Terms and Conditions
1. INTRODUCTION Welcome to Eutopia Cleaning Limited (ECL). Our mission is to connect our customers with trained cleaners (Eutopian’s) in their local area. By using our platform, customers can search for, find and leave reviews for Cleaning in their local area. Customers can also contact the Eutopian’s who have passed our vetting checks and have gone through our on-boarding process (the “Approved cleaners”), 1.1 Who we are 1.1.1 The platform is provided to you by ECL. Our registered office is at [12 Station Road, Brough, HU15 1DY. Our registered number is 04285394. 1.1.2 For the purposes of these, The words “you”, “your” or “user” means you, as a user of the platform, whether you are a customer or a Eutopian. The words “Eutopian’ means any cleaner who uses our platform. 1.1.3 ECL operates the platform to be able to: (a) introduce customers and Approved Eutopian’s– acting as an intermediary in matching customers to opportunities for home cleaning and other services where specified; and (b) allow customers to leave reviews. ECL’s responsibility in offering the platform is strictly limited to its role as operator of the platform. 1.1.4 The platform includes a process through which you may make payment for the services you receive from your Eutopian. The terms on which that service is made available to you is set out in these Terms. The service is provided by a third party payment processor. We are not responsible to you for the performance of the payment processor. 1.1.5 Any personal information that You provide to Us, or which we collect about you, will be dealt with in line with our Privacy Notices, as further detailed in the section entitled ‘Privacy policy’ 1.1.6 These Terms set out the rights and obligations of ECL, its customers, and Eutopian’s in relation to the use of the platform. You should read them carefully and let us know if you have any concerns or questions before proceeding to use the platform. You can contact us by going directly to info@eutopiacleaning.com. Your attention is drawn to Clauses 5.2 and 7 which we set out the basis on which we provide any payment services and important terms which limit or exclude Our liability and responsibility to you in respect of the services. 1.2 How to use our Platform 1.2.1 The platform comprises not only the website we operate at www.eutopiacleaning.com and all other domains that we may own or control from time to time, but also our apps as well as any web or mobile platform we host and the related pages, sub-domains and tools, content, blogs and other information or subject matter contained therein. 1.2.2 The platform should be used in accordance with all terms, conditions, policies and other relevant information and guidance from time to time in force. 1.3 Compliance with terms 1.3.1 Before using the platform, you must read these Terms carefully so that you understand what you can expect from us and what we expect from you. 1.3.2 These Terms will also refer to our privacy policy which are applicable to your use of the platform and are incorporated by reference within these Terms. 1.3.3 If at any time you do not agree or cannot comply with these Terms, you should immediately cease using the platform. 2 NATURE OF USE 2.2 Provision of Platform 2.2.1 The platform is intended for use only by those who can access it from within the United Kingdom. While access may be possible from outside the United Kingdom, the platform is not intended for such use. You may use the platform only for lawful purposes; therefore, you may not use the platform in any way that breaches any applicable local, national, or international law or regulation. 2.2.2 You acknowledge that your agreement with your mobile network and/or internet service provider will apply in respect of your use of data in connection with your use of the platform and that you may be charged by your mobile network and/or internet service provider in respect of such use. You are responsible for such charges. If you are not the bill payer for the device being used to access the platform, you must obtain permission from the bill payer before using the platform. 2.2.3 You acknowledge that your agreement with your mobile network and/or internet service provider will apply in respect of your use of data in connection with your use of the platform and that you may be charged by your mobile network and/or internet service provider in respect of such use. You are responsible for such charges. If you are not the bill payer for the device being used to access the platform, you must obtain permission from the bill payer before using the platform. 2.3 Age Certification The platform is not intended to be used by, or targeted to, anyone under the age of 18 years old. By using the platform, you warrant and accept that you are at least 18 years of age. 2.4 Identity and checks 2.4.1 If you are a customer, you will need to create an account to access certain areas of the platform, particularly in order to manage your ongoing services and leave a review. You should only create one account and this account should be for your personal use only. When you first register for an account within the platform you will be required to verify your account. Once verified you will then be required to include certain personal information certain of which will be visible to others in order to be able to continue to use the functionality of the platform. 2.4.2 If you are a Eutopian, you will need to create an account (including your profile) to access and use the platform and for an Approved Eutopian you will need to apply, be accepted and pass our vetting process. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. 