PLEASE READ THESE TERMS CAREFULLY
BY USING THE “justclean” PLATFORMS YOU CONFIRM THAT YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
If your Resident Country (as defined below) is Kuwait then this contract shall be between you and JUSTCLEAN GENERAL TRADING COMPANY W.L.L incorporated in Kuwait with commercial registration number 360489 of Block 8, Building 14A – Al Hamra Tower, Floor 65, Sharq, Kuwait
If your Resident Country is the U.A.E. then this contract shall be between you and JUSTCLEAN INTERNET SOLUTIONS CO. LLC incorporated in Dubai with commercial registration number 1335935 of Dubai Business Bay, Burlington Tower.
If your Resident Country is Bahrain then this contract shall be between you and JUSTCLEAN INTERNET SERVICES COMPANY WLL incorporated in Bahrain with commercial registration number 1234843 – 1 of Al Seef , Block 436 , Road 3614 , Building 655 Office 302.
Each of the companies referred to above shall collectively be referred to as “justclean” in this contract.
Justclean licenses you to use its online Platforms detailed as:
justclean mobile application software, the data supplied with the software, and any updates or supplements to it together with the related online or electronic documentation including the justclean Website https://justclean.com (“Platforms”).
The services you connect to via these above-mentioned Platforms and the content we provide to you through it for personal dry cleaning or laundry services collected from and delivered to your nominated address (“Services”).
The use by you of the Platforms and the Services from within any country are governed by these terms which tell you the rules of use for the justclean Platforms.
1. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using these platforms or any service may be read or intercepted by others, even on a special notice that a particular transmission is encrypted.
When the following words appear in capital letters, this is what they will mean:
any occurrence or circumstances over which we have no control as described in paragraph 14 and including (without limitation) the unavailability of any Service Providers, key personnel or key materials without which we are unable to provide the Services.
“Item”: any garment or article of clothing collected from you in connection with a Job Order.
“Job Order”: your job order for the Services as set out in the job order form submitted via the platform.
“Pick-up Time”: the time scheduled for the collection of the Job Order from the address provided by the User.
“Resident Country”: the jurisdiction in which your justclean account is linked either through your use of the same or as determined by justclean based upon data associated with your justclean account.
“Service Providers”: all the laundries signed with us to provide the Services.
“Terms”: these terms and conditions as amended from time to time.
“You”: the party who agrees to these Terms and uses the platform, and its respective services.
“User”: any party who downloads and uses the platform.
“We/Our/Us”: justclean, team and company and representatives
3. MEMBERSHIP AND USE OF THE justclean SERVICES
Every user of justclean, once registered, has a ‘user name’ and ‘password’ which are selected by the user themselves. The ‘user name’ is personal to the user and the same ‘user name’ is not given to two different users. The ‘password’ is only known by the user. The user can change the password at any time. As user, you warrant that you will select and protect the password at all times.
justclean shall not be liable for any problems, which may arise from the use of the password. justclean shall inform the user about any promotions, which take place in the users’ area and from which the user may benefit, by emails. For the user to connect to the Services, which requires membership of justclean, the user must enter the user name and password.
By using the platform, you warrant that any personal information inputted by you, including credit card information, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information, by updating your profile on the platform. or by contacting us via Customer Care or 1801808. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
4. SERVICES OFFERED BY justclean
justclean provides a method for you to use the Services and communicate your Job Orders for pick-up and delivery using Service Providers across the country.
The objective of justclean is to provide a simple and convenient service to consumers, connecting them to Service Providers which cover their area that offer different dry cleaning, laundry and wash-iron service.
justclean does not sell or interfere in any way in the execution of any services carried out at the Service Providers but what this online market offers to the users is only providing the ability to search for and find local laundries that pick up and deliver laundry to their addresses and enables ordering this service through the justclean Platforms. The Service Providers are obligated to comply with country local laws, rules, regulations, and standard industry practice.
