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Terms And Conditions

GLEAMOO TERMS OF USE

https://www.gleamoo.com.au


These Terms of Use (“Terms”) apply to all Users of the Gleamoo Platform (“Platform”), which is available at https://www.gleamoo.com.au. The Platform is owned and operated by GLEAMOO PTY LTD.

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our Platform and Services, You agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Platform from time to time. 

 

If you do not accept these Terms, you will be unable to create an account on our Platform. 


 

DEFINITIONS

“Australian Consumer Law” or “ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

 

“Car” means any relevant car or other vehicle which a Customer seeks to have washed via the Platform. 

 

“Content” means any and all material, links, words and images the User submits or links to the Platform. 

 

“Customer” means a User of this Platform who orders Services via the Platform

 

“Delivery” means any Services which have been paid for by a Customer and delivered to the Customer by a Gleamer.

 

“Gleamer” means a User of this Platform who lists Services for hire on this Platform.

 

“Gleamer Fee” means the fee paid by a Customer to receive Services via the Platform.

 

“Gleamer Earnings” means the earnings paid to the Gleamer who has provided the Services. 

 

“Gleamoo Charges” means the charges payable by Users to Gleamoo, subject to these Terms.  

 

"GST" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.

"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).


 

“Platform”, “the Platform”, “this Platform” and “our Platform” means the Gleamoo Platform, which is available at https://www.gleamoo.com.au.

 

“Services” means any services provided to Customers by Gleamers via the Platform.

 

“User”, and “you” means any user of this Platform, including Gleamers and Customers. You can be both a Gleamer in relation to some Services and a Customer in relation to some other Services.

 

“We”, “our”, “us” and “Gleamoo” means GLEAMOO PTY LTD.


 

HOW IT WORKS

Gleamoo is a technology platform that allows Users to coordinate and schedule the provision of the Services and to facilitate payment for those Services. 

 

Gleamers provide Services via the Gleamoo Platform, and operate as independent third party service providers. 

 

Customers can order and pay for Services via the Platform, and by doing so they can have car washing Services brought to their doorsteps. 

 

Gleamers can register an account on the Platform. Once registered, Gleamers will receive job requests via the Platform. If a Gleamer wishes to perform a job, they can click to “accept” it.

 

Gleamer Fees are paid by Customers for any Services that they choose to hire. Payments are handled by Stripe or another third-party payment provider. Gleamer Fees are held in escrow until the Services have been provided. All applicable Gleamoo Charges are deducted from the Gleamer Fee before the balance (which amounts to the Gleamer Earnings) is released to the Gleamer. 

 

When you register an account or make a payment, you may be required to agree to the terms and conditions of the relevant third-party payment processor.  


 

ROLE OF GLEAMOO

We are acting as a neutral facilitator only, by providing an information and classified service that brings together Gleamers and Customers. We are not a party to any transaction for the hire of Services between any Gleamers and Customers that may originate on or through this Platform. 

 

We do not and cannot verify the information that Gleamers supply nor can we guarantee the Services that they offer. We are not involved in, are not responsible for and we assume no liability in respect of any Gleamers, quotes, information supplied, prices, contracts or anything related to Services between Gleamers and Customers. 

 

We do not and cannot verify whether Gleamers hold relevant licenses, certifications, permits, or qualifications (“Qualifications”) that may be required for the Services that they offer in their local area. It is up to the Customer to check for any Qualifications before making a booking with any Gleamer.

 

We urge you to make your own enquiries about any User before engaging with that party and we urge you to do your own due diligence to verify all Users, information, Qualifications, Services independently.


 

ACCOUNTS

It is free to become a User on our Platform.

 

To be a Gleamer or a Customer you must register for and set up an account on our Platform. You must first fill in your registration details that are required in the online form to gain access.

 

If you are registering as a Gleamer, you must verify your identification via Stripe and provide a police check.

 

You agree to ensure that your registration details are, and any Content you provide is, accurate and up-to-date. 


 

PAYMENTS, GLEAMOO CHARGES AND GLEAMER EARNINGS

Customers are required to pay the Gleamoo Charges, in order to request Services via the Platform.

 

As a Customer, you agree to pay any applicable Gleamoo Charges incurred via your Gleamoo account. 

 

The Gleamoo Charges may change from time to time but up-to-date rates will be displayed on our Platform at the time that Customers order Services. 

 

The Gleamoo Charges will be deducted from the Gleamer Fee, before the Gleamer Earnings are paid to the Gleamer.

 

There will be no refunds or credits for Gleamer Fees, Gleamoo Charges, or any other fees that you incur as a result of using this Platform, except as provided by the Australian Consumer Law or any other applicable laws. 

 

As a Gleamer, you will be entitled to receive the Gleamer Earnings for any Services that you provide, subject to these Terms. 

 

Applicable Gleamer Earnings will be communicated to you when you receive a job request. By accepting a job request, you agree to provide the Services in return for the Gleamer Earnings. 

 

As a Gleamer, you understand and agree that you are responsible for paying any applicable taxes out of your Gleamer Earnings. 


 

USER CONTENT

When you submit any Content to the Platform, you represent that you have the ownership rights and title to this Content, or have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights. 

 

We may, but are not obligated to, remove any Content at any time that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or which violates a third party’s intellectual property or these Terms.

 

By using this Platform, you authorize us on a non-exclusive, royalty-free basis to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to this Platform.


 

CANCELLATION OF BOOKINGS

It is a core concept of our Platform that both parties should be able to cancel at any time (prior to the scheduled booking time). However, depending on when you cancel, penalties may apply. Please refer to our cancellation policy for further information. 

 

Any cancellations of bookings for Services must be initiated before the scheduled booking time. 

 

To ensure that the Gleamer is notified of any cancellations, cancellations can only be confirmed by the Gleamer. If a Customer wishes to cancel a booking, they may do so via the Platform. 

 

Gleamers must agree to any cancellation request which has been submitted by a Customer before the scheduled booking time. 

 

Once we receive notification that a booking has been canceled, we will initiate a refund of the Gleamer Fee.

 

If a Customer does not request a cancellation prior to the scheduled booking time, we will not be able to initiate a refund.

 

In the event of any dispute or disagreement regarding a cancellation, you may notify us using the dispute form which is available on our Platform. 


