Terms & Conditions

1. User agreement

• 1.1 By using: (a) the myiButler.com.au website and any of its associated services and functionality; or (b) the myiButler mobile application, (in each case, the "Website") you signify your agreement to be bound by these terms and conditions ("Agreement", “Terms”). Please read this Agreement carefully before using the Website. If you use the myiButler system you are giving us that permission and agreeing to our Privacy Policy and all of the terms and conditions that follow.
• 1.2 This Agreement is formed between you and myiButler Pty Ltd (referred to in this Agreement as “iButler”, “myiButler”, “myiButler.com.au”, “Platform”, “Company”, "We", "Us" and "Our").
• 1.3 Anyone who uses the Website is referred to in this Agreement as “the Customer”, “user”, "you" and "your".
• 1.4 If you do not agree to any terms and conditions of this Agreement, you must not use the Website or application.
• 1.5 We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes. We will endeavour to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the mobile application, but we are under no obligation to do so. You should regularly check this Agreement to make sure you are familiar with the most current version.
• 1.6 By using or visiting the myiButler platform, you agree to be bound by these Terms, as well as all applicable laws and regulations governing the myiButler platform and service providers.

2. Registration

• 2.1 You must be a registered member to make orders and access some features of the Website or Application.
• 2.2 When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.

3. User Representations

• 3.1 You represent and warrant that:(a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into a legally binding agreement with us; (c) you will use the Website in accordance with this Agreement.

4. Your Use of the Website

• 4.1 The only authorised access point to the Website is via http://www.myibutler.com.au/ and its associated mobile application. We will not be responsible in any way for access outside these access points.
• 4.2 You agree to use the Website only for purposes that are permitted by: (a) this Agreement; (b) any applicable law or regulation; and/or (c) generally accepted practice or guidelines.
• 4.3 You must not (or attempt to): (a) access any part of the Website by any means other than through the interface provided by us; (b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website; (c) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; (d) or use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
• 4.4 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
• 4.5 You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
• 4.6 You must not use another member's account without our, and/or the other user’s, express permission.
• 4.7 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
• 4.8 You may only use the myiButler platform or services for lawful purposes and in lawful ways. You must not use the myiButler platform for sending or storing any unlawful material or for fraudulent purposes. You must not access the myiButler platform whilst in charge of or otherwise being responsible for the operation of a motor vehicle or any other machinery that requires your close attention.
• 4.9 You must not try to harm the myiButler platform in any way whatsoever.
• 4.10 You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by myiButler for use in connection with the myiButler platform and myiButler system and other services. In particular, you acknowledge that for security and safety reasons it is essential that any arrangement made using your credentials must be for services requested by you personally. You expressly agree not to share your user ID and/or password with any other person nor to allow any other person to use your user id or password. You are personally liable for all arrangements made using your user ID and/or password, and you agree to notify myiButler immediately you suspect any unauthorized use of your user ID and/or password or any other breach of security related to the myiButler platform. If you are concerned that your password has been compromised, or you have lost your mobile device, it is your responsibility to change your password within the myiButler platform, notify myiButler immediately, and cancel any outstanding requests in your name in the myiButler platform. myiButler is not liable for any loss or damage which arises or might arise from your failure to safeguard your user ID, password, mobile device, and to comply with this clause.
• 4.11 Illegal and/or unauthorized uses of the myiButler platform, whether for unauthorized service bookings, unauthorized framing of or linking to the myiButler platform will be investigated and appropriate action will be taken. Any booking by another person using your myiButler account may result in the immediate suspension or termination of your right to use the myiButler platform and any other services provided by myiButler.

5. Termination of Services

• 5.1 We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.
• 5.2 We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
• 5.3 We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.

6. Changes to the Website

• 6.1 We aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.

7. Disclaimer and Liability

• 7.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
• 7.2 Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of: (a) errors, mistakes or inaccuracies on the Website; (b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;(c) personal injury or property damage of any nature resulting from your access to or use of the Website; (d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; (e) any interruption or cessation of transmission to or from the Website; (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or (g) the quality of any product or service of any linked sites.
• 7.3 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
• 7.4 Except as required by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities or our Service Providers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

8. Breach of these Terms and Conditions

• 8.1 If you breach these Terms or use the myiButler platform in a manner which injures or causes financial or emotional loss to any other person, myiButler may immediately terminate your use of the myiButler platform, and/or take legal action against you without further notice and may charge your credit card or otherwise draw from the funding means you have provided any amount that myiButler believes to be appropriate to compensate any person wholly or in part for your acts or omissions.
• 8.2 myiButler may disclose your personal information if required by law or subpoena, or if the information is necessary or appropriate to release in aid of addressing any adverse consequences to any person of any act or omission on your part. This is in addition to any other uses permitted under our Privacy Policy and any other provision of this document.
• 8.3 myiButler has no obligation to provide any refund or compensation to you if you are terminated as a user of the myiButler platform even if it subsequently transpires that you did nothing wrong, and you acknowledge that swift but inadequately-informed action may sometimes need to be taken by myiButler or government authorities if they believe that to be necessary to protect service providers or Customers.

