This agreement (the ‘Agreement’) together with the documents
referred to on it sets forth the terms and conditions by which Kynknock Ltd
(we, us, Kynknock Ltd, Cleaner Network) offers you to use:
our websites: https://www.cleaner.networkwhether
as a guest or a registered user and regardless of how you access them.
Our App: Cleaner Network.
Please read these terms of use carefully before you start using the website or app (our site) as they will create a binding agreement between you and us and will govern our relationship whilst you are using our websites and app. By using our site, you indicate that you have read, understood, considered and you accept these terms of use, and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Our websites are operated by Kynknock Ltd t/a Cleaner
network. We are registered in Gibraltar under company number 117647 and have
our registered office at Suite 23, Portland House, Glacis Road, GX11 1AA, Gibraltar
1. Accessing our site
Access to our site is permitted on a temporary basis only,
and we reserve the right to withdraw or amend the service we provide on our
site without notice (see below). We will not be liable if for any reason our
site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our
site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user
identification code, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any third party. We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our absolute opinion/discretion you have failed to comply with
any of the provisions of/in these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2. Creating an account and using our websites, apps, and account
systems
2.1. Only people who are 18 /eighteen/ years old or older may
create and use an account with Cleaner Network.
2.2. You agree to always provide us with accurate and complete
info, including if you provide us with your names, address of you or your
property, date of birth, email address and/or any credit or debit card
information or bank account details. We shall use this information according to
our Privacy Policy.
2.3. You agree not to share your account or login credentials
with anyone. You shall not sell, transfer or allow any other person to access
your account or login credentials. You shall be entirely responsible for
maintaining the confidentiality of your account and login credentials.
2.4. You agree to notify us immediately if you become aware
of any breach of security, including any loss, theft or unauthorised access or
disclosure of your account or login credentials.
2.5. You may terminate or suspend your account at any time by
contacting us at customerservice@cleaner.network
2.6. We may terminate or suspend your account if we
determine, at our absolute discretion that:
2.6.1. You have violated
or are violating any term of this Agreement;
2.6.2. Cleaner Network
have stopped or will stop offering any or all services in your area or country;
2.6.3. Terminating your account would be in best interest
for Cleaner Network, the service providers or any third parties;
2.7. If your account is terminated, you will no longer have
access to it, including not limited to, any of the data associated to the account,
its contents, information, history or services. In case your account is
terminated, Cleaner Network, any of our subsidiaries, partners, service providers,
licensors or any other third parties related to us shall have no liability to
you. We also reserve the right to terminate any other accounts you may have
created or created in the future.
2.8. You hereby acknowledge that you have read, understood, considered
and agree that creating and using any and all accounts that you created with
Cleaner Network involves the risk that your account may be terminated or suspended
and that, whenever you use the Cleaner Network websites or apps, you will bear
the risk in mind and esteem to always adhere to the rules set forth in this
Agreement and conduct yourself appropriately.
2.9. If you submit any creative ideas, suggestions or
materials to us (the ‘Unsolicited Ideas’), you grant Cleaner Network, any of
our subsidiaries, partners, service providers, licensors and/or any other third
parties related to us a worldwide, perpetual, irrevocable, sub-licensable,
transferable, assignable, non-exclusive, and royalty-free right and license to
use, reproduce, distribute, adapt, modify, translate, create derivative works
of, publicly perform, publicly display, digitally perform, make available to
the public, communicate to the public, sell, offer for sale, and import any and
all Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents,
designs, industrial rights, and all other intellectual and proprietary rights
related thereto, in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, including sharing the Unsolicited Ideas
with others, without any compensation to you. To the extent necessary, you
agree that you undertake to execute and deliver any and all documents and perform
any and all actions necessary or desirable to ensure that the rights to use the
Unsolicited Ideas granted to us as specified above are valid, effective, and
enforceable. Additionally, you give up any claim that the use by Cleaner
Network, any of our subsidiaries, partners, service providers, licensors,
licensees or any other third parties related to us, of your Unsolicited Ideas
and violations of any of your rights, including moral rights, privacy rights,
rights to publicity, proprietary or other rights, and rights to credit for the material
or ideas set for therein.