2.4.3 We reserve the right, where necessary and without limitation, to undertake all such necessary action including requiring further verification as to the identity, age, and other relevant details of a user as is reasonable to protect ourselves, the platform and other users against fraudulent or illegal behaviour or where we have reasonable grounds to believe that we may be in actual or possible breach of laws or regulations that apply to us from time to time. 2.4.4 You must provide us with any information we reasonably ask for as soon as possible, and if it is personal information we will use it in line with our Privacy Policy. If you refuse, or we suspect fraudulent or criminal activity of any kind is occurring on or in relation to your account, we reserve the right to suspend or cancel your account, in line with Clause 8.1. 2.5 Security 2.5.1 You are also responsible for ensuring the security of any device from which you sign in to your account. 2.5.2 If you believe that someone has accessed the platform without your authorisation, or is attempting to impersonate you (or, if you are a tradesperson, your business), you should notify us immediately by emailing info@eutopiacleaning.com and make any necessary changes to secure your account credentials. 2.5.3 If we have reason to believe there is likely to be a breach of security or misuse of the platform through your account, we may notify you and require you to take certain actions to resecure your account, or we may suspend and/or deactivate your account. 2.6 Reporting concerns If you believe that any content posted by other users within the platform is in breach of our Policies or any applicable laws, or that your intellectual property rights (including brand misuse) are being infringed by any content contained within the platform, please report your concerns to info@eutopiacleaning.com 3 ACCEPTANCE AND USE 3.1 Use and Matching 3.1.1 Within the platform customers will be able to post a required service to find suitable Eutopian’s within their area. Customers will be required to insert details of the cleaning they require, add any photos to give an understanding of the services required. 3.1.2 The platform will, in certain use cases but excluding the search and quote function, then match customers with a list of Eutopian’s covering their local area who can assist. This list will contain ‘Eutopian’s’ profiles which will show their rating. 3.1.3 Customers will be able to submit messages to Eutopian’s and manage their postings within the platform. 3.1.4 All customer requests are subject to acceptance by the Eutopian. The Approved Eutopian is not obligated to accept any customer request and may, at their discretion, decline for any reason. 3.1.5 If an Eutopian is able to assist, they will then be able to contact the customer within the platform and confirm details. Where a customer wishes to accept the quote, they can then select their availability and finalise the arrangement. 3.1.6 Any engagement (including appointment arrangement, quotes, and receipt of invoices for materials or services) between a customer and a Eutopian is solely between the customer and the Eutopian, therefore we always recommend having a clear agreement in writing clearly setting out the scope of works and the agreed costs. 3.1.7 You will also be able to use the in-platform messaging service to keep all your communications safely in one place and allow for completeness and easy access. Within the platform you will be able to communicate with Eutopian’s. You may only communicate within the platform for lawful purposes. 3.1.8 Any quote or pricing displayed to a customer on the platform is offered by ECL. Any agreement reached between a customer and a ECL is based on this or any other pricing structure is a contract between that customer and ECL. 3.1.10 In the event that a dispute arises between a customer and a Eutopian, you (whether you are the customer or Eutopian) agree to irrevocably release ECL’s employees, officers, successors and agents from any and all losses, damages, claims or demands of any nature arising directly, indirectly, or in any way out of matters related to such a dispute, other than in relation to a breach of these Terms by us. 3.2 Engagement 3.2.1 Within certain parts of the platform, you may choose to or be invited to submit, upload, or share, text, photographs, images, videos, reviews, information, and materials (collectively, “Your Content”). 3.2.2 You are responsible for all of Your Content which must be accurate, true, up to date, genuine and not misleading, relevant and appropriate and comply with our terms (including these Terms) and all applicable laws in the UK and in any country from which the content is posted or viewed. 3.2.3 We try to mitigate and effectively manage the risk of harm caused by different categories of illegal/harmful content. Due to this, we reserve the right to monitor and review 3.2.4 We reserve the right to suspend or terminate your account or remove or edit any of Your Content if you are in breach of applicable laws, these Terms or any of our other applicable terms and conditions, guidelines, or policies. 3.2.5 You acknowledge and accept by your continued use of the platform that, unless we state otherwise, any content within the platform has not been verified or approved by us. 3.2.6 We reserve the right, acting reasonably, to disclose your identity to any third party who is claiming that Your Content infringes their intellectual property rights or their right to privacy. We shall not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other user of the platform. 3.2.7 We make no guarantee that Your Content will be kept on the platform for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or the removal is otherwise desirable for our business or operational reasons. 3.2.8 We reserve the right to edit Your Content to amend spelling, grammar, punctuation and length, for the purposes of clarity and to ensure that the content can comply with the Terms. 