(02) 9984 8877- Enquiry Form
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(02) 9984 8877This Web Site is owned and operated by OzTibetan ® Care Services PTY. LTD. (“Company”). These pages state the Terms and Conditions under which you may use this Web Site. Please read these pages carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Your use of the Web Site shall be deemed acceptance of the Terms and Conditions. Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
The Company authorizes you to view and download a single copy of the material on this Web Site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material (collectively, “Material”), are protected by copyright under both Australia and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
Company does not warrant that the web site will operate error-free or that this web site and its server are free of computer viruses and other harmful goods. If your use of the web site or the material results in the need for servicing or replacing equipment or data, Company is ot responsible for those costs.
The web site and material are provided on an ”as is” basis without any warranties of any kind. The Company and its suppliers, to the fullest extent permitted by law, disclaim all wanrranties including the warranty of merchantability, non-infringement of third party rights, and the warranty of fitness for particular purpose. Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
In no event shall Company, its suppliers, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability of Company to you for all claims arising from the use of the Materials (including any Software) is limited to $1.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including any Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Generally, any communication which you may post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Company as confidential, that fact will be stated in “Legal Notices” on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the followings things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether or remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel users and prevent their further access to the Web Site for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web site, you do so at your own risk.
All software that is made available for downloading from the Web Site (“Software”), if any, is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclosed the information to third parties for such purposes.
This Web Site is based in Australia. The Company makes no claims the Materials are appropriate or may be downloaded outside of the Australia. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of New South Wales, Australia, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
These terms and conditions constitute the full and complete service agreement (the “Agreement”) between you (the “Customer”) and OzTibetan ® Care Services PTY. LTD, ABN 69 618 535 532 (“OzTibetan ®”), for the provision of services by OzTibetan ®.
Please take some time to review this Agreement. Use of our services, including the act of booking, constitutes your acceptance of these terms and conditions.
a) Subject to the terms of this Agreement, OzTibetan ® agrees to provide nursing & home care, cleaning services, home maintenance services, (the “Service”) to the Customer at an address specified by the Customer (the “Premises”).
b) The Service will be for such duties as agreed with the Customer at the time of booking.
c) OzTibetan ® will provide one or more team members (the “Team Member”) to attend the Premises to provide the Service at a time and date mutually agreed between OzTibetan ® and the Customer (the “Service Time”).
d) OzTibetan ® will provide all usual and necessary equipment and materials required by the Team Member to provide the Service to the Customer. Customers wishing for a Team Member to utilise customer owned equipment and materials shall advise OzTibetan ® at the time of booking.
e) OzTibetan ® attempts to provide the Service faithfully, diligently and in a timely and professional manner.
a) Any changes to the Service to be provided must be agreed with OzTibetan ® prior to the Service Time.
b) If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact OzTibetan’s Managers or Consultants by telephone, who may agree to provide the additional services in its absolute discretion. The Team Member is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Team Member.
The Customer represents and warrants that
a) it will provide a safe working environment at the Premises for the Team Member to perform the Service;
b) the Team Member will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
c) It will provide the Team Member with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Team Member to provide the Service.
d) it will advise OzTibetan ® prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease, grime or high risk substances at the Premises;
e) it is authorised to use the Premises and obtain the provision of Service;
f) if the Customer requires the Team Member to clean behind or under any heavy items (e.g. a fridge, bookshelf, or other furniture), those heavy items are moved prior to the commencement of the Service; and
g) it will secure or remove any fragile, delicate, breakable or valuable items, including cash, jewellery, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees that:
a) the Team Member is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
b) the Team Member 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 Team Member, a risk to health and safety;
c) the Team Member may use their absolute discretion to determine if any specific tasks, jobs or activities represent a risk to the health and safety of either themselves, nearby people or animals, and decide if those specific tasks, jobs or activities should be completed.