2.10 While using our websites, apps and account systems, you must comply with all applicable laws, rules and regulations in the jurisdiction in which you reside, as well as the additional rules set out by our Agreement with you and the rules that govern your use of our services.
3. Transactions concluded through our site and our liability
to you
3.1. Our role is as/of an introductory agent for providers
of wide range of cleaning and maintenance services and we are authorised by
local providers to enter into a contract with you on the service providers'
behalf. We will do this by taking your booking enquiry, allocating the booking
to an available service provider (Provider) and then sending you an email confirming
the details of your booking and providing a link to theService Terms and Conditions.
3.2. Once you have indicated your agreement to the Service Terms
and Conditions and the terms set out in the email using the link provided in
the email, a contract will come into existence between you and the Provider.
3.3. Your contract is with the Provider and the
responsibility for the provision of the services rests solely with the
Provider. Please read the Service Terms and Conditions carefully as they will
be legally binding on you once you have indicated your agreement to them, directly
or by confirming the booked service with the service provider.
3.4. Although your contract is with the Provider, we will
continue to be your main point of contact whilst the Provider is providing the
services that you have requested. Additionally, we may also process all
non-cash payments from you on behalf of the Provider.
3.5. Please note that the responsibility for the provision
of the services is the Provider's alone. You acknowledge and agree that we shall
not be held responsible and incur no liability of any kind, under any
circumstances whatsoever for the provision of services.
3.6. We welcome your feedback about Providers and if you experience problems of any kind with a provider, please contact us straightaway on +353872753639
4. Intellectual Property Rights
4.1. We are the owner or the licensee of all intellectual
property in our websites and apps, and of the material published on it. Those works
are protected by copyright laws and treaties around the world. We, Cleaner
Network, any of our subsidiaries, partners, service providers, licensors or any
other third parties related to us own and reserve all intellectual property
rights and other rights and title in and to the Cleaner Network, and all data
and content included therein, including, user accounts, computer and/or app
code, titles, objects, chat logs, phone recordings, artwork, graphics, designs,
photos, pictures, sounds, musical compositions and recordings, and methods of
operation.
4.2. We grant you a limited, non-exclusive,
non-transferable, revocable license to use and enjoy the Cleaner Network website,
apps and account system, for your individual, non-commercial purposes only and
expressly conditioned upon your compliance with the terms of this Agreement.
Unless otherwise expressly authorized by us in a signed writing, you may not
sell, copy, exchange, loan, reverse engineer, decompile, derive script from,
translate, lease, grant security interest in, transfer, publish, assign or
otherwise distribute any of the Cleaner Network (Kynknock Ltd) intellectual property.
4.3. You acknowledge and agree that unless we grant you a
license, in a signed written contract, you may never use any of our trademarks,
service marks, trade names, logos, domain names, taglines, or trade dress. Any
reproduction, redistribution, or modification of the Cleaner Network and its properties,
or use of the Cleaner Network or its properties, not in accordance with this
Agreement, is expressly prohibited and may result in civil and/or criminal
penalties.
4.4. You acknowledge and agree that you shall have no
ownership or other property interest in your account, and that all rights in
and to your account are and shall forever be owned by and inure to the benefit of
Cleaner Network.
4.5. You acknowledge and agree that you have no claim,
right, title, ownership, or other proprietary interest in the contents of the websites
and/or the apps, and/or any other credits accumulated through any Cleaner Network
websites, apps or account systems, regardless of any consideration offered or
paid in exchange.
4.6. You acknowledge and agree that Cleaner Network, any of
our subsidiaries, partners, service providers, licensors or any other third
parties related to us, shall not be liable in any manner for the deletion,
modification, impairment, hacking, or any other damage or loss of any kind
caused to content of the websites, apps, accounts and/or account systems,
including deletion of any and all of the websites, apps, accounts, account
systems and/or any and all accumulated credits.