3.2.9 For the avoidance of any doubt, any content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content, and we shall not be liable for any claims or losses arising from such content. 3.2.10 If you wish to request us to stop using any of Your Content at any time, you can contact us at info@eutopiacleaning.com 4 SERVICES 4.1 Connecting Customers and Eutopian’s 4.1.1 We provide the platform to facilitate communication between customers and Approved Eutopian’s. 4.1.2 As a customer, if you choose to use a service from ECL on the platform, your contract for those services is with ECL. 4.1.3 When receiving a quote on the platform, customers are free to accept or decline it. 4.1.4 To the extent legally permitted, ECL is not liable for any theft or loss of property in connection with services provided by The Eutopian’s, any loss, damage expenses or liabilities suffered by any party in connection with the use of the platform, any loss which is a result of error, circumstances outside of our control or any other loss, cost, damage or liability incurred in connection whether directly or indirectly from the use of Eutopian’s sourced via the platform. 4.2 Profile 4.2.1 Whilst every effort is made to verify statements and information submitted by the public and users, the information compiled by ECL on Eutopian’s is based on information supplied by various individuals. ECL cannot be held responsible for any omissions or inaccurate claims that may appear. 4.2.2 ECL recommendations from the public and users in relation to tradespeople and its Eutopian’s and the services they provide takes steps to verify the credentials and of Eutopian’s (“Vetting”) and collects and collates feedback from customers by means of feedback (“Monitoring”). 4.3 Vetting 4.3.1 During the Vetting process, all our Eutopian’s have the right to work in the UK, have completed an appropriate training programme and have been approved my ECL. 4.4 Reviews by customers 4.4.1 As a customer, you may provide reviews within the platform in respect of services provided by a Eutopian. In doing so, you will ensure that your review is not misleading, offensive, violates any law, infringes on the rights of others. 4.4.2 The review must be regarding your own personal experience, which you have not been paid for or otherwise incentivised for providing. You must not provide reviews that are of a marketing nature and/or use our platform for marketing purposes in relation to yourself, or any products, services and/or other businesses. 4.4.3 Your review must not contain any personal information relating to any other third party. 4.4.4 You must not submit, write, or be involved in the procurement of fake reviews, that don’t genuinely reflect your experience with your tradesperson or that are for the purpose of manipulating consumer perception or negatively targeting a particular business or service. Any such behaviour will result in an immediate suspension of your account. 4.4.5 We will perform a number of checks on the reviews given within the platform, to ensure they are authentic, and we reserve the right to screen, edit or remove any reviews from the platform at any time. 4.4.6 If we remove your review, we will have no liability to you for any deletion, disclosure, loss, or modification of the review. 4.4.7 You acknowledge that we may share the review and certain limited details with selected third parties in accordance with applicable law and/or as contained within our privacy policy. 4.5 Competitions and Offers In the event that offers or competitions are made available through the platform, then they will be governed by their respective advertised terms and conditions unless otherwise expressly stated. 5 QUOTING AND INVOICING 5.1 Quotes 5.1.1 ECL will create a quote or quotes in response to criteria posted by a customer using certain functionality of the platform. The quote can be exported to a PDF, or (i) via the in-platform messaging service or (ii) via email containing a link to the PDF within the platform. Should a quote not be received as expected customers should contact info@eutopiacleaning.com 5.1.2 The quote is prepared at the discretion of ECL and will usually contain certain customer details and a breakdown of the scope of work and related pricing. The customer is solely responsible for accepting, declining, requesting an edit or asking any further questions to the ECL 5.1.6 The contents of the quote and any subsequent interactions relating to the quote or pricing displayed within the quote are between the customer and ECL 5.2 Invoicing, Amounts Payable and Payment Service Provider 5.2.1 Once a quote has been accepted, the customer will pay a £5 deposit. The outstanding amount will then then be transferred to 24 hours after the service has been completed. 5.2.2 Our "Payments Processing Service" is the service we make available through a payments service provider on an "As Is" and "As Available" basis to the ECL to enable us to receive payment through an approved electronic payment service provider. 5.2.3 When you use our Payments Processing Service, we will be responsible for ensuring that any request for payment shall set out all amounts payable by you in relation to the service carried out by them. 5.2.5 If you have any dispute relating to a payment made through our Payment Processing Services, please refer to Clause 9.10 (below) of these Terms. 5.2.6 We may withdraw the Payments Processing Service at any time in our discretion. 5.3 Tax 5.3.1 The ECL will be responsible for calculating how much VAT will be payable on any services included in the invoice and where VAT is payable. 5.3.2 For the purposes of any value-added taxation arrangements for the supply of services, which shall solely be as between the ECL and the customer. 5.3.3 The customer is solely liable for the payment of any VAT stated on the accepted invoice. 