9. Disclaimers

• 9.1 myiButler will use reasonable efforts to locate adequate and qualified service providers who may be able to satisfy your service requirements but the fulfillment of your request is not guaranteed either in your specified time frame or at all, and whether or not to your satisfaction.
• 9.2 Please note that we will endeavour to get to your premises at the exact booked timing, but as we won’t leave until a job is 100% done, this may cause a delay in getting on time! All our booking time has a variation of 90 minutes on start time. We appreciate your understanding.
• 9.3 myiButler does not promise that the myiButler platform will be error-free or its use uninterrupted. The myiButler platform and any services provide to you by myiButler are made available on an "as-is" and "as-available" basis subject only to your non-excludable rights under the Australian Consumer Law.
• 9.4 myiButler cannot ensure that files you download from the myiButler platform will be free of viruses or contamination or destructive features although myiButler will take steps consistent with industry practice to protect against this occurring.
• 9.5 myiButler does not by these Terms exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 or the Australian Consumer Law which cannot lawfully be excluded, restricted or modified. myiButler otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of the myiButler platform whether based in statute, common law or otherwise, including for negligence.
• 9.6 myiButler disclaims any and all liability for the acts, omissions and conduct of any third party users, myiButler users, advertisers/sponsors on the myiButler platform, in connection with the myiButler service or otherwise related to your use of the myiButler platform and/or the myiButler service. myiButler is not responsible for the service providers and service providers’ staff, services, actions or failure to act or other third party in connection with or referenced on the myiButler platform. We will use reasonable efforts to inform you by way of our rating and rewards system of the Customers’ rating of any service providers you book but you acknowledge that we cannot verify the accuracy of these ratings as they are based on the personal views of fellow Customers.
• 9.7 Without limiting the other provisions of this clause, you may report the misconduct of the service provider and service provider’s staff that you encounter in connection with your use of the platform at info@myiButler.com.au and we may investigate the claim and take appropriate action, in its sole discretion, without further reference to you.
• 9.8 You acknowledge that by using the myiButler platform, and despite the steps that we take to reduce that risk, you still may be exposed to untrustworthy service providers, and that you use the myiButler platform at your own risk. You agree to take sensible steps to look after your own safety and security, myiButler disclaims any and all liability for any personal injuries, death, property damage, or other damages or expenses resulting from using the myiButler platform. myiButler has no liability and will make no refund in the event of any strike, force majeure or other causes beyond myiButler commercially reasonable control, and has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

10. Bookings

• 10.1 The Customer must make a booking by using myiButler application or the Website.
• 10.2 At the time of booking the Customer must provide detailed description and frequency of work required, access details, as well as any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the premises. We reserve the right to inspect and confirm the criteria you provided; we reserve the right not to accept a booking for any reason.

11. Payment Methods, Pricing and Fees

• 11.1 You authorise myiButler to processes your charge, credit or debit card which may include: Visa, MasterCard, American Express, Diners Club and PayPal to pay for any services arranged through use of the myiButler platform whether supplied by myiButler or a third party, including service providers.
• 11.2 myiButler DOES NOT keep any records of your credit card details, and can not be held responsible for your credit card details, our payment gateway is eWay – Australia, please review eWay - Terms and Conditions (http://www.eway.com.au/company/legal)
• 11.3 To the extent to which you request any service beyond that for which a legally regulated fare is payable, you agree that such service is acquired by you from myiButler and that myiButler is authorised to pay service providers on your behalf and as your agent any amount legally payable by you to that service provider.
• 11.4 You acknowledge that myiButler will seek to meet your requirements by various means of inducement to service providers, partners or employees which may or may not have any correlation with the amount you are willing to pay for the service or benefit which you request.
• 11.5 You agree that it is none of your concern and myiButler is not required to account to you for any amounts you pay to myiButler. You expressly acknowledge and accept that myiButler has made or may make commercial arrangements with third parties: service providers, partners or employees in respect of any amount you are legally required to pay that third parties which may result in that third parties receiving more or less than the amount you pay to myiButler in respect of any particular service.
• 11.6 If you require any additional services or variations at the time the Service is being performed, you must first input your request to myiButler, who may agree to provide the additional services in its absolute discretion. The service provider is not authorised to agree to any changes or charges to the Service being provided. The Customer must not request such changes directly from the service providers. In the case of cleaning services all extra services can be added to your regular service under extra services.
• 11.7 Home cleaning services are limited to 3 hrs per visit considering the condition and state of the house, the cleaner might advise to charge a $30 fee per additional hours.
• 11.8 myiButler may also charge you a fee for processing your Visa, MasterCard, American Express or Diners charge, credit or debit card and this will be charged on the amount total plus all taxes.