4.7. You may print off one copy, and may download extracts,
of any page(s) from our site for your personal reference and you may draw the
attention of others within your organization to material posted on our site.
4.8. You must not modify the paper or digital copies of any
materials you have printed off or downloaded in any way, and you must not use
any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
4.9. Our status (and that of any identified contributors) as
the authors of material on our site must always be acknowledged.
4.10. You must not use any part of the materials on our site
for commercial purposes without obtaining a license to do so from us or our
licensors.
4.11. If you print off, copy or download any part of our
site in breach of these terms of use, your right to use our site will cease immediately
and you must, at our option, return or destroy any copies of the materials you
have made.
4.12. Cleaner Network are trademarks owned by or licensed to
Kynknock Ltd
4.13. If you’re a copyright owner or agent thereof and believe
that content posted on our websites or in our apps or elsewhere, infringes upon
your copyright, please submit a notice to the Legal Department with:
- An electronic or physical signature of the person authorized
to act on behalf of the copyright owner; - A description of the copyrighted
work that you claim has been infringed; - The URL of the location on the
website or a screenshot of the location in the app containing the material you
claim is infringing; - Your address, telephone number, and email address; - A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and - a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or the person
authorized to act on the copyright owner’s behalf.
Mail: Cleaner Network, Suite 23, Portland House, Glacis Road,
GX11 1AA, Gibraltar
Email: legal@cleaner.network
Please note that these notifications are legal notices and that Cleaner Network may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The Privacy Policy does not protect information provided in these notices.
5. Reliance on information posted
5.1. Commentary and other materials posted on our site are not
intended to amount to advice on which reliance should be placed.
5.2. We therefore refuse all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. Our site changes regularly
6.1. We put a lot of effort to improve our services. Thus,
our site is updated regularly, and we may change the content at any time. If
the need arises, we may suspend access to our site, or close it indefinitely.
You agree that we may change, update, suspend or restrict your access to any
features, parts or the whole site and/or app, at any time, without notice or liability
to you. Additionally, you understand and agree that Cleaner Network might change
any system specification requirements necessary to install and use the apps or
the sites, in such case you are solely responsible to make sure that you meet
the requirements for any necessary additional software or hardware, in order to
use the apps or the sites.
6.2. Any of the material on our site may be out of date at any given time, and we are under no obligation to update any and all materials, whatsoever.
7. Our liability for the material on the site
7.1. Cleaner Network and the materials displayed on our site
is provided to you on ‘as is’ and ‘as available’ basis, without any guarantees,
warranties or representations of any kind, express or implied. To the fullest extent
permitted by applicable law, we, other members of our group of companies and
third parties connected to us hereby expressly exclude:
7.1.1. All conditions, warranties and other terms which
might otherwise be implied by statute, common law or the law of equity.
7.1.2. Any liability for any direct, indirect or consequential
loss or damage incurred by any user in connection with our websites or in connection
with the use, inability to use, or results of the use of our websites, apps, account
systems and/or any websites linked to it and any information and/or materials posted
on it, including:
7.1.2.1. loss of income or revenue;
7.1.2.2. loss of business;
7.1.2.3. loss of profits or contracts;
7.1.2.4. loss of anticipated savings;
7.1.2.5. loss of data;
7.1.2.6. loss of goodwill;
7.1.2.7. wasted management or office time; and whether caused
by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Indemnity
8.1. You hereby acknowledge and agree to indemnify, defend
and hold harmless Cleaner Network, any of our subsidiaries, partners, service
providers, licensors, licensees or any other third parties related to us, our officers
and directors from and against any and all claims, lawsuits, damages, losses,
liabilities and costs that directly or indirectly arise or result from your use
or misuse of the Cleaner Network websites, apps, account systems, services, any
violation by you of any of the provisions of this Agreement or the Privacy Policy
or any infringement by you of any third party’s right.