6 PLATFORM CONTENT 6.1 Intellectual Property 6.1.1 Any and all rights contained within the platform and its content, including but not limited to, the platform’s design, text, graphics, images, logos, digital downloads, audio, video, data, software, and source codes connected with the platform shall remain our exclusive property. 6.1.2 In accessing the platform, you are granted a personal, revocable, non-exclusive, non-transferable licence to use the platform solely for your personal and (if you are a customer) non-commercial use, in line with these Terms. 6.1.3 All trademarks, service marks, logos and all graphical elements of the platform, whether registered or unregistered, are distinctive and protected trademarks of us and/or our licensors. The platform may also contain various third-party trademarks, that are the property of their respective owner. Nothing within these Terms grants you a licence or right to use any of these trademarks without our or the respective third-party permission. 6.1.4 You retain all of your ownership rights, including intellectual property rights, in Your Content. By uploading Your Content to the platform, you represent and warrant that you are the owner or licensor of Your Content, that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by uploading it. You grant us (and our authorised third parties) a worldwide, perpetual, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the platform across different media outlets (including to operate, improve and promote the platform and/or our services), without any payment to you. 6.1.5 To the fullest extent permitted under applicable law, you waive your moral rights in Your Content and promise not to assert such rights or any other intellectual property rights you have in Your Content against us, our sublicensees or our assignees. 6.1.6 In the event that you use any of the intellectual property owned by ECL other than as expressly permitted by us, we may suspend or terminate your account. We reserve all rights to take any legal action we consider appropriate against you. 6.2 Copyright 6.2.1 We own all rights in and to the platform, and your use of the platform is subject to the following restrictions. You must not: copy the platform except where such copying is incidental to normal use of the platform, or where it is necessary for the purpose of back-up or operational security; sub-licence or otherwise make available the platform in whole or in part (including object and source code), in any form to any person without our prior written consent; reproduce, modify, edit, or exploit the platform in any way for any commercial purpose, without our prior written consent; or disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the platform or attempt to do any such thing. 6.3 Third Party Links 6.3.1 The platform (and emails that we send to you in connection with the platform) may include links to third party websites, applications and/or other digital properties that are controlled and maintained by third parties. 6.3.2 If you decide to visit any third-party sites, assets or offerings or use a service made available through third party sites, assets, or offerings, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. It is therefore your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer. 6.3.3 We are not responsible for the content, accuracy or opinions expressed on third party sites, assets, or offerings. 6.3.4 Links that we make available do not imply that we are, or the platform is, affiliated to or associated with such websites or services and we will not be a party to any transaction between you and a third party. 6.3.5 Your interaction with any third-party sites, assets or offerings is subject to the relevant third party’s own terms and policies. In particular, third parties will process your personal information in accordance with their own privacy notices. Please read all applicable terms and policies of the relevant third party before using third party properties and/or using a service made available through third party sites, assets, or offerings. 7 LIABILITY 7.1 Compensation You agree to defend, compensate and hold us and our employees and agents harmless from and against, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs or expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us arising out of or in connection with any breach by you of these Terms, your improper use of the platform or your breach of any applicable law or the rights of a third party. We reserve the right to handle our legal defence however we see fit, even if you are compensating us, in which case you agree to cooperate with us so we can execute our legal strategy. 7.2 Breach 7.2.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the platform, we may take one or more of the following actions: issue a warning to you; effect a suspension or termination of your access to your account and/or the platform as set out in Clause 8.1; take legal action against you; or disclose such information to law enforcement authorities as we reasonably feel is necessary. 7.3 Limitation 7.3.1 Whilst we make reasonable efforts to ensure that all information we provide is accurate and to otherwise provide the platform with reasonable care and skill, we make no commitment that the platform will meet your requirements, that the content will be accurate or reliable, that the functionality of the platform will be uninterrupted or error-free, that defects will be corrected or that the platform or the server that makes it available are free of viruses or anything else that may be harmful or destructive. 7.3.2 Subject to Clause 7.4.2, we will not be liable to you for any loss or damage whatsoever suffered or incurred by you (even if such loss is foreseeable) in relation to your use or inability to use the platform, any inaccuracies or delays on the platform or any reliance by you on the content contained on the platform unless any such loss or damage is caused by our material breach of these Terms or otherwise by our negligent acts or omissions. 