General Terms of Use of the Cleangor Platform
1. Introduction
1.1. By accessing or using Cleangor, you agree to these General Terms of Use, which include and incorporate the Cleangor Privacy Policy (together: the "Terms"). These Terms apply to any use of Cleangor. Please read the following Terms carefully before using Cleangor. If you do not agree with these Terms, you may not access or use Cleangor.
1.2. The Terms may change from time to time. The latest version of the Terms is available to you at any time at www.cleangor.com/en/terms and in your Cleangor app. If you would like more information about using Cleangor, do not hesitate to contact us at support@cleangor.com.
1.3. The Terms are concluded between us, Calipto, obrt za usluge, vl. Ivan Puškar, Jastrebarsko, A. G. Matoša 8, Croatia, OIB: 76350619295, the owner and creator of Cleangor, and you as a User.
1.4. These Terms, together with our Privacy Policy and all other terms and conditions that apply to Cleangor, form a legally binding contract (the "Contract"). The Cleangor Privacy Policy describes how we collect and use personal data in connection with our services. You can find the current version of our Privacy Policy at www.cleangor.com/en/privacy and in your Cleangor app.
1.5. To use the features Cleangor provides, you must be connected to the internet and create your own Cleangor account. By creating an account and using Cleangor, you confirm that you have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy).
2. Definitions
2.1. "We", "us" or "our" means Calipto, obrt za usluge, vl. Ivan Puškar, Jastrebarsko, A. G. Matoša 8, Croatia, OIB: 76350619295, the creator and owner of Cleangor.
2.2. "User" means a natural or legal person who has registered on Cleangor as an Owner or a Cleaner.
2.3. "Owner" or "you" means a User who posts a listing requesting the Service.
2.4. "Cleaner" or "you" means a User who offers the Service and applies to an Owner's listing.
2.5. "Cleangor" means the Cleangor website or mobile app, including the application programming interfaces and the technology through which Cleangor is made available, maintained and/or hosted by us.
2.6. "Service" means a premises cleaning service.
2.7. "Terms" means the version of the General Terms of Use in force at a given time.
2.8. "Intellectual property rights" means copyright and related rights, trademarks, industrial designs, trade secrets, know-how and all other forms of registered or unregistered intellectual property rights.
3. Cleangor
3.1. Cleangor is a digital platform that connects Owners and Cleaners for the provision of Services. Cleangor does not provide the Service, is not an employer, is not an employment agency, and is not a contracting party in the relationship between Owners and Cleaners. The legal relationship concerning the provision of the Service arises solely between the Owner and the Cleaner.
3.2. You can access Cleangor through the Cleangor website at www.cleangor.com, or by downloading the Cleangor mobile app to your mobile or other smart device from a supported app store.
3.3. Cleangor may allow third parties to advertise, market, sell, promote and/or offer (as the case may be) their products and services for order and purchase on Cleangor.
4. Access to and use of Cleangor
4.1. Using Cleangor requires internet access through a suitable device. You open a user account by providing your email address, your first and last name or the name of your business, choosing a nickname (where applicable) and choosing a password. Alternatively, registration and/or sign-in may be enabled through existing third-party accounts (e.g. Google or Facebook), in which case the terms of those providers may also apply to the processing of data.
4.2. When registering on Cleangor, you represent and warrant that:
- you are at least 18 years old,
- you have full legal capacity,
- all the information you provide is accurate, complete and up to date,
- you will use the platform in accordance with the applicable regulations of the Republic of Croatia and European Union law.
4.3. Cleangor reserves the right, at its own discretion and without prior notice, to refuse a User's registration, or to suspend or permanently disable use of the platform in the event of a breach of these Terms.
4.4. When you open an account, you will receive a confirmation email to complete the registration process. If the confirmation link does not arrive, contact us at support@cleangor.com.
4.5. You must protect your account and password by taking all necessary precautions to prevent anyone else from using them. This includes not sharing your account details and password and not allowing anyone else to access your account.
4.6. If you become aware of or reasonably suspect any security breach, including, without limitation, the loss, theft or unauthorised disclosure of your password, you must notify us immediately and change your password. You are responsible for everything that happens through your account and every use of your password, including purchases, whether or not you authorised them.
4.7. Once you open an account, other Users can see your details, such as your first and last name or business name, ratings and the like.
5. Checks and verification of Users
5.1. To keep the platform secure, prevent abuse and protect other Users, Cleangor reserves the right to carry out checks and verification of Users. For this purpose, Cleangor may ask Users to provide additional information and documentation, including but not limited to:
- identity documents (e.g. an identity card or passport),
- a certificate of no criminal record or other appropriate certificates from the competent authorities (for certain categories of Services or Users),
- information and documentation about a trade (obrt) or company (including extracts from the relevant registers).
5.2. The User undertakes to provide accurate, complete and authentic information and documentation at Cleangor's request.
5.3. Cleangor reserves the right, at its own discretion, to refuse or revoke a User's verification, and to restrict or disable access to the platform, in the event of:
- doubt about the accuracy, completeness or authenticity of the information or documentation provided,
- the User refusing to provide the requested information or documentation,
- an established or suspected breach of these Terms or applicable regulations.