 

NO SHOW

If a Customer does not show up to the relevant location at the time of the booking, no refunds are available. 

 

If a Gleamer does not show up to the relevant location at the time of the booking, the Customer must notify us within 24 hours in order to facilitate a refund.


 

CANCELLATION OF ACCOUNT

TO CANCEL YOUR ACCOUNT: You are able to cancel your account at any time by contacting us.

 

When you cancel your account, you must still pay any outstanding fees. You are responsible for all costs, fees, outstanding Gleamer Fees owed to any other User or any outstanding Gleamoo Charges. You agree to fully indemnify us for any amounts outstanding owed by you to any other User or third party.

 

On cancellation of your account, all of your Content, material and links may be deleted from view on the Platform.

 

WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your account and account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms, including a failure to pay outstanding fees. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

 

If we have reasonable grounds to suspect the information you provide on this Platform is untrue, inaccurate or incomplete, or that you have breached any Terms, if your content is offensive, if we receive numerous complaints from Customers or third parties, or for any other reason including if, in our opinion, you have breached the purpose of our Platform, at our sole discretion we have the right to immediately terminate your account. We may also deny the use of our Platform and services to you in the future and are not obligated to return any fees in the event of any breach.

 

When you enter into a rental agreement with another User, you create a legally binding contract with that User. If you fail to comply with your obligations under that agreement, or complaints are received about you from other Users, we may terminate your account and account without notice. 

 

Upon such termination, regardless of the reasons, your right to use this Platform immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files, including any active listings. We may also bar you from any further access to our Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

We are not required to provide any refund or part thereof to you for such termination of your membership.


 

GLEAMERS ARE CONTRACTORS

 

The parties hereby agree that Gleamers are engaged as independent contractors and not as employees of Gleamoo. As such, Gleamers are not entitled to employee benefits, including but not limited to paid leave, superannuation contributions, or guaranteed hours of work. 

 

Gleamers are solely responsible for managing and paying their own taxes, insurance, and any other statutory or regulatory obligations applicable to them as independent contractors under Australian law. 

 

This independent contractor status also implies that Gleamers are responsible for their own operational expenses and financial arrangements related to providing Services through the Gleamoo platform.


 

GENERAL USER AGREEMENT

 

AGREEMENT FOR GLEAMERS

To be eligible to receive job requests on this Platform and to operate as a Gleamer, you agree to the following:

 

You warrant that:
 

  • Any information that you provide to us, submit to the Platform or provide to any other Users is genuine, true and accurate, including (but not limited to) the details of any licenses, certifications, permits, qualifications or safety requirements that apply to the Services you are offering;

 

  • You hold any and all necessary licenses, certifications, permits or qualifications as required by law for the Services that you are providing;
     

  • You will keep your information updated, and you will ensure that any Content or other information you submit complies with applicable laws, codes and regulations; 

 

  • All material and Content you link to from our Platform is accurate, reliable, up-to-date, lawful, and not misleading; 

 

  • You will abide by any applicable laws and regulations including but not limited to:

 

  • The road rules in the state or territory where you are providing the Services;

  • Any applicable parking rules and/or signs;

  • The Australian Consumer Law including but not limited to any obligations contained therein in relation to the re-supply or refund of any goods or services you supply;

  • All applicable Australian taxation laws.

 

You acknowledge and agree:

 

  • We are a facilitator only for the purposes of permitting Gleamers to respond to job requests via our Platform but we do not guarantee any bookings, business, increase in revenue or otherwise; 

 

  • You use our Platform and provide the Services at your own risk and we are not liable for any damage, injury or death caused by your use of the Platform or provision of the Services or your interaction with any other User;

 

  • You will at all times keep us updated on any change to address or details of your Gleamer listing to enable us to update any location and the Platform;

 

  • You will pay any Gleamoo Charges or third party fees or charges as communicated to you when you accept a job request;

 

  • You must agree to any cancellation request submitted by a Customer before the scheduled booking date;

 

  • In the event that a Customer cancels a booking before the scheduled booking date, they will be entitled to a full refund of the Gleamer Fee;

 

  • We display all Gleamer listings in the same manner, on the same basis and do not promote or recommend any one Gleamer over any other, subject to the options available to Gleamers to subscribe to enhancements to listings for a fee or as a result of some other promotion which we determine at our sole discretion; 

 

  • Any Services you provide through the Platform is a transaction directly between you and the Customer, and is your contractual relationship with the Customer. Any disputes, issues, dealings, complaints are to be dealt with directly with the Customer and we are not to be involved;

 

  • You are responsible for ensuring that by offering Services, you comply with applicable laws, codes and regulations, including any specific requirements with respect to the supply of all Services and Australian taxation laws;

 

  • You must hold any insurance as required by law for the Services that you provide on the Platform, and you are strongly encouraged to obtain relevant insurance including but not limited to third party liability insurance, even if not required to do so by law;

 

  • You indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of your breach of these Terms, any errors or inaccuracies in your advertisements, or any disputes with Customers, any third party liabilities or any other issues that result from your use of the Platform;

 

  • Your provision of the Services must comply with these Terms and any specifications or requirements we may separately provide to you from time to time; 

 

  • When you work as a Gleamer, you are a contractor and not an employee. The Gleamer Earnings that you receive for performing the Services are the sole benefit that you will receive for the Services. You are not entitled to any paid leave, superannuation, or other employment benefits because you are not an employee;

 

  • You are solely responsible for providing, at your own cost, all materials, tools and supplies to enable you to provide the Services including but not limited to soaps, waxes, polishes, sponges, buckets, brushes, rags, hoses and other car detailing products. 

 

  • You are solely responsible for the payment of all applicable taxes arising from your Gleamer Earnings, in accordance with Australian taxation laws. 


 

AGREEMENT FOR CUSTOMERS

To be eligible to order Services on this Platform, you agree to the following:

 

You warrant that:

 

  • You are the lawful owner of any relevant Car or you have the lawful authority from the Car’s owner to have the Services performed on the Car by the Gleamer;

 

  • You will keep your information updated and will ensure that any Content you provide complies with applicable laws, codes and regulations;

 

  • You will at all times abide by the terms of any Gleamers with which you deal; and

 

  • You will manage and take over any claim by any Gleamer or third party that may arise as a direct or indirect result of your use of our services and this Platform.