It is important for users to understand that justclean does not in any way independently verify the credentials, representations or services of the Service Providers, the quality of any Services, or that a Service Provider is in compliance with all applicable laws. Users must satisfy themselves through information provided by the Service Providers on the justclean Platforms or as requested by users directly from the Service Providers as to the quality and reliability of the Service Providers, as well as to their compliance with applicable laws.
justclean does not in any way provide any warranty or guarantee as to the quality of any Services or that any Service complies with applicable laws and does not guarantee matching the Services menu and price list displayed on the justclean Platforms with what is actually provided to the users.
5. PLACING JOB ORDERS WITH justclean
Users are required to ensure that they check the details of their Job Order carefully before submitting it as we will not be liable to you for any errors that you make. You are required to check carefully that you correctly identify each Item. If you think that you may have made a mistake, please contact us as soon as possible through the Customer Care or 1801808. We will confirm any changes to your Job Order by email.
Submission of a Job Order does not create a contract between us.
We will assign a Job Order number to each Job Order and inform you of it when we accept the Job Order. Please quote the Job Order number in all subsequent communications with us.
If for any reason, we are unable to fulfils your Job Order, we will let you know.
6. CHANGES TO YOUR ORDER
You may make a change to a Job Order only before checking out.
With your consent and at our discretion, we may make a change to your Job Order as an alternative to cancelling it in the circumstances set out in paragraph 7. This shall be entirely at our discretion but we shall endeavor to accommodate any changes if possible.
Where changes are made to a Job Order which we accept, we will re-issue the Job Order confirmation to you via the platform or email.
7. CANCELLING YOUR ORDER
You have the right to cancel a Job Order up to one (1) hours before the scheduled Pick-up Time.
If your Job Order is a fast service to be completed in four (4) hours you can cancel the Job Order within ten (10) minutes before the scheduled Pick-up Time.
While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any Job Order that is based on inaccurate information.
You acknowledge that once an Item has been collected from you and the process has begun to provide the Services to you that any rights of cancellation you may have under these Terms and/or Consumer Contracts Regulations or any equivalent law or regulations will be lost.
We may cancel your Job Order and the agreement between you and us in the following circumstances:
as a result of an Event Outside Our Control; or
if you fail to make Items available for collection; or
if we consider that any Item does not correspond with the Job Order, is damaged, has no information about its content or cleaning instructions, or does not fall within those Items which we accept (for a full list of excluded items please refer to justclean FAQ); or
if the Service Provider elects to cancel the job order, before or after acceptance.
If we cancel your Order we will contact you immediately by phone or email, and
the Service Provider will arrange to redeliver the Item(s) to you at the original redelivery time or as soon as reasonably practicable.
if the Service Provider arrives at the location at the time and date agreed on for pick up and there are no Items for collection and you have paid by k-net you will not be refunded for the amount of that Job Order.
8. COLLECTION AND REDELIVERY
The Service Provider will use reasonable endeavors to collect and re-deliver Items at the times specified in the Job Order but the Service Provider cannot guarantee to do so. We will use reasonable endeavors to communicate any delay to you by phone or email.
During any Item pickup or delivery made by any of our Service Providers, if the user is not available at the address specified in the system and time selected, the Items ordered to be cleaned by the user shall not be picked up or delivered from anywhere else. In such circumstances, the user must accept all legal responsibilities arising from the ordering of our Services to an address where he/she does not reside.
If delivery is not possible due to the user being unavailable at the designated time, justclean will endeavour to find a suitable redelivery time. However, if a redelivery is urgent, it is the user’s responsibility to organize a same day courier or collection from the Service Provider.
If you have failed to accept or arrange redelivery of an Item for more than 90 days after the redelivery date specified in the Job Order, we may dispose of the Item or donate it to an accredited charity of justclean’s choice.
You may arrange to have Items collected from, or re-delivered to, a third party, on condition that you do so at your own risk and the third party is prepared to receive the order by an acknowledgement on your behalf.