When making any determinations, the Team Member may take into account the real or perceived presence of, but not limited, any human or animal excrement, blood, blood splattering / spots or human or animal vomit. In most instances, where these items exist, Team Members will work around such items and will not clean them.
a) The Customer acknowledges that OzTibetan ® invests significant resources in recruiting, selecting and training its Team Members. Unless OzTibetan ® gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Team Member to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by OzTibetan ® or for a period within 12 months after the conclusion of any Service.
b) The Customer acknowledges that OzTibetan ® may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
a) The actual price payable by the Customer is based on the agreed contractual price. However, pricing may increase where unexpected significant additional work is required to achieve the tasks.
b) Any price quoted by OzTibetan ® is an estimate only based on OzTibetan’s experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 7 days from the date of the quote.
c) If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by OzTibetan ®, OzTibetan ® will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being fully completed.
d) The Customer must inform OzTibetan ® whether any cleaning services required are for an end of tenancy, bond clean, spring clean or after party clean at the time of quotation.
e) Surcharge will be levied for one off cleans, including bond, end of tenancy, spring and after or before party cleans.
a) For all bond and end of lease cleaning services, the Customer agrees to provide OzTibetan ® with
valid credit card details at the time of booking, and authorises OzTibetan ® to debit any card with an amount as requested by OzTibetan ® at the time of booking. This deposit allows OzTibetan ® to secure a future booking for your Premises.
a) For regular (ongoing) cleaning services, the Customer agrees: to pay the full price in accordance with
the payment terms of any issued invoice, unless otherwise agreed in advance with OzTibetan ®.
Payments can be made by credit card or by EFT / bank transfer to the below account:
Should a customer fail to make payment to OzTibetan ® within the required time period, the Customer agrees that OzTibetan ® is permitted to debit any card (taken at time of booking) with an amount equal to
any service, credit card surcharges and/or cancellation fees that may apply under this Agreement.
b) For bond / end of lease cleaning, payment for any outstanding amount is to be made by credit card
upon the completion of the cleaning service. The customer agrees and acknowledges that OzTibetan ® will debit the provided credit card following the completion of the provided bond or end of lease service for all outstanding amounts and fees, less any deposit that may have already been paid.
All credit card and Paypal payments attract a surcharge. This surcharge value will be provided on our website payment portal, as updated from time to time.
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive amounts.
a) Where OzTibetan ® has agreed to invoice the Customer for payment after a Service has been completed, the Customer agrees to pay in full, all amounts due, in accordance with the Payment
b) agrees that if OzTibetan ® has not received payment in full for the Service within 7 days of the original invoice date then a late payment fee of $35 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
c) In addition to the amounts set out above, the Customer agrees to indemnify OzTibetan ® for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by OzTibetan ® in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
d) OzTibetan ® retains the right under this Agreement to not apply Late Payment Fees at its discretion.
a) If a Team Member fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, OzTibetan ® will provide the Customer with either:
ii. offer to reschedule the Service at another time mutually agreed between the Customer and OzTibetan ®.
a) If the Customer is dissatisfied for any reason with a regular or spring cleaning Service provided, it must advise OzTibetan ® within 24 hours of completion of the Service. OzTibetan ® strives to achieve a high level of customer satisfaction and will attempt to resolve the problem quickly and efficiently. Subject to clause 12, OzTibetan ® may, at its discretion, offer the Customer either of the following:
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by OzTibetan ®.
e) In addition to the amounts set out above, the Customer agrees to indemnify OzTibetan ® for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by OzTibetan ® in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
f) OzTibetan ® retains the right under this Agreement to not apply Late Payment Fees at its discretion.
a) If a Team Member fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, OzTibetan ® will provide the Customer with either:
ii. offer to reschedule the Service at another time mutually agreed between the Customer and OzTibetan ®.
a) If the Customer is dissatisfied for any reason with a regular or spring cleaning Service provided, it must advise OzTibetan ® within 24 hours of completion of the Service. OzTibetan ® strives to achieve a high level of customer satisfaction and will attempt to resolve the problem quickly and efficiently. Subject to clause 12, OzTibetan ® may, at its discretion, offer the Customer either of the following:
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by OzTibetan ®.
a) If a Customer is dissatisfied for any reason with a bond / end of lease cleaning Service, it must inform OzTibetan ® within 72 hours of completion of the Service.
b) OzTibetan ® agrees to return to a customer’s property to rectify issues identified by either the Customer or Customer’s Property Manager, at OzTibetan’s discretion, where associated with the cleaning service provided by OzTibetan ®.
c) Where issues identified by the Customer or Customer’s Property Manager are related to issues or matters that did not form part of original Service, OzTibetan ® may agree to return to the property to provide additional cleaning support, with or without charge, at its absolute discretion.