 

You acknowledge and agree:

 

  • We are a facilitator only for the purposes of permitting Customers to request Services from Gleamers on our Platform;

 

  • We do not review the skills or qualifications of Gleamers on this Platform and do not guarantee the accuracy of any listings, or the availability, quality, safety, suitability or otherwise of the Services;

 

  • Your use of the Platform and the Services is at your own risk and we are not liable for any damage, injury or death caused by your use of the Platform or the Services or your interaction with any other User;

 

  • You must agree to any cancellation request submitted by a Gleamer before the scheduled booking date;

 

  • You are responsible for ensuring that your use of the Services complies with applicable laws, codes and regulations, including occupational safety and health laws;

 

  • You must hold any insurance as required by law for the Services that you order via the Platform, and you are strongly encouraged to obtain relevant insurance including but not limited to comprehensive car insurance and third party liability insurance, even if not required to do so by law;

 

  • You indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of your breach of these Terms, or any disputes with Gleamers, any third party liabilities or any other issues that result from your use of the Platform.


 

AGREEMENT FOR ALL USERS

As a User, whether a Gleamer or a Customer, you agree to the following:

 

You warrant that:

 

  • You are 18 years of age or older and able to form a legal binding contract; and

 

  • All information  you communicate via the Platform (including information contained in any messages with other Users) is genuine, true and accurate.

 

You acknowledge and agree:

 

  • We are not responsible for, nor affiliated with any particular User. Our relationship to Users is solely one of providing the Platform to allow Customers to request Services, and Gleamers to respond to job requests. We are not a party to the the transaction or agreement between the Gleamer and Customer;

 

  • Aside from requiring police checks from Gleamers, we do not undertake background checks of other Users;

 

  • It is your responsibility to exercise due diligence and ensure your own safety when interacting with any other Users;

 

  • We are not your agent for any purpose in relation to your use of this Platform;

 

  • This Platform uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; 

 

  • We make no warranty that the Platform and Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Platform is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Platform becomes unavailable for any lengthy and unusual time period; 

 

  • The Platform may not show up to date information regarding the availability of any Services, and we shall not be liable for any inaccuracies regarding the availability of any Services;

 

  • You will not transmit any viruses, malware, worms or other malicious software of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Platform; 

 

  • By using the Platform, you authorize us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Platform, or our business;

  • Any failure by us to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision; 

  • No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever;

  • You will not use our Platform for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;

  • You will ensure that any Content you submit to the Platform complies with all applicable laws, codes and regulations and all content you link to from our Platform is accurate, reliable, up-to-date, lawful, and not misleading; 

  • You will report any unauthorized or improper activity by another User, including their failure to comply with these Terms, by contacting us using the details at the end of these Terms; and

 

  • We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.


 

GENERAL USER OBLIGATIONS

All Users, whether Gleamers or Customers, are responsible for ensuring that the Services are performed in a manner that minimizes the impact on people, property and the environment. As a User, you agree to be bound by the following guidelines:

 

  • Traffic Awareness: You must always remain vigilant of surrounding traffic conditions to avoid accidents or disruptions.

 

  • Safe Service Location: Ensure that the Services are performed in a location that is safe for all Users, third parties, the Car and any other property. 

 

  • Risk and Damage Prevention: Take all necessary precautions to prevent any risk or damage to the Car, any Users, any third parties, or any other property.

 

  • Non-interference: Services must be conducted in a manner that does not interrupt traffic flow, disturb neighboring businesses, or infringe on the operations of local entities.

 

  • Respect for Property: Do not park or conduct Services on private property without express permission from the property owner.


 

RISK MANAGEMENT

Acknowledgement of Risks: All Users, whether Gleamers or Customers, acknowledge that engaging in mobile car wash services through the Gleamoo platform involves inherent risks. These risks include, but are not limited to, exposure to water and electricity, traffic-related hazards, chemical safety concerns, slip and fall hazards, environmental impacts, personal health risks, equipment safety, potential for property damage, theft or loss, and the risks associated with interacting with other Users. By agreeing to these Terms, Users recognise these risks and the necessity of adhering to safety protocols and guidelines.

 

Users accept full responsibility for managing the aforementioned risks as well as any other risks associated with their use of the Gleamoo Platform. This responsibility extends to:

 

  • Safety in User Interactions: Users should exercise caution and follow best practices for personal safety when meeting with other Users. This includes choosing public, well-lit locations for any necessary face-to-face interactions, and avoiding private or secluded areas. Users are encouraged to remain mindful of their personal safety and the security of their possessions at all times.

 

  • Personal Property Responsibility: Users are advised to secure their personal belongings and not leave valuables or sensitive items within their Cars during the Service. Gleamoo cannot be held responsible for the loss, theft, or damage of any personal property left unattended in Cars. Users are encouraged to take all necessary precautions to protect their personal items prior to Service commencement.

 

  • Car Theft Responsibility: Users are solely responsible for taking all necessary precautions to prevent theft of their Car during the provision of Services. This includes ensuring that Cars are securely locked and/or parked in a secure location, keys are stored securely, and that any anti-theft devices are activated prior to and following Service completion. Gleamoo cannot be held liable for any theft or damage resulting from the User's failure to secure their Car appropriately.

 

  • Environmental and Operational Safety: Including precautions related to water and electricity use, vigilance regarding traffic and environmental conditions, correct handling and disposal of chemicals, and the maintenance of equipment in a safe and operational state.

 

  • Personal Health and Safety: Taking steps to prevent overexertion, heat-related illnesses, and ensuring that all activities are conducted in a manner that minimizes the risk of slips, trips, and falls.

 

  • Electrical Safety: Exercising caution and employing safety measures when dealing with water and electricity to avoid accidents.

 

  • Traffic Safety: Remaining vigilant of traffic conditions and ensuring a safe environment for car wash services.

 

  • Chemical Safety: Proper handling, storage, and disposal of cleaning chemicals to prevent health issues and environmental damage.

 

  • Slips, trips and falls: Taking precautions to avoid slips, falls, and other physical injuries during the service process.

 

  • Equipment Safety: Ensuring all equipment used is safe and in proper working condition.