You may, by written instructions to us, request us to leave an Item in an agreed location without providing us with a signature of acknowledgement. If you do so, it is at our discretion and entirely at your own risk and we shall not be liable to you for any damage or loss of Items re-delivered on this basis.
9. SERVICE STANDARDS
The Services will be provided with reasonable care and skill in accordance with good industry standards.
We will not be liable for any delay or non-performance of the Services where you have failed to provide accurate information in your Job Order, for example if an address is incomplete as per the fields requested in the justclean platforms or inaccurate, or if you fail to accept redelivery of Items in accordance with a Job Order
Please ensure that you thoroughly check all the Items for extraneous items e.g. currency notes, coins, pens, keys, etc. as we hold no responsibility for any of these items lost or damaged as a result of the cleaning process.
As the Service Providers process a high volume of cleaning they will not be able to cater to personal requirements (e.g. temperature, washing powders, etc.).
Neither we nor the Service Providers will accept any responsibility if there is any bleeding or color transfer during the cleaning process.
We will not be liable for damage to Items as the Service Providers wash by the load and do not inspect the care labels of each garment. For Items that need to be specially treated i.e. leather, silk, cashmere, fur, velvet and other delicate garments, please ensure that these items can be machine washed and tumble dried before using our Services for these Items.
Items are tagged by the load and not individually tagged.
The price of the Services will be set out in our price list as included in the platform and will be the price in force at the time you place your Job Order. Our prices may change at any time, but price changes will not affect Job Orders that we have already accepted.
The prices on our platforms do not include any additional charges. However, delivery and/or services charges are calculated per Job Order and based on the policy of the individual Service Provider. Any delivery/Service charges or any other fees will be displayed clearly in your Job Order Summary
If you choose to pay via payment Gateway using your debit/credit card the amount due will be deducted immediately on placing the Job Order
Once your Job Order has been accepted, this represents an agreement between you and the Service Provider. The Service Provider has sole responsibility for the Job Order. Cash payments are made directly to the Service Provider upon delivery to fulfil the Job Order.
If you have chosen to pay with using your debit/credit card on the platform, then the transaction is processed by justclean as agent of the Service Provider.
The user is liable to pay by cash upon delivery any extra charges the Service Provider might charge as a result of the ‘Special Request’ or the ‘General Request’ placed by the user.
The user refund procedure might take 2-7 working days to process on Debit/Credit cards bank Payment Gateway. We will send an email to the user that contains a printout of the refund advice printed from Debit/Credit Cards bank payment gateway as reference in case the user wants to advise the bank. The user has to follow on with the bank in case of any delay in crediting back the user’s account with the amount previously paid by the user.
Users using the Payment Gateway facility are requested to be available on their respective contact numbers.
Credit and/or Debit cards used in placing orders through the online payment gateway on platform must belong to the user. Otherwise, the user must obtain the legal permission from the card owner to perform the transaction.
12. LIMITATION OF OUR LIABILITY TO YOU
In the unlikely event of loss or damage to an Item, justclean will use its reasonable endeavors to ensure that the Service Provider who carries principal liability for any loss or damage pays compensation in line with standard industry guidelines. For the avoidance of doubt, the total liability to you of the Service Provider (or just clean in the event of failure by the Service Provider to pay) in respect of each Item is limited to the applicable compensation limits in place with each Service Provider from time to time or five (5) times the price you are charged for the Services in respect of that item, whichever is the higher amount. Any loss or damage must be reported to us within seven days through digital photographs or in person.
We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Neither we nor the Service Provider will be responsible for any loss or damage (including, without limitation) any color loss, shrinkage or other damage, resulting from the following:
failure to notify us of any special requirements or instructions for cleaning the Item;
any existing damage to the Item at the time of collection;
justclean takes customer satisfaction very seriously. In appropriate cases, if you have already been billed by justclean, we will issue a full or partial refund. In the following cases: if you did not receive your Job Order or received an incorrect Job Order, you may be issued a full refund; if part of your Job Order is missing, we may issue a partial refund. In every event, we will do our best to ensure you are completely satisfied with the outcome.