8.2. Cleaner Network reserves the right, at its own expense
and in its sole and absolute discretion, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which even
you will cooperate with Cleaner Network in asserting any available defenses.
9. Information about you and your visits to our site
9.1. We monitor and may process information about you in
accordance with our Privacy Policy.
9.2. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
10. Uploading material to our site
10.1. Whenever you make use of a feature that allows you to
upload material to our site, or to make contact with other users of our site,
you must comply with the content standards set out in these terms. You warrant
that any such contribution does comply with those standards. In cases where any
such contribution does not comply with those standards and is a cause for a
claim or a dispute you agree and undertake to indemnify us for any breach of
that warranty.
10.2. Any material you upload to our site will be considered
non-confidential and nonproprietary, and we have the right to use, copy,
distribute and disclose to third parties any such material for any purpose. We
also have the right to disclose your identity to any third party who is
claiming that any material posted or uploaded by you to our site constitutes a
violation of their intellectual property rights, or of their right to privacy.
10.3. You are responsible and liable for any and all
communications, information, images, material, their contents and accuracy transmitted,
uploaded or posted to our websites, apps or account systems by you to us and
any third party.
10.4. You hereby acknowledge and agree that none of the
communications, information, images, material and their contents will not be
subject to any obligation, whether of confidentiality, attribution or
otherwise, on the part of Cleaner Network, any of our subsidiaries, partners,
service providers, licensors, licensees or any other third parties related to
us won’t be liable for any and all use or disclosure of the communications,
information, images, material and their contents. You waive any moral rights
you may have in the content that you have posted to the maximum extent permitted
by the laws of your jurisdiction.
10.5. You hereby represent, warrant and agree that the
communications, information, images, materials and their contents shall not
violate any third-party rights.
10.6. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
11. Viruses, hacking and other offences
11.1. You must not misuse our site by knowingly introducing
viruses, trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorized access to
our site, the server on which our site is stored or any server, computer or
database connected to our site. You must not attack our site via a denial-of-service
attack or a distributed denial-of service attack.
11.2. By breaching this provision, you would commit a criminal
offence under the Computer Misuse Act 1990. We will report any such breach to the
relevant law enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a breach,
your right to use our site will cease immediately.
11.3. We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12. Linking to our site and removal of links
12.1. You may link to our website, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such a way as to suggest any form
of association or in misleading context.
12.2. Appropriate link text should always be used in links pointing
to our website.
12.3. Our site must not be framed on any other site or use
any similar technology in relation to the content of the website. We reserve
the right to withdraw linking permission without notice. The website from which
you are linking must comply in all respects with the content standards set out
in these terms.
12.4. If you wish to make any use of material on our site
other than that set out above or to link to us for commercial purposes, please
address your request to customerservice@cleaner.network
12.5. You agree that, should we request the deletion of a link
to our website that is within your control, you will delete the link promptly.
12.6. If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
13. Links from our site
13.1. Where our site contains links to other sites and
resources provided by third parties, these links are provided for your
information only.
13.2. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Limitation of liability
14.1. Under no circumstances, and under no legal theory,
whether in contract, tort (including negligence), strict liability or
otherwise, shall Cleaner Network be liable to you or any other person for any
indirect, incidental, consequential, special, exemplary, or punitive damages of
any kind (including, damages for loss of business, loss of data, loss of
goodwill, or lost profits), or any damages for gross negligence of any kind
(including, damages for work stoppage, or any other commercial damages or
losses) arising from your use or misuse of the Cleaner Network, even if Cleaner
Network knew or should have known of the possibility of such damages. In no
event shall Cleaner Network be liable for any damages in excess of any amount
you have paid to Cleaner Network for provision of services, if any, during the
six /6/ months immediately prior to the time your cause of action arose.