 

  • Obstruction and nuisance: Avoiding obstruction, inconvenience to the public, and damage to people or property.


 

ACKNOWLEDGEMENT OF RESPONSIBILITY

By using the Gleamoo platform, Users acknowledge their responsibility to manage these risks effectively and confirm their understanding that failure to do so may result in harm or loss for which Gleamoo, its affiliates, or other Users may not be held liable. Users commit to engaging in practices that ensure their own safety, the safety of others, and the protection of property while also respecting the safety and well-being of other Users they interact with through the platform.


 

MODIFICATION OF PLATFORM AND CONTENT

We reserve the right at any time to remove, delete, alter or amend any Content or the Platform. In particular, if we believe the Content to be inappropriate, potentially breach regulations, if we receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification or any loss or damage arising from a modification. 


 

LIABILITY, INDEMNITY AND DISCLAIMER

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage or injury which may result from any advertisement on our Platform, including the provision of any Services advertised on this Platform. 

 

You fully indemnify us for any costs, damages, injuries or claims arising from your advertising, supply, use of the Services, or any fault in the Services.

 

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on the Platform.

 

In addition, you agree to fully indemnify us for any and all claims by other Users or any third party which may result from any Content or links on this Platform or any arrangement for Services that you enter into with another User. We are not responsible for your Content, Services or for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content, Services or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from a User whether direct or indirect.

 

Our liability is governed by the ACL, including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.

 

Our liability to you will not exceed the amount actually paid by You to us in the preceding 3 month period.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

No agency, partnership, joint venture, or employment is created as a result of these Terms, and You do not have any authority of any kind to bind us in any respect whatsoever.

 

We shall not be held liable for any theft, loss, or damage to personal belongings or Cars while using our Services.

 

Customers are advised to remove all valuables and personal items from their Cars prior to the commencement of the Services. While we take utmost care and diligence in providing our services and the Platform, Customers acknowledge and accept that they are responsible for securing their belongings, and we shall not be held responsible for any incidents that may occur during or after the Services.

 

 

DISPUTES BETWEEN USERS

In the event of a dispute arising between a Gleamer and a Customer in relation to the Services provided, both parties agree to seek resolution independently and without the involvement of Gleamoo. Gleamoo shall not be held responsible for resolving such disputes and is expressly relieved from any claims, liabilities, or involvement in the dispute resolution process. Gleamers and Customers are encouraged to communicate directly to resolve their issues amicably. If a resolution cannot be reached through direct negotiation, the parties may consider seeking mediation or other forms of alternative dispute resolution at their own discretion and expense. Gleamoo remains committed to providing a platform for service but does not partake in disputes concerning individual service encounters between Gleamers and Customers.

 

If you have a dispute with another User, you release us (and our officers, directors, agents, subsidiaries, contractors and employees) from any claims, demands and damages, including but not limited to actual and consequential damages of every kind, known and unknown, arising out of or in any way related to such disputes.

 

In the event that you need to contact us in relation to a dispute or disagreement with another User, you may notify us using the dispute form which is available on our Platform. We may, in some instances, determine, in our sole discretion, to ban or block another User. We are not to be involved in nor will we determine any dispute at any time.

 

 

DISPUTES WITH GLEAMOO

If you have a dispute to raise with Gleamoo, or in relation to these Terms or the services provided by Gleamoo, you may not commence any tribunal or court proceedings in relation to the dispute, except where urgent interlocutory relief is sought, unless the following procedures have been complied with.

 

  • Initial Notification: Any User who identifies a dispute (“Dispute”) with Gleamoo must first notify Gleamoo in writing, detailing the nature of the Dispute, the desired outcome, and the action required to settle the Dispute. This notification can be made using the contact details provided at the end of these Terms or via the dispute resolution form available on the Gleamoo platform.

 

  • Mediation: Upon receipt of such notification, both Gleamoo and the User must endeavor in good faith to resolve the Dispute amicably. If the Dispute cannot be resolved through direct discussions within 30 days of the initial notification, either party may propose that the Dispute move to mediation. 

 

  • If mediation is agreed upon: Both parties agree to participate in the mediation process facilitated by an independent professional mediator agreed upon by both parties. The costs of mediation shall be shared equally between Gleamoo and the User, unless otherwise agreed.

 

  • Litigation: Only if the Dispute cannot be resolved through mediation may the aggrieved party commence formal legal proceedings. 

 

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Gleamoo.

 

All other trademarks or service marks within this Platform are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any advertising that appears on our Platform.

 

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this Platform. Any unauthorized use of the materials appearing on this Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.


 

TAXES ON GLEAMER FEES

We are not the provider of any Services. The Gleamer is the provider of all Services and any related products and is responsible for collecting and remitting any applicable income tax, GST or other taxes which may apply to the Services. 


 

TAXES ON GLEAMOO CHARGES

We permit Gleamers and Customers to use the Platform, in consideration for the Gleamoo Charges.

 

Unless otherwise specified in writing, the Gleamoo Charges, and any other amounts payable to us under these Terms are exclusive of GST and/or any other applicable taxes or fees. 

 

In the event that GST is payable on any amount payable by you to us under these Terms, you agree to pay us, at the same time and in the same manner, an additional amount equal to the applicable GST.

 

In the event that any other taxes or fees are payable on any amount payable by you to us under these Terms, you agree to pay those other taxes or fees to us, at the same time and in the same manner that you pay the Gleamoo Charges to us.


 

PAYMENT ERRORS

In the event of a payment processing error, we will seek to rectify the said error as soon as practicable. 

 

In the event that a payment processing error results in an overpayment to you, you authorize us, in our sole discretion, to use any or all of the following methods:

 

  • Deduct any overpaid amount from any subsequent payments which we make to you;

 

  • Debit your bank card, credit card, or bank account which we hold on file;

 

  • Seek reimbursement from you in any other lawful manner.


 

GENERAL PROVISIONS

 

  1. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

 

  1. Applicable law: Your use of the Platform is subject to the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

 

  1. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without our prior written consent.

 

  1. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

 

  1. No waiver: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.

 

  1. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

 

  1. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.

 

  1. Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us.