If you have a complaint about the Services, we will deal with it in accordance with our Complaints Policy. You will not have to pay for us to deal with your complaint. Complaints should be notified to us within 24 hours of redelivery of any Item if you believe that we are in breach of our obligations under these Terms. However, if you are not completely satisfied then simply contact us within 24 hours of redelivery via our Customer Care team – details of which appear in clause 44 below. Any complaints submitted after 24 hours will be considered on a discretionary basis.
14. CIRCUMSTANCES OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Circumstances Outside Our Control.
Circumstances Outside Our Control means any act or event beyond our reasonable control, or the reasonable control of any of our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.
If Circumstances Outside Our Control takes place that affects the performance of our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Circumstances Outside Our Control; or
You may cancel your Job Order or we may cancel it.
15. VOUCHERS AND PROMOTIONS
justclean gift vouchers are a method that enables users to buy an “gift voucher” from the justclean platforms and gift it to another person to place a Job Order through the platform and can be used on the terms of:
Users who are registered with justclean, may purchase gift vouchers.
Promotion Vouchers are subject to expiry dates and value for particular promotions.
These Terms apply to all justclean vouchers/promotion codes.
Vouchers cannot be used in conjunction with any other justclean voucher or any other offer.
Only one voucher or code may be used per transaction.
Promo codes are strictly non-transferable, and have no cash value.
justclean reserves the right to reject a voucher with reasonable cause.
justclean reserves the right to withdraw an offer at any time and without warning.
To redeem a voucher, you must present the code found on the voucher at checkout page when placing a Job Order.
Referral vouchers cannot be used in conjunction with any other customer offer or promotion.
16. PLATFORM USAGE RIGHTS
In return for your agreeing to comply with these terms you may:
download or stream a copy of the platform onto your personal device and view, use and display the platform and the services on such devices for your personal purposes only.
receive and use any free supplementary software code or update of the platform incorporating ‘patches’ and corrections of errors as we may provide to you which is complementary.
not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the online platforms, whether in whole or in part, or create any derivative works from or of the Justclean platforms.
17. HOW YOU MAY USE MATERIAL ON OUR PLATFORM
We are the owner or the licensee of all intellectual property rights in our Platforms, and material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our platforms for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our platforms must always be acknowledged.
You must not use any part of the content on our platforms for commercial purposes without obtaining a licence to do so from us or our licensors.
18. YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE PLATFORMS
You must be 18 or over to accept these terms and use the platforms or its related services.
19. YOU MAY NOT TRANSFER THE PLATFORM TO SOMEONE ELSE
We are giving you personally the right to use the platforms and it’s related Services as set out above for personal use only. Whilst you may have sharing rights as set out above, you may not otherwise transfer the platforms or its related services to someone else, whether for money, for anything else or for free. If you sell any device on which the platform is installed, you must remove the platform from it immediately. Therefore, as stated the license to use these platforms or its related services are not transferable.
20. CHANGES TO TERMS AND CONDITIONS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We may update and change our platforms from time to time to reflect changes to our Services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
If you do not accept the notified changes you may continue to use the platform and the service in accordance with the existing terms but certain new features may not be available to you.
21. UPDATE TO THE PLATFORMS AND CHANGES TO THE SERVICE
From time to time we may automatically update the Platforms and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the platforms for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platforms and the related Services or certain new features may not be available to you.
The platform will always work with the current (current being defined as the version released to use at least 6 months prior) or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.
22. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the platform onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
23. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the platforms or any of its Services, you agree to us collecting and using technical information about the devices you use the platform on and the related software, hardware and peripherals to improve our products and services.
24. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICE OFF)
Certain Services including Auto filling of Address of your profile and tracking, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
25. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The Platforms may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. Such links should not be interpreted as approved by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
26. DO NOT RELY ON INFORMATION ON THIS SITE
The content on our Platforms is provided for general informational purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms.
Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
27. USER GENERATED CONTENT IS NOT APPROVED BY US
Our Platforms may include information and materials uploaded by other users of the Platforms, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platforms do not represent our views or values.
you wish to complain about information and materials uploaded by other users please contact our Customer Care team – details of which appear in clause 44 below.
28. LICENCE RESTRICTIONS
You agree that you will:
except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the Platforms or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the Platforms or its related documentation or Services, except as part of the normal use of the Platforms or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platforms or its related Documentation or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platforms nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Platforms to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the Platforms;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platforms or any of its Service.
29. ACCEPTABLE USE RESTRICTIONS
not use the Platforms or any of its Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platforms or any of its Services or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Platforms or any of its Services (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platforms or any of its Services;
not use the Platforms or any of its Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
30. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Platforms and its related Documentation and the Services throughout the world belong to us and the rights in the Platforms and the Services are licensed (not sold) to you for personal use only. You have no intellectual property rights in, or to, the Platforms or the related Documentation or the Services other than the right to use them in accordance with these terms which is personal.
31. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you have knowledge of your user identification code or password, you must promptly our Customer Care team – details of which appear in clause 44 below.
32. LIMITATION OF LIABILITY
To the maximum extent permitted by the applicable laws, justclean excludes all responsibility and liability in relation to the Platforms and Services and disclaims all warranties (express or implied) and representations (including without limitation implied warranties of merchantability and suitability for a particular purpose) regarding the use or the results of the use of the Platforms or any linked websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Justclean will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage howsoever caused (including direct, indirect, consequential, special losses, or loss of profits). Further, justclean does not warrant that the functions contained in the Platforms will be uninterrupted or error-free, that defects will be corrected, or that the Platforms or the server that makes it available, are free of viruses or other harmful components.
You agree to release justclean from all claims arising from any statement or representation made on the Platforms. Your sole and exclusive remedy for any claim against justclean or any dispute with justclean, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Platforms.
We are not liable for business losses. The Platforms are for domestic and private use. If you use the Platforms for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Platforms and its related Services. The Platforms and its related Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platforms or its related Services. Although we make reasonable efforts to update the information provided by the Platforms and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the Platforms and the Services are suitable for you. The Platforms and its related Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Platforms and its related Services to evaluate its usage towards meeting your requirements.
We do not guarantee that our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platforms. You should use your own virus protection software. You must not misuse our Platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Platforms, the server on which our site is stored or any server, computer or database connected to our Platforms. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platforms will cease immediately.
33. UPLOADING CONTENTS TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platforms a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platforms constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Platforms if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
34. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our Platforms, you grant us the full and unrestricted rights to use that content.
35. RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Platforms in any website that is not owned by you.
Our Platforms must not be framed on any other site, nor may you create a link to any part of our Platforms other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our Platforms other than that set out above, please contact our Customer Care team – details of which appear in clause 44 below.
36. WE MAY END YOUR RIGHTS TO USE THE PLATFORMS AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the Platforms and related Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Platforms and related Services:
You must stop all activities authorised by these terms, including your use of the Platforms and any of its related Services.
You must delete or remove the Platforms from all devices in your possession and immediately destroy all copies of the Platforms which you have and confirm to us that you have done this.
We may remotely access your devices verify and remove the Platforms from them and cease providing you with access to the Services. Our Platforms is made available free of charge.
We do not guarantee that our Platforms, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platforms for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
37. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will inform you via publications or platform notification if this happens and we will ensure that the transfer will not affect your rights under the contract.
38. NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights to Third Parties unless specified herein.
39. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
40. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
You agree to indemnify, defend and hold harmless justclean, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyers’ fees, resulting from any violation of these Terms, breach of your representations contained in these Terms or any activity related to your account (including infringement of any intellectual property rights or negligent or wrongful conduct) by you or any person accessing the platform using your account.
These Terms are between you and us. No other person shall have the right to enforce any of these terms.
43. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by Kuwait law. In the event of a dispute, claim or disagreement which cannot be resolved amicably between us, it is agreed that before any Court proceedings are pursued which must be through the Kuwait Courts, the parties shall first submit their claim to mediation under the International Chamber of Commerce Mediation Rules. If such dispute has not been resolved within ninety (90) days following a request for mediation by one of the parties, then either party shall be at liberty to bring legal proceedings in the Kuwait Courts.
44. SUPPORT FOR THE PLATFORM AND HOW TO TELL US ABOUT PROBLEMS
Services Failures. Please contact our Customer Care team and tell us as soon as reasonably possible if you encounter a problem with the Services. Support. If you want to learn more about our Platforms or the Services we offer or have any problems using them please contact our Customer Care team.
Contact us (including with complaints). If you think our Platforms or of the Services we provide are faulty or misdirected or wish to contact us for any other reason please contact our Customer Care team.
How we will communicate with you. If we have to contact you we will do so by telephone, email, platform notifications, SMS or by pre-paid post, using the contact details you have provided to us.
45. OUR TRADEMARKS ARE REGISTERED
The justclean trade mark is a GCC registered trademark of JUSTCLEAN GENERAL TRADING COMPANY W.L.L. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under these Terms and with the consent of justclean.
TERMS AND CONDITIONS
FOR THE USER OF JUSTSANITIZE PLATFORM
We draw your attention is particularly to the provisions of clause 13 (Limitation of liability).
- About us
- Company details. Justclean general trading company W.L.L (company number 360489 (we and us) is a company registered in Kuwait and our registered office is at KUWAIT CITY. Our main trading address is Kuwait city, Sharq, al hamra tower floor 65. Notwithstanding your resident country namely the jurisdiction in which your JustSanitize account is linked either through where your use or as determined by us based on the data associated with your JustSanitize account, the Contract shall be with us. Any references to JustSanitize in these Terms shall be a reference to us.
- We operate the JustSanitize platform which is an electronic platform that allows parties to order and purchase home sanitizing services at locations specified by such customers.
- Contacting us. To contact our customer service team please email to [email protected] How to give us formal notice of any matter under the Contract is set out in clause 2.
- Our contract with you
- Our contract. These terms and conditions (Terms) govern and apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. As soon as you place an order on the JustSanitize platform these Terms will be applied and we have entered into the Contract with you. If you do not agree with these Terms you must not use the platform nor order any of the Services offered.
- Entire agreement. This Contract and its amendments represent the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in this
- These Terms and the Contract are made in the English and Arabic languages. If there is any inconsistency between the two then the Arabic language version shall prevail.
- Eligibility for services. You acknowledge and warrant that: (1) your use of the Services has never been disabled and you have never been prevented from using them at any time (2) you are not a competitor of JustSanitize and you do not offer any competitor products or services that those of JustSanitize and (3) you have the full legal capacity and authority to contract and that you will not be in violation of any law or contract, and that you have no case law, arrests, warrants or claims with any authorities.
2.5 Pledges and Guarantees. You acknowledge and warrant that you will:
- Comply with all laws and regulations in force in the country you use JustSanitize.
- Provide correct and accurate information to JustSanitize and update it periodically.
- Provide access for our representatives to carry out the Services at any reasonable time.
- Provide all facilities at the premises that we may reasonably require to carry out the Services;
- Fully follow and comply with any recommendations that may be made by our representatives in order for them to carry out the Services fully and safely
- pay us an additional charge at our normal hourly rate (which is set out in the platform) for any journeys we may make where you do not allow us access to carry out the Services;
- Review and comply with any notices sent through JustSanitize regarding your use of the Services provided by the JustSanitize
- Not hinder the proper operation of the JustSanitize
- Not attempt to harm the platform in any way.
- Not copy or distribute the platform or other content without obtaining written permission from JustSanitize.
- Keep your account password or any identification method provided by you and provide access to your account, in a safe and confidential manner.
- Provide us with all information and evidence of your identity at the discretion of your private JustSanitize representative.
