Terms and Conditions
Effective Date: 1st Jul 2020
Other applicable terms
Information about us and how to contact us
Sparkleen.it is a technology platform, accessed through the Site or the App, that connects users (such as you) with third party providers of cleaning services and certain other services as listed on the Site (Service Providers). It enables you to engage a Service Provider in your area for the provision of those services.
Sparkleen.it is operated and owned by Withease Holdings Limited (we or us). We are a limited company registered in Ireland under company number 09852029 and have our registered office at 33 Richmond Street, Dublin, Ireland, D02 CF40. Our main trading address is at 33 Richmond Street, Dublin, Ireland, D02 CF40.
If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at firstname.lastname@example.org or by pre-paid post to our main trading address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
Please note that we simply provide the platform that connects users (such as you) with Service Providers and allows them to be introduced. We do not, ourselves, provide any cleaning services or other services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to perform any services you request through Sparkleen.it and you agree to comply with any terms of service that apply between you and the relevant Service Provider.
If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.
We do take reasonable measures to ensure the suitability and quality of the Service Providers, including, without limitation, conducting interviews, obtaining proof of identity and address and obtaining references. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from Sparkleen.it on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.
Use of the App
We may (but are under no obligation to) update the Site and/or the App from time to time, and may change the content on them at any time. You may, following an update, need to download the latest version of the App in order to continue using it.
The Site and the App are made available free of charge and you may download the App onto any number of Mobile Devices.
We make no representations, warranties or guarantees, whether express or implied, that Sparkleen.it or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.
Access to Sparkleen.it is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, Sparkleen.it is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access Sparkleen.it (including configuring your information technology) and you should use your own virus protection software.
Registration and security
Use of, and access to, certain parts of Sparkleen.it may require you to register with us. If you wish to register, you must complete all of the fields on the registration page.
You must not create your own Sparkleen.it account using an email address other than your own or one that you are permitted to use and, if you know or suspect that someone other than you has successfully registered to use Sparkleen.it using your email address, you must notify us immediately at email@example.com.
You may not authorise others to access Sparkleen.it using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org and change your password.
You are responsible for all acts and omissions of any third parties who use your username or password to access Sparkleen.it, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.
Pricing and payment
Our pricing policy is set out on the Site and can be accessed here. We reserve the right to make changes to our pricing policy at any time, although we will notify you by email at least one week before any such changes take effect. If you do not agree to any such changes, you should stop using Sparkleen.it and (if applicable) delete the App from your Mobile Device.
When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request through Sparkleen.it. We will store your card details for such purpose and you agree that we may undertake authorisation checks on that card (including when you use Sparkleen.it to request the services of a Service Provider).
If you request the services of a Service Provider for a one-off visit, your card details will be taken automatically and processed by our third party payment service provider in advance of the scheduled visit using the card details provided by you. Payment of the balance will be taken following the end of the scheduled visit.
If you request the services of a Service Provider on a repeat basis, your card details will be taken automatically and processed by our third party payment service provider in advance using the card details provided by you. Payment of the balance will be taken following the end of the first scheduled visit. For subsequent visits, payment will be taken following the end of the scheduled visit.
The amount you will pay will comprise: (i) a fee due to the Service Provider based on the duration of the visit(s) (i.e. the number of hours worked); and (ii) a service fee due to us. We collect the fee due to the Service Provider as agent for, and on behalf of, the Service Provider.
If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgement) on the outstanding amount at the rate applicable to judgement debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use Sparkleen.it.
To the extent applicable, all fees are inclusive of VAT at the prevailing rate.
Booking process and cancellation
If you request the services of a Service Provider, we will notify you by text message and/or email when a Service Provider has accepted your request and confirmed the booking.
If you decide to cancel a booking (whether for a one-off visit or on a repeat basis), you may do so via the Site or the App, subject in each case to the following conditions: (i) if a Service Provider has not yet confirmed the booking, you may cancel it without charge; (ii) if a Service Provider has confirmed the booking but has not yet carried out the services requested, you may cancel it without charge up to 48 hours before the scheduled start time of the visit (and, if we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit); and (iii) if you cancel less than 48 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as stated on the Site which will be charged to your registered credit or debit card. Cancellations direct with the relevant Service Provider are not permitted and will not be accepted.
Bookings can be made on a weekly, fortnightly or one-off basis. Users making a one-off booking are subject to no further commitment beyond their initial booking.
Weekly and fortnightly bookings are subject to a 20 booking minimum commitment with providers. If you need to reschedule or cancel any bookings the 20 booking minimum will still stand and only apply to completed bookings. Bookings may be postponed for a maximum period of six weeks. We reserve the right to charge you a cancellation fee equivalent to the full value of the uncompleted bookings to your registered credit or debit card (up to a maximum value of €96).