14.2. Notwithstanding the aforementioned limitations of
liability nothing in this agreement shall limit Cleaner Network liability:
14.2.1. for damage from injury to life, body or health due to
negligent breach of duty or intentional or negligent breach of duty by a legal
representative or a person used to perform an obligation of Cleaner Network;
14.2.2 for other damage arising from a grossly negligent
breach of duty by Cleaner Network or intentional or negligent breach of duty by
a legal representative or a person used to perform an obligation of Cleaner Network;
14.2.3. for intentional misconduct;
14.2.4. for damage arising from a negligent breach of an obligation
that is essential for the performance of the contract by Cleaner Network to the
extent that is typical and foreseeable;
14.2.5. for any guarantee given by Cleaner Network to you; and
14.2.6. for any liability under a jurisdiction’s applicable services
liability legislation.
14.3. Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of Cleaner Network shall be limited to the fullest extent permitted by applicable law.
15. Jurisdiction and applicable law
15.1. The Gibraltar courts will have non-exclusive
jurisdiction over any claim arising from, or related to, a visit to our site although
we retain the right to bring proceedings against you for breach of these
conditions in your country of residence or any other relevant country.
15.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Gibraltar.
16. Alternative dispute resolution
16.1. Cleaner Network and you hereby agree to first attempt to
informally negotiate any claim or dispute for at least 30 /thirty/ days.
16.2. You shall notify Cleaner Network of any claims that you
have by sending a notice to:
Legal Department, Cleaner Network, Suite 23, Portland House,
Glacis Road, GX11 1AA, Gibraltar.
16.3. This clause /13/ shall have no effect on any statutory rights to initiate a court proceeding in case of a dispute and shall not suspend any statutory limitation periods applicable to the bringing of a claim.
17. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
18. Partnership
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Cleaner Network, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, as a result of this Agreement and/or your use of the Cleaner Network websites, apps and/or account systems.
19.Assigning
19.1. You hereby acknowledge and agree that Cleaner Network
may assign this Agreement, in whole or in part, to any person or entity at any
time with or without your consent.
19.2. You hereby acknowledge and agree that you may not assign the Agreement without Cleaner Network prior written consent, and any unauthorized assignment by you shall be null and void.
20. Waiver
Cleaner Network mission to enforce any provision of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by Cleaner Network, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21. Severability
21.1. If any provision of this Agreement is held to be invalid
or unenforceable to the maximum extent permissible so as to affect the intent
of the parties, and the remainder of this Agreement shall continue in full force
and effect.
21.2. If any provision cannot be reformed, any such provision shall be deemed severable from the terms of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
22. Headings
The headings in this Agreement shall have no legal effect whatsoever and are provided for informational purposes only.
23. Term
23.1. This Agreement shall be effective as of the date that
you indicated that you accept it, whether explicitly or by using the websites, apps
and/or account systems of Cleaner Network, and shall last as long as you
continue using the websites, apps and/or account systems of Cleaner Network.
23.2You may terminate this agreement by simply ceasing to use
the websites, apps and/or account systems of Cleaner Network.
23.3. You may terminate your account by notifying Cleaner Network at customerservice@cleaner.network.
24. Survivability
Clauses 2.2-2.4 (inclusive), 3, 4, 7, 8, 10, 14-22 (inclusive) shall survive the termination of this Agreement and continue to be in full force.
25. Entire Agreement
25.1. This Agreement represents the complete agreement
between you and Cleaner Network concerning the use of our websites, apps and
account systems, and supersedes any prior or contemporaneous agreements between
you and Cleaner Network
25.2. This clause shall have no effect and shall coexist with the Terms and Conditions of the actual services, and shall coexist and not supersede any other Cleaner Network policies referenced in this Agreement.
26. Your concerns
If you have any concerns about material which appears on our
site, please contact customerservice@cleaner.network.
You hereby acknowledge and agree that you have read, understood,
considered and accept this Agreement, and that by using or accessing the
Cleaner Network website and/or apps, you are agreeing to be bound by the terms
and conditions set forth herein.