1. Terms & Conditions

• Welcome to Kept. Kept operates an online app dedicated to connecting customers with Cleaners. 
• These terms and conditions (Terms) set out the terms governing your use of the Kept App at www.kept.nz and any other affiliated app or associated software that Cleanseekers Limited (we, us or our) may introduce from time to time (together, the Kept App).
• In these Terms, when we say “you” or “your”, we mean you, or, if you are agreeing to these Terms not as an individual but on behalf of an entity, then we mean that entity. 
• Please read these Terms carefully before accessing or using the Kept App. By using the Kept App, you are deemed to have read, and agree to be bound by, these Terms. 
• We may at our discretion amend these Terms from time to time. We will endeavour to give you reasonable notice of material changes to these Terms before they become effective, unless immediate changes are required for reasons beyond our reasonable control. When we notify you, we will do it by email, or by posting a notice through the Kept App or on our website. If a change to these Terms is not material, we may not notify you.
• On the Kept App you can order cleaning services (Services) performed by individual cleaners (Cleaner) who are self-employed or otherwise employed by or contract to third party cleaning companies (Cleaning Company).  We do not own, control, offer or manage any of the Services, and we are not a party to the contracts entered into directly between you, the Cleaner and/or the Cleaning Company. 
• If you have any questions or concerns in relation to the Kept App or these Terms, please contact us at support@kept.nz.

2. Making a Booking

• You can search for available Cleaners on the Kept App by inputting certain search criteria (location of clean, details of location to be cleaned, date of clean and any special requirements). The Kept App will generate a list of Cleaners that align with your search criteria. 
  
• Once you select a Cleaner, the Kept App will require you to register an account and user profile with your personal information including your name, address, phone number and payment details (User Profile). You must create a User Profile before we can confirm a booking for a Cleaner (Booking). When you receive confirmation of your Booking, a contract for Services is deemed to be created directly between you and the Cleaning Company, and you will be responsible for complying with all terms of that contract in addition to these Terms.
  
• To register and maintain a User Profile on the Kept App, you must:
  a. be at least 18 years old;
  b. have a current New Zealand residential address; and
  c. complete the user registration process on the Kept App; and
  d. comply with these Terms at all times.
  
• You are responsible for all actions taken through your User Profile.  You must keep your login information (including your email address and password) secure and confidential at all times. If you become aware of any unauthorised activity on your User Profile, you need to let us know immediately.
  
• Once your User Profile has been created, your Booking can be confirmed by us. Once a Booking is confirmed we will email you a confirmation of the Booking which will include the Cleaner’s contact details, the details of the Services to be provided and an invoice of the Booking Fee referred to in clause 3.3 below. 
  
• You are not able to contact the Cleaner directly through the Kept App. By making a Booking, you authorise us to provide your contact details to the Cleaner and/or the Cleaning Company so that you can contact each other to discuss the details of the Booking. 
  

3. Payments

• Subject to clause 3.2, payment for the Services will be taken from your nominated credit card, debit card, or other approved methods of payment (Nominated Account) at the time you confirm the Booking. 
  
• If you have a repeat Booking on the Kept App, payment for the Services will be taken from your Nominated Account approximately 72 hours prior to each Booking. If the payment fails, Kept will attempt to take payment again 48 hours and 24 hours prior to the Booking.  In the event that the payment fails on the last attempt, Kept reserves the right to cancel all future repeat Bookings.
  
• You agree to pay all charges that apply to each Booking, including: 
  a. the Cleaner’s hourly rate for the Services, together with any additional amounts charged by the Cleaner and/or the Cleaning Company for specific Services (e.g. oven clean), as displayed on the Kept App at the time you confirm the Booking (Cleaner’s Fee); and
  b. our service fee for facilitating your Booking, which is equal to 15% of the Cleaner’s Fee (Kept Fee), (together, the Booking Fee). The Booking Fee will be displayed in NZ dollars and inclusive of GST. 
  
• We reserve the right to change our service fee at any time in accordance with these Terms. If you find a change in fees unacceptable, you may terminate your User Profile by giving us the standard advance notice.     
  
• You will not receive a refund if the Service takes less time than calculated by the Kept App at the time you confirm the Booking. 
  
• We use ‘Stripe’ as our payment processing partner. By confirming a Booking on the Kept App you authorise us to instruct Stripe to charge your Nominated Account for all fees due in connection with your User Profile in accordance with these Terms. 
  

4. Reviews

• When trying to find a Cleaner we understand the importance of trust. Our review system is designed to connect customers with reliable and trustworthy Cleaners. 
  