If a booking is cancelled by the Service Provider or if the Service Provider fails to attend the agreed location to provide the services requested, please notify us within 36 hours following the scheduled start time of the visit and, if still required, make another request for the relevant services to be provided by the Service Provider (or another Service Provider) at another mutually agreeable time. If we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit. If the service provider attends the agreed location but there is nobody at the location or there is no means of accessing the address to carry out the service, without any cancellation notice received, full payment will be taken with the provided payment details.
You agree to treat Service Providers courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information, cleaning supplies and co-operation required to enable them to provide the services you have requested.
You acknowledge that your preferred Service Provider, if you have one, may be unavailable from time to time, whether due to illness or vacation or through ceasing to use Sparkleen.it.
You agree, for so long as the agreement between you and us is in force and for a period of six months thereafter, not to book the services of, or engage, any Service Provider you have used, or whose contact details you have received from us, other than via Sparkleen.it.
Intellectual Property Rights
You must not use any part of the content on Sparkleen.it for commercial purposes without obtaining a licence or other written consent to do so form us or our licensors.
Other trade marks, products and company or brand names mentioned on Sparkleen.it may be the trade marks of their respective owners or licensors and all rights in such trade marks are reserved to their respective owners or licensors.
Your liability to us
You acknowledge that Sparkleen.it has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of Sparkleen.it meet your requirements.
If you are a business or an individual using Sparkleen.it in a business capacity, please note that:
• we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
• to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Sparkleen.it or any content on it, whether express or implied.
If you are a consumer, you may only use Sparkleen.it for domestic and private use. You agree not to use Sparkleen.it for any commercial, business or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will not under any circumstances be liable for:
• the behaviour, acts or omissions of any Service Providers you engage through Sparkleen.it or the quality of the services they provide; or
• any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of Sparkleen.it or your downloading of any content on it or on any website linked to it.
• excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by Irish or European law; or
• is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Your liability to us
You may only use Sparkleen.it for lawful purposes. You may not use it:
• in any way that breaches any applicable local, national or international laws or regulations;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• to send, knowingly receive, upload or download, use or re-use any material which does not comply with our content standards as set out below;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• knowingly to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed adversely to affect the operation of any computer software or hardware;
• in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of Sparkleen.it; and
• to collect or harvest any information or data from Sparkleen.it or our systems or attempt to decipher any transmissions to or from the servers running Sparkleen.it.
You also agree:
• not to permit Sparkleen.it or any part of it to be combined with, or become incorporated in, any other programs;
• not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of Sparkleen.it; (ii) any part of Sparkleen.it or its security measures; (iii) any equipment or network on which Sparkleen.it is stored; (iv) any software used in the provision of Sparkleen.it; or (v) any equipment or network or software owned or used by any third party;
• not to copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App; and
• not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us.
These content standards apply to any and all material which you contribute to Sparkleen.it and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.
If you make use of any feature that allows you to post or upload any content to Sparkleen.it (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with Sparkleen.it or other users of Sparkleen.it), any such content must be accurate and genuine and must not:
• be defamatory of any person;
• be obscene, offensive, hateful, inflammatory or otherwise objectionable;
• promote violence or indecent or sexually explicit material;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person;
• be likely to deceive any person;
• be made in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of Sparkleen.it;
• be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy another person;
• be used to impersonate any person or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if that is not the case;
• relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
• disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Sparkleen.it and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to Sparkleen.it constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove or delete any posting you make on Sparkleen.it or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content.
Suspension and termination
You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us at email@example.com.
• immediate, temporary or permanent withdrawal of your right to use Sparkleen.it;
• immediate, temporary or permanent removal of any content uploaded, posted, submitted or displayed by you on or to Sparkleen.it;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and
• disclosure of such information to law enforcement authorities as we feel is reasonably necessary.
If we withdraw your right to use Sparkleen.it:
• you must, if applicable, immediately delete the App from all Mobile Devices; and
• you must not attempt to re-register to use Sparkleen.it.
Linking to the Site
You may link to the Site’s homepage, 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 to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above.
If you wish to make any use of any content on the Site other than that set out above, please contact us at firstname.lastname@example.org.
Links to third party websites and resources
The Site and/or the App may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
Events outside our control
Other important terms
Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Primacy of Language
The original language of these terms and conditions is English and the prime language for legal interpretation of these terms and conditions is in English. Translations of these terms to non English languages are for ease of use but the primacy of the English version nevertheless remains.