 

CONTACT US

You can contact us about these Terms at info@gleamoo.com.au

Terms And Conditions

GLEAMOO TERMS OF USE

https://www.gleamoo.com.au


These Terms of Use (“Terms”) apply to all Users of the Gleamoo Platform (“Platform”), which is available at https://www.gleamoo.com.au. The Platform is owned and operated by GLEAMOO PTY LTD.

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our Platform and Services, You agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Platform from time to time. 

 

If you do not accept these Terms, you will be unable to create an account on our Platform. 


 

DEFINITIONS

“Australian Consumer Law” or “ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

 

“Car” means any relevant car or other vehicle which a Customer seeks to have washed via the Platform. 

 

“Content” means any and all material, links, words and images the User submits or links to the Platform. 

 

“Customer” means a User of this Platform who orders Services via the Platform

 

“Delivery” means any Services which have been paid for by a Customer and delivered to the Customer by a Gleamer.

 

“Gleamer” means a User of this Platform who lists Services for hire on this Platform.

 

“Gleamer Fee” means the fee paid by a Customer to receive Services via the Platform.

 

“Gleamer Earnings” means the earnings paid to the Gleamer who has provided the Services. 

 

“Gleamoo Charges” means the charges payable by Users to Gleamoo, subject to these Terms.  

 

"GST" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.

"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).


 

“Platform”, “the Platform”, “this Platform” and “our Platform” means the Gleamoo Platform, which is available at https://www.gleamoo.com.au.

 

“Services” means any services provided to Customers by Gleamers via the Platform.

 

“User”, and “you” means any user of this Platform, including Gleamers and Customers. You can be both a Gleamer in relation to some Services and a Customer in relation to some other Services.

 

“We”, “our”, “us” and “Gleamoo” means GLEAMOO PTY LTD.


 

HOW IT WORKS

Gleamoo is a technology platform that allows Users to coordinate and schedule the provision of the Services and to facilitate payment for those Services. 

 

Gleamers provide Services via the Gleamoo Platform, and operate as independent third party service providers. 

 

Customers can order and pay for Services via the Platform, and by doing so they can have car washing Services brought to their doorsteps. 

 

Gleamers can register an account on the Platform. Once registered, Gleamers will receive job requests via the Platform. If a Gleamer wishes to perform a job, they can click to “accept” it.

 

Gleamer Fees are paid by Customers for any Services that they choose to hire. Payments are handled by Stripe or another third-party payment provider. Gleamer Fees are held in escrow until the Services have been provided. All applicable Gleamoo Charges are deducted from the Gleamer Fee before the balance (which amounts to the Gleamer Earnings) is released to the Gleamer. 

 

When you register an account or make a payment, you may be required to agree to the terms and conditions of the relevant third-party payment processor.  


 

ROLE OF GLEAMOO

We are acting as a neutral facilitator only, by providing an information and classified service that brings together Gleamers and Customers. We are not a party to any transaction for the hire of Services between any Gleamers and Customers that may originate on or through this Platform. 

 

We do not and cannot verify the information that Gleamers supply nor can we guarantee the Services that they offer. We are not involved in, are not responsible for and we assume no liability in respect of any Gleamers, quotes, information supplied, prices, contracts or anything related to Services between Gleamers and Customers. 

 

We do not and cannot verify whether Gleamers hold relevant licenses, certifications, permits, or qualifications (“Qualifications”) that may be required for the Services that they offer in their local area. It is up to the Customer to check for any Qualifications before making a booking with any Gleamer.

 

We urge you to make your own enquiries about any User before engaging with that party and we urge you to do your own due diligence to verify all Users, information, Qualifications, Services independently.


 

ACCOUNTS

It is free to become a User on our Platform.

 

To be a Gleamer or a Customer you must register for and set up an account on our Platform. You must first fill in your registration details that are required in the online form to gain access.

 

If you are registering as a Gleamer, you must verify your identification via Stripe and provide a police check.

 

You agree to ensure that your registration details are, and any Content you provide is, accurate and up-to-date. 


 

PAYMENTS, GLEAMOO CHARGES AND GLEAMER EARNINGS

Customers are required to pay the Gleamoo Charges, in order to request Services via the Platform.

 

As a Customer, you agree to pay any applicable Gleamoo Charges incurred via your Gleamoo account. 

 

The Gleamoo Charges may change from time to time but up-to-date rates will be displayed on our Platform at the time that Customers order Services. 

 

The Gleamoo Charges will be deducted from the Gleamer Fee, before the Gleamer Earnings are paid to the Gleamer.

 

There will be no refunds or credits for Gleamer Fees, Gleamoo Charges, or any other fees that you incur as a result of using this Platform, except as provided by the Australian Consumer Law or any other applicable laws. 

 

As a Gleamer, you will be entitled to receive the Gleamer Earnings for any Services that you provide, subject to these Terms. 

 

Applicable Gleamer Earnings will be communicated to you when you receive a job request. By accepting a job request, you agree to provide the Services in return for the Gleamer Earnings. 

 

As a Gleamer, you understand and agree that you are responsible for paying any applicable taxes out of your Gleamer Earnings. 


 

USER CONTENT

When you submit any Content to the Platform, you represent that you have the ownership rights and title to this Content, or have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights. 

 

We may, but are not obligated to, remove any Content at any time that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or which violates a third party’s intellectual property or these Terms.

 

By using this Platform, you authorize us on a non-exclusive, royalty-free basis to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to this Platform.


 

CANCELLATION OF BOOKINGS

It is a core concept of our Platform that both parties should be able to cancel at any time (prior to the scheduled booking time). However, depending on when you cancel, penalties may apply. Please refer to our cancellation policy for further information. 

 

Any cancellations of bookings for Services must be initiated before the scheduled booking time. 

 

To ensure that the Gleamer is notified of any cancellations, cancellations can only be confirmed by the Gleamer. If a Customer wishes to cancel a booking, they may do so via the Platform. 

 

Gleamers must agree to any cancellation request which has been submitted by a Customer before the scheduled booking time. 

 

Once we receive notification that a booking has been canceled, we will initiate a refund of the Gleamer Fee.

 

If a Customer does not request a cancellation prior to the scheduled booking time, we will not be able to initiate a refund.

 

In the event of any dispute or disagreement regarding a cancellation, you may notify us using the dispute form which is available on our Platform. 