- Agree that JustSanitize has the right to refuse to provide the Services or the use of the platform without giving reasons.
- Your copy. You should save a copy of these Terms to your computer for future reference.
- Placing an order and its acceptance
- Placing your order. Please follow the onscreen prompts on the platform to place your order. You may only submit an order using the method set out on the platform. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
- Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
- Acknowledging receipt of your order. After you place your order, you will receive an SMS from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.
- Accepting your order. Our acceptance of your order takes place when we send an SMS to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate to those Services confirmed in the Order Confirmation.
- If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by SMS and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
- Cancelling your orderand obtaining a refund
- You may cancel any order placed and receive a refund, if you notify us as set out in clause 2 within one (1) hour of your receipt of the Order Confirmation. You cannot cancel the order once we have completed the Services.
- To cancel the order, you must contact the representative of JustSanitize on the contact details that will be provided to you as part of the Order Confirmation. We will SMS you to confirm we have received your cancellation.
- If you cancel the order, we will refund you in full for the price you paid for the Services, by the method you used for payment. We may deduct from any refund an amount for the supply of the Services provided for the period up to the time when you gave notice of cancellation in accordance with clause 2. The amount we deduct will reflect the amount that has been supplied as a proportion of the entirety of the order.
- Our services
- Descriptions and illustrations. Any descriptions or illustrations on our platform are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
- Compliance with specification. Subject to our right to amend the specification (see clause 3) we will supply the Services to you in accordance with the specification for the Services appearing on our platform at the date of your order in all material respects.
- Changes to specification or Services. We reserve the right to amend the specification of the Services at any time at our discretion or to suspend the Services at any time by posting a notice on the platform of JustSanitize and we reserve the right to place restrictions on certain features on the platform or Services and/or limit your access to portions of the Services without notification to you.
- Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
- Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates and times will not give you the right to terminate the Contract or to seek any other remedy against us.
- Your obligations
- It is your responsibility to ensure that:
- the terms of your order are complete and accurate;
- you co-operate with us in all matters relating to the Services;
- you provide us with such information we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- you comply with all applicable laws, including health and safety laws;
- you will not share your user name and password or other credentials with any other party for them to access the JustSanitize platform;
- you are solely responsible for the privacy of the Services and you are solely responsible for the use of the platform or Services by anyone else using your account and/or username, password or your access credentials. You agree to notify us forthwith if you become aware of any loss, theft or unauthorised use of any password, username, IP address or other methods of accessing the platform or the Services; and
- you will defend, hold harmless and indemnify JustSanitize and its affiliated companies, its officials and managers and other representatives, employees, lawyers and agents and not to harm them and absolve them of any claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees) arising or related to: (1) your violation of any of these Terms or any applicable laws or regulations whether or not referred to in these Terms or (2) your violation of any rights of others including service providers connected with providing the Services to you by use of the JustSanitize platform or (3) your use or misuse of the platform and/or Services.
- If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
- we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 15 (Termination);
- we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
- it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
- It is your responsibility to ensure that:
- Services in Kuwait and the U.A.E only
- Unfortunately, we are unable – in the meantime – to perform the Services at addresses outside the territories of Kuwait and the UAE respectively.
- You may place an order for the Services from an address outside of each of these territories, but the order must be for performance of the Services to an address in such territories only. Further the Services do not include delivery from one territory to another.
- In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 8.
- The Charges are the prices quoted on our platform at the time you submit your order.
- If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
- We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 8.8 for what happens if we discover an error in the price of the Services you ordered.
- Our Charges may change from time to time at the discretion of JustSanitize, but changes will not affect any order you have already placed.
- Our Charges are exclusive of any applicable taxes. Where any taxes are payable in respect of some or all of the Services you must pay us such additional amounts in respect of such taxes, at the applicable rate, at the same time as you pay the Charges.