7.3.3 If you are a tradesperson, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits or revenue) arising out of or in connection with the use of the platform. 7.4 Exclusions 7.4.1 If you are a customer, you have certain legal rights when using the platform. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms affects these rights. 7.4.2 We do not exclude our liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability in respect of which it would be unlawful for us to limit or exclude our liability. 8 ACCOUNT 8.1 Our rights of Termination and Suspension 8.1.1 You understand and agree that we have no obligation to continue to provide the platform and therefore we reserve the right to vary or terminate all or part of the platform (including services available through the platform) and/or not to provide all or part of the platform to anyone for any reason and/or for a period of time at our discretion. 8.1.2 We may also terminate or suspend your account or terminate your right to use and access the platform, at our discretion and at any point, if you breach or threaten to breach these Terms. 8.1.3 We may terminate accounts that have been inactive or any unverified/unconfirmed accounts where that inactivity/unverified status exists for 1 year or more. 8.1.4 In the event of us terminating or suspending your account we shall have no liability towards you or any third party. 8.1.5 Upon termination any rights that have been granted to you under these Terms shall immediately terminate and any of our rights or remedies that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected or prejudiced. 8.2 Your rights of Cancellation and Deletion 8.2.1 If you are a customer, you can stop using the platform at any time, and you can also delete your account any time by using the “Delete your Account” function in the account section of the app or the website. If you use this function your account will be deleted immediately. Certain account information will be retained in line with our ECL privacy policy. Once your account is deleted, it cannot be recovered. 8.2.2 If you wish to obtain a copy of your account data prior to deletion, please request access to your data by emailing info@eutopiacleaning.com 9 MISCELLANEOUS 9.1 Notice 9.1.1 We may amend these Terms from time to time, to reflect changes within the platform, including but not limited to, our technology, licensing arrangements, payment policies, best practices, relevant laws and/or regulatory requirements. 9.1.2 We will provide notice to you if we are making any material changes to these Terms (for example, any changes that significantly impact the way that you receive the services via the platform), unless such material changes are urgently required to meet a legal or regulatory requirement or for security reasons. 9.1.3 We may also update the platform from time to time and may change the content and functionality at any time where we deem it necessary to do so, without providing notice to you (for example: to reflect changes to our services, business needs or the needs of platform users). 9.2 Method Our updated Terms will be displayed within the platform, and we may provide notice to you via email. If you continue to use the platform, we shall assume that you have accepted any changes that we have made to these Terms. If you do not agree to the changes, you should stop using the platform and delete your account. 9.3 Force Majeure Sometimes things happen that are outside of our control such as acts of God, pandemics, strikes, technical failures or supply failures. Due to these things outside of our control, our performance under these Terms may be suspended for the period of time over which the event occurs. During this period, we will not be liable to you for any delay or failure in performance of any of our obligations within these Terms arising out of these circumstances or events. We will, of course, try to find a solution to help us to perform these Terms and take any reasonable preventive steps wherever possible. 9.4 Third Party Rights No one other than us or you has any right to enforce any of these Terms. 9.5 Waiver If we fail at any time to insist on strict performance of any of your obligations or if we fail to exercise any right or remedy under these Terms, this does not constitute a waiver of our rights or remedies and does not relieve you from compliance with your obligations under these Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. 9.6 No reliance You confirm that you did not enter into these Terms in reliance of any representation made by us other than those which are expressly set out in these Terms. 9.7 Assignment We may assign any of our rights and transfer, delegate, or subcontract any of our obligations under the Terms. We will provide notice to you if this occurs, and you can stop using the platform and delete your account if you are unhappy with such transfer. 9.8 Jurisdiction These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) (a “Claim”) shall be governed by, and construed in accordance with, the laws of England and Wales. 9.9 Disputes If a dispute arises between you and us, we encourage you to first contact us directly, as set out in Clause 10 of these Terms, to seek a resolution. 10 Contact Us and FAQ You may find answers to your questions in our FAQ section. If you wish to contact us directly regarding these Terms, a complaint, the platform or any other matter please refer to the contact details within our support and customer service section. 11 Feedback We appreciate any feedback, ideas, and suggestions from you about the platform and/or our services, and you can leave feedback for us via any of: info@eutopiacleaning.com If you provide us with feedback, you agree that we can use, quote and/or refer to that feedback and/or content at our discretion.