6. Obligations of Users
6.1. Users must act conscientiously and in good faith, in particular:
- provide accurate information about services (e.g. scope of work, location, price, additional costs and availability) and update such information without delay if it changes,
- respect the agreed times and terms of the service, and inform the other party in good time of any change, delay or inability to perform the Service;
- refrain from giving inaccurate, misleading or incomplete information, including misrepresenting identity, qualifications, experience or needs;
- not use the platform for any purpose other than providing or using Services, including posting listings or requests not intended to actually contract a Service;
- ensure that communication with and behaviour towards other Users is professional and appropriate;
- respect the privacy of other Users and use their data solely for the purpose of performing the agreed service, in accordance with the applicable data protection regulations.
6.2. In addition to the general duties set out in the previous paragraph, Cleaners must in particular:
- have the appropriate equipment, materials and skills needed to perform the Service;
- provide Services in line with the agreed quality standards;
- take responsibility for any damage caused to the Owner's property, unless the damage results from the Owner's improper conduct or circumstances beyond the Cleaner's control;
- inform the Owner in good time of any change that may affect the performance of the Service (delay, absence, change of materials or equipment).
6.3. In addition to the general duties set out in clause 6.1, Owners must in particular:
- provide safe and accessible premises for performing the Service;
- inform the Cleaner in good time of any special conditions or limitations of the premises or the work;
- ensure that the premises or property do not pose a risk to the Cleaner's health and safety;
- respect the agreed payment terms and other obligations towards the Cleaner.
7. Ratings and reviews
7.1. Cleangor allows Users to leave ratings and reviews of each other after a Service has been performed, in order to build trust between Users.
7.2. Users must give ratings and reviews truthfully, objectively and in good faith, based on their own experience with the other User. Posting false, misleading or deliberately distorted reviews, and manipulating the rating system, is prohibited.
7.3. Reviews must not contain:
- offensive, defamatory or threatening content,
- untrue or unverified statements,
- other people's contact details (e.g. phone number, address) without their consent.
7.4. Cleangor reserves the right, but not the obligation, at its own discretion to remove or edit any rating or review that is:
- offensive or inappropriate,
- untrue or misleading, or
- otherwise contrary to these Terms.
7.5. Cleangor does not check the accuracy of published reviews in advance and is not responsible for their content. Reviews are Users' subjective opinions.
7.6. Encouraging, requesting or making anything conditional on positive reviews, and giving any compensation or consideration in exchange for reviews, is prohibited.
8. Payment
8.1. Cleangor is a platform that only connects Users and does not take part in any form in collecting, processing or transferring funds between Users.
8.2. Cleangor does not enable payments to be made, does not act as a payment service provider or payment intermediary, and does not represent either party in connection with payment.
8.3. Cleangor does not collect, process, store or otherwise handle data about Users' credit or debit cards or other payment instruments.
8.4. All arrangements between Users, including but not limited to the price of the Service, the method and deadline of payment, invoicing, tax and fiscal obligations, and any refunds or dispute resolution, are entirely the sole responsibility of the Owner and the Cleaner.
8.5. Users agree that Cleangor is in no case liable for the performance or non-performance of payment obligations between Users, including but not limited to non-payment, late payment, partial payment, incorrect payment or any other irregularity in connection with payment.
8.6. To the fullest extent permitted by applicable law, Cleangor excludes and disclaims all liability for:
- any financial losses or damage arising in connection with payments between Users,
- the calculation, reporting and payment of taxes, contributions or other public charges,
- issuing invoices or other fiscal documents,
- any disputes between users arising from or related to payment.
8.7. Users expressly agree that they will pursue all claims, demands and legal actions relating to payments solely against each other, without involving Cleangor as a party to such relationships.
8.8. Users undertake, to the fullest extent permitted by applicable law, to indemnify and hold harmless Cleangor, its affiliates, directors, employees and associates from and against all claims, demands, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from or in any way related to payments or non-payments between Users, breaches of Users' contractual or statutory obligations relating to payment, Users' tax and fiscal obligations, and any disputes between Users concerning financial relations.
9. Communication and rules of conduct
9.1. Users communicate with each other through the messaging system in the Cleangor app.
9.2. You alone are responsible for your interactions with other Users (including Owners and Cleaners) and for all activity that takes place through your account, including arranging, performing and cancelling services.
9.3. We reserve the right, but have no obligation, to monitor content you have submitted (e.g. profile, description, reviews) and communication between Users. We may use such data where necessary to fulfil our obligations, keep the platform secure or resolve disputes. More information is available in our Privacy Policy.
9.4. To keep Cleangor a safe and reliable environment for arranging services, rules of conduct apply that form an integral part of these Terms. Breaching these rules may lead to measures including:
- removal of content by or about the User,
- a warning,
- temporary or permanent restriction or deactivation of the account,
- revocation of verification.
9.5. Users must act conscientiously and in good faith, in particular:
- provide accurate information about services (e.g. description, price, availability),
- respect the agreed times and terms of the service,
- refrain from misleading, false or incomplete representations of services or needs,
- ensure that communication with and behaviour towards other Users is professional and appropriate.