• After each clean you will have an opportunity to place a review on the Kept App. 
  
• Reviews must:
  a. be factual and not contain offensive, defamatory or inappropriate language; 
  b. be provided for the sole purpose of facilitating the Services. You must not market or export any feedback to any venue other than the Kept App; and
  c. relate to a specific transaction between you and a Cleaner and/or the Cleaning Company. You must not post feedback about a transaction that does not relate to that specific transaction.
  b. be provided for the sole purpose of facilitating cleaning services. You must not market or export any feedback to any venue other than the Kept App; and
  c. relate to a specific transaction between you and the Cleaner and/or the Cleaning Company. You must not post feedback on a transaction that does not relate to that specific transaction.
  
• You expressly agree that you are solely responsible and liable if any feedback or content within your review violates or infringes the intellectual property or privacy rights of any third party, and we may (but will not be obliged to) remove or delete any review that you submit to the Kept App. We may also publish your feedback, including reviews, ratings and statistics based on your activity on the Kept App, and use it for marketing purposes or to monitor the performance and continued membership of the Cleaners and/or the Cleaning Company. 
  

5. Cancellation and rescheduling

• You have the right to cancel or (if other times are available) reschedule a Booking, subject to the conditions for each scenario set out in the table below:
  
• Unless expressly stated, no refund of the Kept Fee is due to you if you cancel or reschedule a Booking in accordance with these Terms.
  
• You cannot amend, extend, reschedule or cancel a Booking less than 1 hour before the start time of the Booking, or at any time during the performance of the Services.
  
• If the Cleaning Company is unable to fulfil a confirmed Booking (in full or part), you must notify us within 24 hours by contacting us on support@kept.nz.
  

Cancelling a booking

Rescheduling a Booking

6. Dispute Resolution

• Where any dispute arises between you, the Cleaner and/or the Cleaning Company, you agree to use your best endeavours to attempt to resolve the dispute in good faith through negotiations or other informal means before pursuing any formal legal action.
  
• As we are not a party to any transaction between you, the Cleaner and/or the Cleaning Company, we have no obligation to resolve any dispute that arises in connection with the Services. We will however use reasonable endeavours to mediate any dispute. 
  
• If you have not received a response from the Cleaning Company within 48 hours of notifying them of the dispute please email us at support@kept.nz with the booking reference, details of the issue (including photographic evidence) and any other information we may request. We will attempt to mediate the issue for you but do not guarantee a satisfactory resolution.  
  
• We require at least 7 business days to respond to a dispute that is referred to us.
  
• We may (but will not be obliged to) provide you a refund or reschedule your Booking in the following circumstances:  
  a. If the Cleaner did not show up to a Booking; 
  b. If the Cleaner did not perform the Services as set out in the confirmation email; or 
  c. If excessive damage is caused to your property by the Cleaner during the provision of the Services.
  

7. No Responsibility

• We are not responsible for any acts or omissions of the Cleaner and/or the Cleaning Company and give no representations or warranties:
  a. as to the integrity, reliability or solvency of the Cleaner and/or the Cleaning Company or their ability to complete the Services;
  b. as to the content, safety, description, suitability, quality or legality of the Cleaner and/or the Cleaning Company and/or the Services;
  c. that any Services will satisfy your requirements or expectations; or 
  d. that the Cleaners and/or the Cleaning Company hold appropriate general and public liability insurance.
  
• We are not responsible for the misconduct of Cleaner and/or the Cleaning Company including those that have registered on the Kept App under false pretences or who attempt to defraud you.
  
• We advise you to satisfy yourself as to the accuracy of the information provided by the Cleaner and/or the Cleaning Company.
  
• We provide the Kept App to manage independent Cleaners and Cleaning Companies. We are not the employer of the Cleaners and/or the Cleaning Company. You acknowledge that we do not supervise, direct, manage, or control a Cleaner’s work or any Services in any manner. The Cleaning Company provides Services to you as a separate entity, and is not in a relationship of employment, joint venture, partnership, agency, or franchise with us for any purpose whatsoever.
  

8. Risk and Liability

• You acknowledge and agree that all transactions and other contact between you and the Cleaner and/or the Cleaning Company are conducted entirely at your own risk and that we do not act as agent for the Cleaner and/or the Cleaning Company nor do we participate directly in any transactions between you and the Cleaner and/or the Cleaning Company.
  