 

NO SHOW

If a Customer does not show up to the relevant location at the time of the booking, no refunds are available. 

 

If a Gleamer does not show up to the relevant location at the time of the booking, the Customer must notify us within 24 hours in order to facilitate a refund.


 

CANCELLATION OF ACCOUNT

TO CANCEL YOUR ACCOUNT: You are able to cancel your account at any time by contacting us.

 

When you cancel your account, you must still pay any outstanding fees. You are responsible for all costs, fees, outstanding Gleamer Fees owed to any other User or any outstanding Gleamoo Charges. You agree to fully indemnify us for any amounts outstanding owed by you to any other User or third party.

 

On cancellation of your account, all of your Content, material and links may be deleted from view on the Platform.

 

WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your account and account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Platform with or without notice and for any reason, including, without limitation, breach of these Terms, including a failure to pay outstanding fees. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

 

If we have reasonable grounds to suspect the information you provide on this Platform is untrue, inaccurate or incomplete, or that you have breached any Terms, if your content is offensive, if we receive numerous complaints from Customers or third parties, or for any other reason including if, in our opinion, you have breached the purpose of our Platform, at our sole discretion we have the right to immediately terminate your account. We may also deny the use of our Platform and services to you in the future and are not obligated to return any fees in the event of any breach.

 

When you enter into a rental agreement with another User, you create a legally binding contract with that User. If you fail to comply with your obligations under that agreement, or complaints are received about you from other Users, we may terminate your account and account without notice. 

 

Upon such termination, regardless of the reasons, your right to use this Platform immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files, including any active listings. We may also bar you from any further access to our Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

We are not required to provide any refund or part thereof to you for such termination of your membership.


 

GLEAMERS ARE CONTRACTORS

 

The parties hereby agree that Gleamers are engaged as independent contractors and not as employees of Gleamoo. As such, Gleamers are not entitled to employee benefits, including but not limited to paid leave, superannuation contributions, or guaranteed hours of work. 

 

Gleamers are solely responsible for managing and paying their own taxes, insurance, and any other statutory or regulatory obligations applicable to them as independent contractors under Australian law. 

 

This independent contractor status also implies that Gleamers are responsible for their own operational expenses and financial arrangements related to providing Services through the Gleamoo platform.


 

GENERAL USER AGREEMENT

 

AGREEMENT FOR GLEAMERS

To be eligible to receive job requests on this Platform and to operate as a Gleamer, you agree to the following:

 

You warrant that:
 

  • Any information that you provide to us, submit to the Platform or provide to any other Users is genuine, true and accurate, including (but not limited to) the details of any licenses, certifications, permits, qualifications or safety requirements that apply to the Services you are offering;

 

  • You hold any and all necessary licenses, certifications, permits or qualifications as required by law for the Services that you are providing;
     

  • You will keep your information updated, and you will ensure that any Content or other information you submit complies with applicable laws, codes and regulations; 

 

  • All material and Content you link to from our Platform is accurate, reliable, up-to-date, lawful, and not misleading; 

 

  • You will abide by any applicable laws and regulations including but not limited to:

 

  • The road rules in the state or territory where you are providing the Services;

  • Any applicable parking rules and/or signs;

  • The Australian Consumer Law including but not limited to any obligations contained therein in relation to the re-supply or refund of any goods or services you supply;

  • All applicable Australian taxation laws.

 

You acknowledge and agree:

 

  • We are a facilitator only for the purposes of permitting Gleamers to respond to job requests via our Platform but we do not guarantee any bookings, business, increase in revenue or otherwise; 

 

  • You use our Platform and provide the Services at your own risk and we are not liable for any damage, injury or death caused by your use of the Platform or provision of the Services or your interaction with any other User;

 

  • You will at all times keep us updated on any change to address or details of your Gleamer listing to enable us to update any location and the Platform;

 

  • You will pay any Gleamoo Charges or third party fees or charges as communicated to you when you accept a job request;

 

  • You must agree to any cancellation request submitted by a Customer before the scheduled booking date;

 

  • In the event that a Customer cancels a booking before the scheduled booking date, they will be entitled to a full refund of the Gleamer Fee;

 

  • We display all Gleamer listings in the same manner, on the same basis and do not promote or recommend any one Gleamer over any other, subject to the options available to Gleamers to subscribe to enhancements to listings for a fee or as a result of some other promotion which we determine at our sole discretion; 

 

  • Any Services you provide through the Platform is a transaction directly between you and the Customer, and is your contractual relationship with the Customer. Any disputes, issues, dealings, complaints are to be dealt with directly with the Customer and we are not to be involved;

 

  • You are responsible for ensuring that by offering Services, you comply with applicable laws, codes and regulations, including any specific requirements with respect to the supply of all Services and Australian taxation laws;

 

  • You must hold any insurance as required by law for the Services that you provide on the Platform, and you are strongly encouraged to obtain relevant insurance including but not limited to third party liability insurance, even if not required to do so by law;

 

  • You indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of your breach of these Terms, any errors or inaccuracies in your advertisements, or any disputes with Customers, any third party liabilities or any other issues that result from your use of the Platform;

 

  • Your provision of the Services must comply with these Terms and any specifications or requirements we may separately provide to you from time to time; 

 

  • When you work as a Gleamer, you are a contractor and not an employee. The Gleamer Earnings that you receive for performing the Services are the sole benefit that you will receive for the Services. You are not entitled to any paid leave, superannuation, or other employment benefits because you are not an employee;

 

  • You are solely responsible for providing, at your own cost, all materials, tools and supplies to enable you to provide the Services including but not limited to soaps, waxes, polishes, sponges, buckets, brushes, rags, hoses and other car detailing products. 

 

  • You are solely responsible for the payment of all applicable taxes arising from your Gleamer Earnings, in accordance with Australian taxation laws. 


 

AGREEMENT FOR CUSTOMERS

To be eligible to order Services on this Platform, you agree to the following:

 

You warrant that:

 

  • You are the lawful owner of any relevant Car or you have the lawful authority from the Car’s owner to have the Services performed on the Car by the Gleamer;

 

  • You will keep your information updated and will ensure that any Content you provide complies with applicable laws, codes and regulations;

 

  • You will at all times abide by the terms of any Gleamers with which you deal; and

 

  • You will manage and take over any claim by any Gleamer or third party that may arise as a direct or indirect result of your use of our services and this Platform.

