These terms and conditions (“the Terms”) govern the agreement between the Customer (“you”), the Technician and Stain Busters Cleaning Systems. By booking an appointment with us, you are bound by the Terms.

In addition to the Terms, there are also specific and additional terms and conditions which form part of the General Terms and Conditions and govern your use of the Stain Busters website, available at https://www.stainbusters.com.au.

You are also bound by these terms and conditions and therefore recommended to read them before using the website.

In this agreement:

‘Adding Credit’ or ‘Deposit’ means the process of making a deposit of funds into your Wallet using one of the payment Methods, which will be available for payment of Appointment booking charges after Payment Clearance.

‘Booking Fee’ means the amount notified on our website from time to time as a percentage of the Appointment Cost for each Appointment booking made online and may vary from time to time.

‘Customer’ means the person entering into this agreement.

‘Credit’ means credit balance in your Wallet taking into account all Deposits into the account and less any Payments for Appointment Cost, Booking Fees, or other valid charges.

‘Technician’ means an accredited Carpet Cleaning Technician you book to provide a Learner with an appointment.

‘Appointment’ means a carpet cleaning or associated service Appointment provided by the Technician through Stain Busters Cleaning Systems.

‘Appointment Cost‘ means the Price net of any applicable discounts.

‘Appointment Management System Site’ means the internet based software application provided by the Booking Agent for you and other registered users to book and manage Appointments and payments.

‘Appointment Management System Content’ means all text, graphics, video, data or other content on the Appointment Management System Site.

‘Payment Methods’ means Electronic Funds Transfer (EFT), Credit Card payment (either VISA or Mastercard), BPAY(c), Direct Deposit to our nominated bank account as advised online or payment directly to an Technician with prior arrangement with our booking office.

‘Payment Clearance’ means the time between you making a payment usinga Payment Method other than Credit Card and the Deposit appearing in thebanking records of the Booking Agent.

‘Price’ means the price charged to the Customer for the Appointment set out in this document as varied from time to time and advised to you prior to payment.

‘Refund’ is the return of valid payments and charges for any Stain Buster product.

‘Return’ is the repayment to you of any credit balance in your Wallet after all valid payments and charges for Appointments, Cancellations and No Shows and other fees and charges payable to us and the Technician. ‘User’ means the Customer. ‘Wallet’ means the account established with the Booking Agent. ‘we’, ‘our‘ and ‘us’ means the Technician or Stain Busters Cleaning Systems as the case may be. ‘you’ means the Customer.

We provide Appointments on the Terms which take effect at the time of booking. If you book more than one Appointment at the same time, the Terms at the time of booking will apply to each Appointment booked at that time. In return for the payment of the Appointment Cost and Booking Fee we provide you with an appointment by the Technician notified at the time of booking unless otherwise notified by us. The Terms may be varied at any time subject to giving you reasonable notice via the website www.stainbusters.com.au.

If you continue to book Appointments after the date on which any changes to the Terms take effect, you will be deemed to have agreed to such changes.

You must book all Appointments through the Booking Agent either via the Call Centre on 1300 078 246 or the Appointment Management System Site at www.stainbusters.com.au. Any bookings made directly with a Technician will be of no effect until you have notified the Booking Agent and the Booking Agent has confirmed that booking. If a Technician provides you with an appointment which has not been booked through the Booking Agent, you agree that the Terms apply to that Appointment as if you had booked the Appointment through the Booking Agent.

You can request a refund of the purchase price of any Stain Buster product that has been supplied to you if the product is found to be faulty within 28 days of the purchase. It may be requested that the product be returned to the place of purchase at the discretion of the Stain Buster agent. Should you deem the product be not suitable for purpose you can return the product unused and a full refund will apply. The cost of the return of the goods is to be paid by the customer.

You can Add Credit to your Wallet by depositing funds using one of the Payment Methods. You may deposit up to a maximum of $500.00 into your Wallet at any one time. The funds in your Wallet will not attract interest and may only be used by you or an authorized person acting on your behalf, who can answer the 3 point privacy check performed by the Stain Busters Cleaning Systems Call Centre. A Receipt for each deposit to your Wallet is available on the Appointment Management System Site or from the Booking Agent upon request.

You may request a Return of Credit in your Wallet at any time where the Credit has not expired. Credit will expire 365 days from the date of your last deposit transaction and any credit remaining in the Wallet at this time will be forfeited. We will process the Return within 3 working days after the request to the Credit Card used for payment or your nominated bank account, less a processing fee equivalent to the Booking Fee Where Booking Fee has already been paid.

You must pay the Appointment Cost and the Booking Fee in full at the time of booking by confirming that the amounts for those items may be debited from your Wallet. The Technician is not obliged to provide you with an appointment if the Appointment Cost has not been paid in full. If the Technician provides you with an appointment before the.

Appointment Cost is paid in full, any part of the Appointment Cost outstanding for the Appointment is a debt due to us and payable immediately on demand whether or not any further Appointments are provided to you. Overdue Invoices will be charged an account keeping fee of $10 each month (or part thereof) while such Invoices remain outstanding.