- It is always possible that, despite our best efforts, some of the Services on our platform may be incorrectly priced. Where the correct price for the Services is less than the price stated on our platform, we will charge the lower amount and if the correct price for the Services is higher than the price stated on our platform, we will contact you by SMS as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by SMS. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
- How to pay
- Payment for the Services is in advance. We will take any applicable Charges upon acceptance of your order and/or in anticipation of purchasing any item(s) on your behalf as referred to in clause 8.6
- You can pay for the Services using a debit card or credit card or Knet or alternatively by way of cash payment to the JustSanitize representative which must be made before the Services are commenced. We accept the following cards: Mastercard and Visa.
- If you fail to make a payment under these Terms, then we shall have the right to terminate the Contract forthwith and prevent you from using the platform or Services in the future.
If a problem arises or you are dissatisfied with the Services, you are requested to contact our Customer Care team by email to: [email protected]
- Intellectual property rights
- All intellectual property rights in or arising out of or in connection with the Services and or in relation to our platform will be owned by us at all times. Save as set out in this clause 11 you must not reproduce the Services or any trademarks or trade names that appear in the Services and/or the JustSanitize platform.
- We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the Services and such deliverables. You may not sub-license, assign or otherwise transfer the rights granted in this clause 2.
- You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
- How we may use your personal information
- We will use any personal information you provide to us to:
- provide the Services;
- process your payment for the Services; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
- We will use any personal information you provide to us to:
- Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
- We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for the following losses:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill;
- losses that we could not have reasonably expected to have anticipated, and
- any indirect or consequential loss.
- Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, failure to provide the Services in accordance with these Terms, failure use reasonable skill and care or otherwise, will be limited to the amount of charges you have paid for the Services.
- Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire after 7 days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
- JustSanitize is not responsible for any damages resulting from your use or inability to use the platform including damages caused by malware or viruses nor are we responsible for the incorrectness or incomplete information on the platform.
- This clause 13 will survive termination of the Contract.
- We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for the following losses:
- We each undertake that we will not at any time disclose to any person any confidential information concerning the other except as permitted by clause 2.
- We may disclose your confidential information:
- to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under the Contract. We will ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may only use your confidential information for the purpose of fulfilling our obligations under the Contract.
- Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect without giving written notice to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 2 days of you being notified in writing to do so;
- you fail to pay any amount due under the Contract on the due date for payment;
- you violate the conditions of the user on the platform or otherwise stated by JustSanitize, or
- JustSanitize considers that you are abusing the platform or Services.
- You may terminate the Contract at any time by permanently deleting the platform installed on your smartphone thereby disrupting your use of the platform and/or Services. You can close your user account at any time.
- Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
- Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect without giving written notice to you if:
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
- You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 7 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
- Health and Safety
You shall ensure that all advice and instructions we give you for the protection of the health and safety of anybody at your premises are followed. You must inform us of any hazards that we may encounter whilst working at your premises. We confirm that any substances used to sanitize your premises and in the provision of the Services shall be approved by the appropriate regulatory authorities.
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.
- Communications between us
- When we refer to “in writing” in these Terms, this includes SMS.
- Any notice or other communication given by one of us to the other under or in connection with the Contract can be by way of SMS or via the platform or to the email address registered in the account information entered by you on the JustSanitize platform.
- The provisions of this clause (19) will not apply to the service of any proceedings or other documents in any legal action.
- Assignment and transfer.
- We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on our platform if this happens.
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- JustSanitize reserves the right to amend or change these Terms or the Services it provides without prior notice, and it is your responsibility as a user of the platform to review the Terms periodically to see updates that are relevant through the link in the platform menu.
- If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. The Contract is governed by Kuwait law and regulations and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Kuwait courts. In the event of a dispute, claim or disagreement which cannot be resolved amicably between us, it is agreed that before any court proceedings are pursued, the parties must first submit their claim to mediation under the International Chamber of Commerce Mediation Rules. If such dispute has not been resolved within ninety (90) days following a request for mediation by one of the parties, then either party shall then be at liberty to bring legal proceedings in the Kuwait courts.
- Assignment and transfer.
- last amended date 00/5/2020