 

You acknowledge and agree:

 

  • We are a facilitator only for the purposes of permitting Customers to request Services from Gleamers on our Platform;

 

  • We do not review the skills or qualifications of Gleamers on this Platform and do not guarantee the accuracy of any listings, or the availability, quality, safety, suitability or otherwise of the Services;

 

  • Your use of the Platform and the Services is at your own risk and we are not liable for any damage, injury or death caused by your use of the Platform or the Services or your interaction with any other User;

 

  • You must agree to any cancellation request submitted by a Gleamer before the scheduled booking date;

 

  • You are responsible for ensuring that your use of the Services complies with applicable laws, codes and regulations, including occupational safety and health laws;

 

  • You must hold any insurance as required by law for the Services that you order via the Platform, and you are strongly encouraged to obtain relevant insurance including but not limited to comprehensive car insurance and third party liability insurance, even if not required to do so by law;

 

  • You indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of your breach of these Terms, or any disputes with Gleamers, any third party liabilities or any other issues that result from your use of the Platform.


 

AGREEMENT FOR ALL USERS

As a User, whether a Gleamer or a Customer, you agree to the following:

 

You warrant that:

 

  • You are 18 years of age or older and able to form a legal binding contract; and

 

  • All information  you communicate via the Platform (including information contained in any messages with other Users) is genuine, true and accurate.

 

You acknowledge and agree:

 

  • We are not responsible for, nor affiliated with any particular User. Our relationship to Users is solely one of providing the Platform to allow Customers to request Services, and Gleamers to respond to job requests. We are not a party to the the transaction or agreement between the Gleamer and Customer;

 

  • Aside from requiring police checks from Gleamers, we do not undertake background checks of other Users;

 

  • It is your responsibility to exercise due diligence and ensure your own safety when interacting with any other Users;

 

  • We are not your agent for any purpose in relation to your use of this Platform;

 

  • This Platform uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; 

 

  • We make no warranty that the Platform and Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Platform is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Platform becomes unavailable for any lengthy and unusual time period; 

 

  • The Platform may not show up to date information regarding the availability of any Services, and we shall not be liable for any inaccuracies regarding the availability of any Services;

 

  • You will not transmit any viruses, malware, worms or other malicious software of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Platform; 

 

  • By using the Platform, you authorize us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Platform, or our business;

  • Any failure by us to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision; 

  • No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever;

  • You will not use our Platform for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;

  • You will ensure that any Content you submit to the Platform complies with all applicable laws, codes and regulations and all content you link to from our Platform is accurate, reliable, up-to-date, lawful, and not misleading; 

  • You will report any unauthorized or improper activity by another User, including their failure to comply with these Terms, by contacting us using the details at the end of these Terms; and

 

  • We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.


 

GENERAL USER OBLIGATIONS

All Users, whether Gleamers or Customers, are responsible for ensuring that the Services are performed in a manner that minimizes the impact on people, property and the environment. As a User, you agree to be bound by the following guidelines:

 

  • Traffic Awareness: You must always remain vigilant of surrounding traffic conditions to avoid accidents or disruptions.

 

  • Safe Service Location: Ensure that the Services are performed in a location that is safe for all Users, third parties, the Car and any other property. 

 

  • Risk and Damage Prevention: Take all necessary precautions to prevent any risk or damage to the Car, any Users, any third parties, or any other property.

 

  • Non-interference: Services must be conducted in a manner that does not interrupt traffic flow, disturb neighboring businesses, or infringe on the operations of local entities.

 

  • Respect for Property: Do not park or conduct Services on private property without express permission from the property owner.


 

RISK MANAGEMENT

Acknowledgement of Risks: All Users, whether Gleamers or Customers, acknowledge that engaging in mobile car wash services through the Gleamoo platform involves inherent risks. These risks include, but are not limited to, exposure to water and electricity, traffic-related hazards, chemical safety concerns, slip and fall hazards, environmental impacts, personal health risks, equipment safety, potential for property damage, theft or loss, and the risks associated with interacting with other Users. By agreeing to these Terms, Users recognise these risks and the necessity of adhering to safety protocols and guidelines.

 

Users accept full responsibility for managing the aforementioned risks as well as any other risks associated with their use of the Gleamoo Platform. This responsibility extends to:

 

  • Safety in User Interactions: Users should exercise caution and follow best practices for personal safety when meeting with other Users. This includes choosing public, well-lit locations for any necessary face-to-face interactions, and avoiding private or secluded areas. Users are encouraged to remain mindful of their personal safety and the security of their possessions at all times.

 

  • Personal Property Responsibility: Users are advised to secure their personal belongings and not leave valuables or sensitive items within their Cars during the Service. Gleamoo cannot be held responsible for the loss, theft, or damage of any personal property left unattended in Cars. Users are encouraged to take all necessary precautions to protect their personal items prior to Service commencement.

 

  • Car Theft Responsibility: Users are solely responsible for taking all necessary precautions to prevent theft of their Car during the provision of Services. This includes ensuring that Cars are securely locked and/or parked in a secure location, keys are stored securely, and that any anti-theft devices are activated prior to and following Service completion. Gleamoo cannot be held liable for any theft or damage resulting from the User's failure to secure their Car appropriately.

 

  • Environmental and Operational Safety: Including precautions related to water and electricity use, vigilance regarding traffic and environmental conditions, correct handling and disposal of chemicals, and the maintenance of equipment in a safe and operational state.

 

  • Personal Health and Safety: Taking steps to prevent overexertion, heat-related illnesses, and ensuring that all activities are conducted in a manner that minimizes the risk of slips, trips, and falls.

 

  • Electrical Safety: Exercising caution and employing safety measures when dealing with water and electricity to avoid accidents.

 

  • Traffic Safety: Remaining vigilant of traffic conditions and ensuring a safe environment for car wash services.

 

  • Chemical Safety: Proper handling, storage, and disposal of cleaning chemicals to prevent health issues and environmental damage.

 

  • Slips, trips and falls: Taking precautions to avoid slips, falls, and other physical injuries during the service process.

 

  • Equipment Safety: Ensuring all equipment used is safe and in proper working condition.