a) Our Express Bond service is based upon the provision of a set number of cleaning hours and as such OzTibetan’s full bond clean rectification guarantee does not apply.
b) In discussion with a Customer, OzTibetan ® may agree to return to a customer’s property to rectify issues identified by either the Customer or Customer’s Property Manager, at OzTibetan’s absolute discretion.
a) The only conditions and warranties which are binding on OzTibetan ® in respect of the state, quality or condition of goods and services supplied by OzTibetan ® to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b) To the extent permitted by statute, the liability, if any, of OzTibetan ® is, at OzTibetan’s option, limited to and completely discharged by the resupply of the Service. OzTibetan ® is not responsible for:
ii. not completing or providing the Service as a result of the Team Member not proceeding for health and safety reasons under clause 4;
iii. 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 OzTibetan ®;
iv. 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;
v. existing dirt, wear, damage or stains that cannot be completely cleaned or removed;
vi. any wear or discolouring of fabric or surfaces becoming more visible once dirt or adhesive products has been removed;
vii. 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; or
viii. the cost of any key replacement or locksmith fees, unless keys were proved to be lost by OzTibetan ® or the Team Member.
c) Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on OzTibetan ® are excluded.
d) The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including time elapsed since premises last cleaned, and the nature of cleaning required), and that OzTibetan ® gives no guarantee as to the actual results of the Service.
e) Except to the extent provided in this clause, OzTibetan ® 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 OzTibetan ® (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 OzTibetan ®).
The Customer indemnifies OzTibetan ® against:
a) all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
b) all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by OzTibetan ® in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
a) The Customer must inform OzTibetan ® of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Team Member within 24 hours of completion of the Service.
b) To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to OzTibetan ® within 24 hours of completion of the Service.
c) To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of OzTibetan ® under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
For regular (ongoing) and once off cleaning services
a) The Customer must provide OzTibetan ® with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
b) In the event that such notice has been given, OzTibetan ® will attempt to reschedule the Service if required.
c) In the event that the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee of $35.00 (inclusive of GST) for administrative costs and loss, if charged by OzTibetan ®.
For bond, exit or end of lease cleaning services
a) The Customer must provide OzTibetan ® with at least 120 hours’ (5 days) notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.
b) In the event that such notice has been given, OzTibetan ® will attempt to reschedule the Service if required.
c) In the event that the Customer does not provide 120 hours’ (5 days) notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee of $100.00 (inclusive of GST) for administrative costs and loss, if charged by OzTibetan ®. This fee will be deducted for the credit card taken at the time of booking or from monies held as deposit for the customer.
d) A general cancellation fee of $15.00 will apply to all services cancelled where more than 120 hours’ (5 days) has been provided, to cover the costs of administration and credit card processing.
a) In the event that the Customer does not provide unencumbered access the Premises for OzTibetan ® or its Team Members to provide the Service, the Customer agrees to pay a cancellation fee of $35.00 (inclusive of GST) for administrative and travel costs associated with attending the property.
The Customer agrees that as a part of a standard bond, exit and end of lease cleaning service, OzTibetan ® has permission to:
a) take photographs and/or videos of the premises before and after cleaning has been completed
b) contact the relevant property’s real estate Property Manager or Agent, at any time, to discuss matters relevant to the property’s cleaning services and requirements
c) provide any photographs, videos and forms & information to the real estate Property Manager or Agent
d) in consultation with the property’s real estate Agent or Property Manager, deduct from any bond monies held any amount owed to OzTibetan ® by the Customer as a result of a non-payment for bond, exit or end of lease cleaning services.
a) This Agreement may be terminated by the Customer by providing at least 72 hours’ notice prior to the Service Time, with consideration given to any Cancellation Fees per Clause 18.
b) OzTibetan ® may terminate this Agreement by providing the Customer with at least 24 hours’ notice prior to the Service Time.
c) OzTibetan ® may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of OzTibetan ®, that breach is incapable of remedy.
a) The Customer acknowledges that any information provided by the Customer may be used by OzTibetan ® for the purpose of providing our Services. OzTibetan ® agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law or as permitted under this Agreement).
b) The Customer agrees to OzTibetan ® communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
c) OzTibetan ® will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
a) OzTibetan ® reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
b) The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
a) The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of OzTibetan ® Care Services PTY. LTD.
a) The Customer and OzTibetan ® acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales and both agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of any dispute.
a) The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
