subject in each case to the following conditions: if you cancel more than 24 hours before the scheduled start time of the visit, the cancelation is free of change ;if you cancel less than 24 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as stated on the site which will be deducted from your booking fee, and the rest of the fee will be refunded to your credit card; Cancellations direct with the relevant Service Provider are not permitted and will not be accepted.
The site and/or the app may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or Services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
KLEAN marketplace may contain opportunities to provide reviews, that allow users to communicate with other users and with KLEAN (collectively, "review areas"). Some areas within the KLEAN marketplace will be public and KLEAN will not be responsible for any information or materials posted in such public areas. KLEAN may, in its discretion, publicly post submissions you submit to a non-public area of the KLEAN marketplace. You may only use review areas for material that is relevant and proper to the applicable use and that comply with this agreement. "your information" is defined as any information and materials you provide to us or other users in connection with your registration for and use of the KLEAN marketplace, including without limitation, information and materials that are posted or transmitted for use in review areas. You are solely responsible for your information, and we are merely a passive conduit for your online distribution and publication of your information. You hereby represent and warrant that your information: (a) will comply at all times with this agreement; and (b) will not create liability for us or cause us to lose (in whole or in part) the Services of our internet service providers, customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of your information that is posted to review areas from or through your account on the KLEAN marketplace. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the KLEAN marketplace. We reserve the right to remove postings from Review areas in our sole discretion.
During the term of this agreement, Clients may use the KLEAN marketplace for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Clients may use the KLEAN marketplace to book Services solely with respect to a location where the requester is legally authorized to have Services performed. Requesters may not use the KLEAN marketplace for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Clients agree that an order for Services is an offer, which is only accepted when the Client receives a confirmation of the order. Clients agree to treat Kleaners courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Kleaners to enable them to supply Services. Clients agree to communicate any complaints to us and not to the Kleaners. Clients agree to comply with our complaint and other policies designated on the site. Clients acknowledge that their selected Kleaner may be unavailable from time to time, e.g. due to illness, vacation or leaving the KLEAN marketplace. Kleaners agree to provide Services in accordance with all applicable laws and regulations and with the KLEANing agreement. You shall not use the KLEAN marketplace (including but not limited to any review areas) to do any of the following:
KLEAN marketplace may allow you to access our Services, download our apps, upload content to the KLEAN marketplace, and receive messages on your mobile device (collectively "mobile features"). Your mobile device carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in mobile features. We have no responsibility or liability for any fees or charges you incur when using the mobile features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
You acknowledge that your use of the apps is subject to any terms set forth in the agreement of the third party providing the mobile device on which the app operates.
KLEAN is not liable if you do not have a compatible mobile device or if you download the wrong version of an app for your mobile device. KLEAN reserves the right to terminate the use of the apps or any other aspect of the KLEAN marketplace should you be using the apps or the KLEAN marketplace with an incompatible or unauthorized device.
If the App has been acquired from the Apple App Store. You acknowledge and agree that the Agreement is solely between you and KLEAN, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Agreement. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Agreement and any law applicable to KLEAN as provider of the App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Agreement and any law applicable to KLEAN as provider of the software. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, KLEAN, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. You represent and warrant that You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties. You and KLEAN acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as relates to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as relates to your license of the App against you as a third-party beneficiary thereof.
Where the App has been acquired from the Google Play Store. You acknowledge that the Agreement is between you and KLEAN, and not with Google, Inc. (“Google”); your use of the App must comply with Google’s then-current Google Play Store Agreement; Google is only a provider of the Google Play Store where you obtained the App; KLEAN, and not Google, is solely responsible for its App; Google has no obligation or liability to you with respect to the App or the Terms of Service; and you acknowledge and agree that Google is a third-party beneficiary to the Terms of Service as it relates to KLEAN’s App.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of KLEAN and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify KLEAN in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to KLEAN upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of KLEAN's trade secrets, confidential and proprietary information and all other information and data of KLEAN that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
The agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of Latvia, without regard to the choice of conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the KLEAN marketplace shall be subject to the exclusive jurisdiction of the courts of Latvia to which you hereby submit.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this agreement. A failure by us to enforce any provision(s) of this agreement will not be construed as a waiver of any provision or right. This agreement constitutes the entire agreement between you and KLEAN with respect to its subject matter. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this agreement, there shall be no third party beneficiaries to this agreement. You agree that regardless of any statute or law to the contrary, any dispute, claim or cause of action arising out of or related to this agreement must be filed within one (1) year after such dispute, claim or cause of action arose or be forever barred. KLEAN’s address for such notices is: firstname.lastname@example.org. The captions in this agreement are solely for convenience and shall not affect the interpretation of this agreement. This agreement shall not be modified except in writing signed by both parties or by means of a new posting by KLEAN, as described below. This agreement shall be interpreted as if jointly drafted by the parties. KLEAN shall have no liability to you for any failure or delay in performing its obligations in this agreement where such failure or delay is caused by an event or circumstance beyond KLEAN's reasonable control.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Service is owned by KLEAN or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. KLEAN owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the service without KLEAN's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of KLEAN and/or the relevant right holder.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the KLEAN marketplace or any content or information on the KLEAN marketplace with or without notice. We will not be liable to any party for any modification or discontinuance of the KLEAN marketplace.
If you have any questions regarding this agreement, please contact us at email@example.com or by mail the below address:
Sporta street 2