 

  • Obstruction and nuisance: Avoiding obstruction, inconvenience to the public, and damage to people or property.


 

ACKNOWLEDGEMENT OF RESPONSIBILITY

By using the Gleamoo platform, Users acknowledge their responsibility to manage these risks effectively and confirm their understanding that failure to do so may result in harm or loss for which Gleamoo, its affiliates, or other Users may not be held liable. Users commit to engaging in practices that ensure their own safety, the safety of others, and the protection of property while also respecting the safety and well-being of other Users they interact with through the platform.


 

MODIFICATION OF PLATFORM AND CONTENT

We reserve the right at any time to remove, delete, alter or amend any Content or the Platform. In particular, if we believe the Content to be inappropriate, potentially breach regulations, if we receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification or any loss or damage arising from a modification. 


 

LIABILITY, INDEMNITY AND DISCLAIMER

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage or injury which may result from any advertisement on our Platform, including the provision of any Services advertised on this Platform. 

 

You fully indemnify us for any costs, damages, injuries or claims arising from your advertising, supply, use of the Services, or any fault in the Services.

 

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on the Platform.

 

In addition, you agree to fully indemnify us for any and all claims by other Users or any third party which may result from any Content or links on this Platform or any arrangement for Services that you enter into with another User. We are not responsible for your Content, Services or for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content, Services or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from a User whether direct or indirect.

 

Our liability is governed by the ACL, including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.

 

Our liability to you will not exceed the amount actually paid by You to us in the preceding 3 month period.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

No agency, partnership, joint venture, or employment is created as a result of these Terms, and You do not have any authority of any kind to bind us in any respect whatsoever.

 

We shall not be held liable for any theft, loss, or damage to personal belongings or Cars while using our Services.

 

Customers are advised to remove all valuables and personal items from their Cars prior to the commencement of the Services. While we take utmost care and diligence in providing our services and the Platform, Customers acknowledge and accept that they are responsible for securing their belongings, and we shall not be held responsible for any incidents that may occur during or after the Services.

 

 

DISPUTES BETWEEN USERS

In the event of a dispute arising between a Gleamer and a Customer in relation to the Services provided, both parties agree to seek resolution independently and without the involvement of Gleamoo. Gleamoo shall not be held responsible for resolving such disputes and is expressly relieved from any claims, liabilities, or involvement in the dispute resolution process. Gleamers and Customers are encouraged to communicate directly to resolve their issues amicably. If a resolution cannot be reached through direct negotiation, the parties may consider seeking mediation or other forms of alternative dispute resolution at their own discretion and expense. Gleamoo remains committed to providing a platform for service but does not partake in disputes concerning individual service encounters between Gleamers and Customers.

 

If you have a dispute with another User, you release us (and our officers, directors, agents, subsidiaries, contractors and employees) from any claims, demands and damages, including but not limited to actual and consequential damages of every kind, known and unknown, arising out of or in any way related to such disputes.

 

In the event that you need to contact us in relation to a dispute or disagreement with another User, you may notify us using the dispute form which is available on our Platform. We may, in some instances, determine, in our sole discretion, to ban or block another User. We are not to be involved in nor will we determine any dispute at any time.

 

 

DISPUTES WITH GLEAMOO

If you have a dispute to raise with Gleamoo, or in relation to these Terms or the services provided by Gleamoo, you may not commence any tribunal or court proceedings in relation to the dispute, except where urgent interlocutory relief is sought, unless the following procedures have been complied with.

 

  • Initial Notification: Any User who identifies a dispute (“Dispute”) with Gleamoo must first notify Gleamoo in writing, detailing the nature of the Dispute, the desired outcome, and the action required to settle the Dispute. This notification can be made using the contact details provided at the end of these Terms or via the dispute resolution form available on the Gleamoo platform.

 

  • Mediation: Upon receipt of such notification, both Gleamoo and the User must endeavor in good faith to resolve the Dispute amicably. If the Dispute cannot be resolved through direct discussions within 30 days of the initial notification, either party may propose that the Dispute move to mediation. 

 

  • If mediation is agreed upon: Both parties agree to participate in the mediation process facilitated by an independent professional mediator agreed upon by both parties. The costs of mediation shall be shared equally between Gleamoo and the User, unless otherwise agreed.

 

  • Litigation: Only if the Dispute cannot be resolved through mediation may the aggrieved party commence formal legal proceedings. 

 

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Gleamoo.

 

All other trademarks or service marks within this Platform are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any advertising that appears on our Platform.

 

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this Platform. Any unauthorized use of the materials appearing on this Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.


 

TAXES ON GLEAMER FEES

We are not the provider of any Services. The Gleamer is the provider of all Services and any related products and is responsible for collecting and remitting any applicable income tax, GST or other taxes which may apply to the Services. 


 

TAXES ON GLEAMOO CHARGES

We permit Gleamers and Customers to use the Platform, in consideration for the Gleamoo Charges.

 

Unless otherwise specified in writing, the Gleamoo Charges, and any other amounts payable to us under these Terms are exclusive of GST and/or any other applicable taxes or fees. 

 

In the event that GST is payable on any amount payable by you to us under these Terms, you agree to pay us, at the same time and in the same manner, an additional amount equal to the applicable GST.

 

In the event that any other taxes or fees are payable on any amount payable by you to us under these Terms, you agree to pay those other taxes or fees to us, at the same time and in the same manner that you pay the Gleamoo Charges to us.


 

PAYMENT ERRORS

In the event of a payment processing error, we will seek to rectify the said error as soon as practicable. 

 

In the event that a payment processing error results in an overpayment to you, you authorize us, in our sole discretion, to use any or all of the following methods:

 

  • Deduct any overpaid amount from any subsequent payments which we make to you;

 

  • Debit your bank card, credit card, or bank account which we hold on file;

 

  • Seek reimbursement from you in any other lawful manner.


 

GENERAL PROVISIONS

 

  1. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

 

  1. Applicable law: Your use of the Platform is subject to the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

 

  1. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without our prior written consent.

 

  1. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

 

  1. No waiver: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.

 

  1. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

 

  1. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.

 

  1. Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us.


 

CONTACT US

You can contact us about these Terms at info@gleamoo.com.au

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