• The Kept App is provided on an "as is" basis.  Except for any non-excludable warranties, guarantees or other rights provided by law, we disclaim all warranties (whether express, implied or statutory) relating to the Kept App and are only bound by the promises made in these Terms.
  
• To the maximum extent permitted by law, our liability under or in connection with these Terms, the Kept App or your use of the Kept App (regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise) shall not exceed an amount equal to: (a) the Booking Fee in respect of which the liability arises, or (b) the sum of NZ$100, whichever is the lesser amount.  Our liability is excluded in respect of any loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss, except to the extent such liability arises solely and directly from a material breach of these Terms by us or our negligence.
  

9. Privacy Policy

• You consent to receiving communications (including emails and newsletters) from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing.  For the purposes of the Electronic Transactions Act 2002, you agree to be bound by any agreement reached through electronic means.  You can unsubscribe from any marketing communications at any time.
  
• Any email communication we send to the email address you provided at the time you registered as a user of the Kept App will be deemed to have been received by you 24 hours after it was sent.  You must update your email address on the Kept App as required to ensure that it remains current at all times.  We will have no liability to you or any other person for failing to deliver notices as a result of inaccurate account information nor will we be required to contact you by alternate means if we receive notice by return email to the effect that your email address does not exist or if our email is otherwise undeliverable.
  
• We are committed to protecting your privacy.  Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information.  You can find our Privacy Policy here:  By using the Kept App, you accept our Privacy Policy and consent to the collection, use and disclosure of personal information in accordance with our Privacy Policy.
  

10. Intellectual Property

• We own all proprietary and intellectual property rights in:
  a. the Kept App;
  b. the software and other material underlying and forming part of the Kept App; 
  c. any trade marks, text, graphics, photos, logos, videos and copyright works relating to the Kept App; and
  d. all communications (including emails and newsletters) we send you in relation to the Kept App, 
  (together, Kept IP Rights). 
  
• You must not, without obtaining our prior written approval, in any form or by any means, copy, store, display, publish, distribute, reproduce or create derivative works of any part of the Kept IP Rights. You acknowledge that any breach by you of this clause may cause damage to us which cannot adequately be remedied by damages and that, if you breach or act in a way which threatens to breach this clause, we may seek injunctive relief against you.
  
• You grant us an irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify and adapt any content and information you create on the Kept App for the purposes of publishing material on the Kept App and as otherwise may be required to provide our services, for the general promotion of the Kept App and as otherwise may be permitted by these Terms.
  

11. Unauthorised Use

• You must not:
  a. modify, interfere with or damage the Kept App or any software or hardware underlying or connected to the Kept App in any way;
  b. upload files that contain viruses, trojan horses, corrupted files or any other similar software that may damage the operation of another person’s computer;
  c. use any data mining, robots or similar data gathering or extraction methods in connection with the Kept App;
  d. harvest or collect any information (including contact details) in relation to other users, Cleaners and/or Cleaning Companies;
  e. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble the Kept App (or any part of it); 
  f. commit fraud or other illegal acts through the Kept App; or 
  g. act in a way that is abusive or disrespectful to a Kept employee, partner or other Kept customer.
  

12. Termination

• We may at our discretion terminate your User Profile and use of, or access to, the Kept App at any time by providing you with one month’s written notice. We may also terminate or suspend your User Profile and access to the Kept App immediately if:
  a. you breach these Terms and do not remedy the breach within 14 days after receiving notice of the breach;
  b. you breach these Terms and the breach cannot be remedied; or
  c. you fail to pay any fees due to us.
  
• If your use of the Kept App is terminated:
  a. you are no longer authorised to access the Kept App; and 
  b. you will still need to pay all relevant fees up to and including the date of termination.
  
• You may terminate your user profile by emailing us at support@kept.nz. We will disable your User Profile within 7 days of receipt of the email requesting termination of your user profile.
  
• No refund is due to you if either party terminates your User Profile in accordance with these Terms.
  

13. General

• Nothing in these Terms will constitute any relationship of employer and employee, principal and agent, or partnership between the parties.
  
• No waiver by us of any breach or failure to enforce any provision of these Terms by us in any way affect, limit or waive our right to subsequently enforce and compel strict compliance with these Terms.
  
• If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, the part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and the remaining terms are binding.
  
• We are not liable to you for any failure to provide the Kept App or to otherwise perform our obligations under these Terms, to the extent the failure is caused by something beyond our reasonable control.
  
• The laws of New Zealand will govern any disputes arising out of or relating to use of the service or these Terms. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Kept App.