A Tax Invoice for each Appointment is available on the Appointment Management System Site or from the Booking Agent upon request.

If you wish to reschedule an appointment, you must do so through the Booking Agent. If you reschedule an appointment with less than 48 hours advance notice of the scheduled time, we reserve the right to consider the.

Appointment cancelled and charge as set out below. We may reschedule an appointment at any time by giving you reasonable notice including by telephone, email or SMS.

If you wish to cancel an appointment, you must do so through the Booking Agent. If you cancel the Appointment with less than 48 hours notice, a Cancellation Fee will be applied. If you cancel an appointment with more than 48 hours notice, you may request a refund of any money paid for the Appointment less a handling fee of $10.00 or apply any Credit for the Appointment in full towards another appointment.

If you arrive late for an appointment the Technician may only be able to offer you the remaining Appointment time if they have a commitment to another Appointment immediately after, and you will be charged for the full Appointment Cost for the Appointment.

If you are more than 15 minutes late for an appointment without notifying us we reserve the right (at the Technician’s reasonable discretion) to cancel the Appointment and charge the full Appointment Cost. If you do not attend an appointment (No Show) we reserve the right to cancel the Appointment (at the Technician’s reasonable discretion) and charge the full Appointment Cost for the Appointment.

You acknowledge that:

• the Technician has sole discretion as to whether an appointment will commence or continue;
• we do not accept any liability whatsoever for personal property whilst the Technician is providing services at your premises;
• if you are not the property owner, you have made the owner aware of these acknowledgements.

Certain State and Commonwealth legislation, including the Trade Practices Act 1974 (Cth), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions.

Except for any liability which cannot be excluded by law or which is caused by our negligence, our liability for any loss (whether direct or indirect), damage or liability whatsoever (including to a third party) which may be suffered in relation to the Appointment, is limited to the re-supply of the Appointment.

You agree to indemnify and keep us indemnified against any loss, damage, liability or costs whatsoever (including to a third party) in connection with:

• your breach of the Terms; and
• access and use of service at the property for the Appointment.

This Limitation of Liability clause continues to have effect after this agreement is terminated.

We give no warranty or guarantee that you will:

• pass any Property Management inspection; or
• tenancy rental inspection.

Much of the Appointment Management System Content is updated on a real time basis and is proprietary or licensed to the Booking Agent or third parties. By using the Appointment Management System Site, you agree not to:

• use any robot, spider, scraper or other automatic device, process or means to access the Appointment Management System Site for any purpose without the Book Agent’s prior written permission;
• take any action that imposes or may impose (in the Booking Agent’s sole discretion) an unreasonable or disproportionately large load on the Appointment Management System Site;
• implement any manual processes to monitor or copy the Appointment Management System Content without the

Booking Agent’s prior written permission;

• utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Appointment Management System Site;
• you must have JavaScript enabled to use this site. Portions of the Appointment Management System Site, including but not limited to: making, modifying or cancelling bookings, may not be accessible with JavaScript disabled;
• you must have Cookies enabled to use this site. Portions of the Appointment Management System Site, including but not limited to: making, modifying or cancelling bookings, may not be accessible with Cookies disabled. The Appointment Management System Site may be modified or terminated without notice at any time. We may use commercially reasonable efforts to send notice to our registered users if such termination is to occur.

You are solely responsible for maintaining the confidentiality of your User Name and Password.

• You are solely responsible for any and all activities that occur under your User Name and Password.
• You agree to notify the Booking Agent immediately of any unauthorised use of your User Name and Password or any other breach of security.
• You are liable for all acts or omissions that occur under your User Name and Password.
• If, in the Booking Agent’s reasonable opinion, you breach any of the terms or conditions governing your use of the Appointment management System Site, the Booking Agent may suspend your access to the Appointment Management System Site and if (in the Booking Agent’s reasonable opinion) necessary, initiate criminal or civil proceedings against you.

The information, software or services provided by the Appointment Management System Site (“Services”) and the Appointment Management System Content are protected by copyright, trademark, patent and other intellectual property laws. The Appointment Management System Content is provided to you by the Booking Agent for the sole purpose of booking, paying and managing your Appointments. You shall not copy, display, modify, create derivative works of, publish, or sell the Appointment Management System Content or the Services provided hereunder. The Appointment Management System Content may be modified from time to time in the Booking Agent’s sole discretion.

Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the Appointment Management System Content by you shall constitute a material breach of this agreement.

Nothing in this agreement shall affect any rights of the Booking Agent in the Services or the Appointment Management System Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of the Appointment Management System Site or any third party is granted under this agreement.

All prices and charges are in Australian Dollars (AUD) including GST as applicable.

The Appointment Management System Site may contain hypertext links to websites operated by parties other than the Booking Agent. Such hypertext links are provided for your reference only and the Booking Agent does not control such websites and is not responsible for their content. The Booking Agent’s inclusion of any hypertext links to such websites does not imply any endorsement of the content of such websites or any association with their operators.