12. Non-access & cancelation

• 12.1 In the event that the Customer does not provide unencumbered access: - to the premises and - to a free parking (less than 1 km from the premises) for myiButler team to provide the Service, the Customer agrees to pay myiButler a cancellation fee as highlighted in clause 13 for administrative and travel costs and loss for failing to do that. (or pay the parking fees for the period spent at the premises.)
• 12.2 The Customer must provide myiButler with a notice prior (clause 13) to the service time, if the Customer wishes to suspend, postpone or cancel the service for any reason. In the event that the Customer does not provide the notice prior required to the commencement of the service by type of Service, the Customer agrees to pay the Company a cancellation fee for administrative costs and loss.
• 12.3 If you need to cancel a service request made through the myiButler platform you MUST cancel that request using the myiButler platform.

13. Notice period & Cancelation Fees

• 13.1 The customer can cancel or amend a booking, free of charge up to 24 hours before the service is sheduled to begin.
• 13.2 The customer will have to pay cancelation fee of $50 if he/she cancel or amend a bookings within 24 hours before the service is scheduled to begin.

14. Accidents, breakage, damage & theft

• 14.1 You must inform us of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the service providers within 24 hours of completion of the service.
• 14.2 To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported within 24 hours of completion of the Service.
• 14.3 To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of the service provider under these terms and conditions: cash, jewelry, art, antiques, and items of sentimental value.

15. Exclusions and limitations

• 15.1 The only conditions and warranties which are binding on myiButler in respect of the state, quality or condition of goods and services supplied by the service provider to Customers are those imposed and required to be binding by statute.
• 15.2 To the extent permitted by statute, the liability, if any, of myiButler is, at the Company’s option, limited to and completely discharged by the resupply of the Service. We are not responsible for: (a) Not completing or providing the service as a result of a breach of a warranty by the Customer (including a failure by the Customer to provide a safe working environment or unencumbered access to the Premises); or (b) Any damages caused by defective materials or equipment provided by the Customer; (c) Not completing or providing the service as a result of the service provider not proceeding for health and safety reasons; (d) Any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of the service provider; (e) Not completing or providing the service due to an act or omission of the Customer or any other person at the premises during provision of the service; (f) Any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the premises; (g) The cost of any key replacement or locksmith fees, unless keys were lost by myiButler teams.
• 15.3 The Customer acknowledges that the results of any services provided may vary depending on a number of factors and that myiButler gives no guarantee as to the actual results of the service.
• 15.4 Except to the extent provided in clause 15, the Company has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by the myiButler teams (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by the service provider).

16. Our Rating system

• 16.1 The myiButler platform accommodates ratings, recommendation, for myiButler teams by Customers (and vice versa). Ratings may be based on a number of factors including superior service, professionalism, cleanliness, language proficiency, and other skills.
• 16.2 You agree that your rating may be disclosed to service providers, whilst myiButler intends to suspend service providers who receive consistently poor ratings, myiButler cannot guarantee that any service provider will meet your requirements.

17. Promotional Codes, Vouchers and Gift Cards

• 17.1 myiButler reserves the right to change or terminate any promotion at any time without notice.
• 17.2 Promotional Codes, Vouchers and Gift Cards are limited to single use by user and cannot be replaced, transferred, re-used or split used, exchanged for cash, or refunded (even if lost, stolen, expired, damaged or if specific service or service provider is not available at time of booking or redemption); and change will not be given irrespective of the service pricing. Same applies in case you cancel a booking paid using a promotional code, voucher or gift card.
• 17.3 Promotional Codes, Vouchers and Gift Cards, must be surrendered upon redemption. (when applicable).
• 17.4 Maximum discount value $100 per booking on all promotions
• 17.5 Offers are not valid with any other promotional activity.

18. Customer representations and warranties

• 18.1 The Customer represents and warrants that: (a) It will provide a safe working environment at the premises for the service providers to perform the service; (b) The service providers will have unencumbered and unobstructed access to those areas of the premises requiring the service; (c) When applicable, it will provide the service provider with access to all services and utilities (including hot and cold water, electricity, necessary equipment or materials required and rubbish bins) as required by the service provider to provide the service; (d) It will advise the service provider prior to the commencement of the service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the premises; (e) It is authorised to use the premises and obtain the provision of service; (f) In case of a booked cleaning service, If the Customer requires the Cleaner to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and (g) It will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the service. (h) It will provide an accessible parking spot for the service provider’s vehicle while the service is being conducted (i) The service provider is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the premises. (j) The service provider may, either before or during the provision of the service not use or cease using any materials or equipment provided by the Customer if the service provider is of the opinion, that the use of such materials or equipment poses a risk to health and safety. (k) The service provider may, either before or during the provision of the service not provide or cease the provision of the service where carrying out the service presents, in the absolute discretion of the service provider, a risk to health and safety.

19 Privacy and Personal information

• 19.1 If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.