9.6. Using the platform for illegal activities is prohibited, including providing services without the necessary authorisations or contrary to applicable regulations (e.g. tax, trade or other regulatory requirements).
9.7. Do not threaten, intimidate or harass other Users. Such behaviour is strictly prohibited and may result in immediate measures against the user account.
9.8. The following is prohibited:
- arranging or providing services outside the platform in order to avoid Cleangor's rules or safety mechanisms,
- giving false reviews or manipulating the rating system,
- using the platform in a way that may endanger the safety of other Users (including arriving at a location without an arrangement or failing to observe basic safety standards when providing the service).
9.9. Interacting and sharing content that, in our judgement, includes the following is prohibited:
- hate speech and offensive language,
- explicit or inappropriate content,
- sharing private or personal data of third parties without authorisation,
- illegal content or content that infringes the rights of third parties,
- content that incites or justifies violence.
9.10. Cleangor does not guarantee the identity, ability, quality or lawfulness of conduct of any User and is not responsible for Users' actions, including damage arising during or in connection with the provision of Services.
9.11. If you believe a User is breaching these Terms, you must notify us without delay by email at support@cleangor.com.
10. Disclaimers, limitation of liability and indemnity
10.1. We make no representations, warranties or guarantees as to the reliability, timeliness, quality, suitability or availability of information obtained from other Users and information that Users choose to share, nor do we guarantee that use of Cleangor will be uninterrupted or error-free.
10.2. Although we will use reasonable care in managing the information offered through Cleangor, we cannot guarantee that all information is accurate, complete or correct, nor can we be responsible for any errors (including obvious errors and typographical errors), interruptions (whether caused by a (temporary and/or partial) breakdown, repair, upgrade or maintenance of Cleangor or otherwise), or inaccurate, misleading or untrue information.
10.3. You agree that the entire risk arising from your use of Cleangor and any service or product requested in connection with it remains solely with you, to the fullest extent permitted by applicable law. For our part, we have put all conditions in place for Users to feel as safe as possible when accessing and using Cleangor.
10.4. Although we will endeavour to ensure uninterrupted use of Cleangor's services, we do not guarantee it. We accept no liability for any interruption or delay.
10.5. We are not a party to, have no stake or interest in, make no representations or warranties about, and bear no liability for any communications, transactions, interactions, disputes or relationships of any kind between you and any other User. You are solely responsible for your interactions with other Cleangor Users.
10.6. We will not be liable for intentional, unintentional, direct or indirect damage, including lost profits or personal injury, relating to, in connection with or otherwise arising from any use of Cleangor, regardless of our negligence, even if we have been advised of the possibility of such damage.
10.7. We will not be liable for any damage, liabilities or losses arising from your use of or reliance on Cleangor, your inability to access or use Cleangor, or any dealings or relationship between you and any third party in connection with Cleangor, even if we have been advised of the possibility of such damage.
10.8. To the fullest extent permitted by applicable law, you release us (and our owners, managers, employees and representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with other Users.
10.9. We will not be liable for delay or failure to perform obligations resulting from causes beyond our reasonable control.
10.10. The limitations and disclaimers of liability in this section do not seek to limit liability or change your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain types of damage, in such states or jurisdictions our liability will be limited to the extent permitted by law. This provision does not affect our governing law provision set out below.
10.11. You agree to indemnify and hold harmless us and our owners, managers, employees and representatives from all claims, demands, losses, liabilities and costs (including attorneys' fees) arising from or in connection with: (i) your use of Cleangor, (ii) your breach or violation of any of these Terms or related rules or guidelines, (iii) our use of your user content or (iv) your violation of the rights of any User or third party.
11. Intellectual property rights
11.1. All intellectual property rights in or relating to Cleangor, its associated documentation and all parts and copies of them remain exclusively the property of, and are solely and exclusively owned by, Calipto and/or our subcontractors/licensors, as the case may be.
11.2. These Terms do not grant you any intellectual property rights in relation to Cleangor, and all rights not expressly granted herein are reserved by us, Calipto, obrt za usluge, and our subcontractors/licensors, as the case may be. You may also not reverse engineer any part of Cleangor (i.e. reproduce it after a detailed examination of its construction or composition).
12. Term and termination
12.1. These Terms remain in force as a binding Contract between us, Calipto, obrt za usluge, and you, the User, until further notice, for as long as your account has not been deactivated.
12.2. You may stop using Cleangor at any time. At your request, we will close your Account. We will continue to process some data after the Account has been deactivated. For more details, see our Privacy Policy.
12.3. We may permanently or temporarily stop providing Cleangor's services at any time, without giving reasons or prior notice. We are not liable to you or any third party for any damage or loss arising from the termination of your access to Cleangor's services.
13. Governing law and dispute resolution
13.1. These Terms are governed by and construed in accordance with the laws of the Republic of Croatia.
13.2. If you are a consumer in the European Union, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection legislation of your country of residence.
13.3. Disputes arising from these Terms will be resolved before the Municipal Civil Court in Zagreb. A consumer in the European Union may, however, always bring proceedings before the competent court of their place of residence.
13.4. If you are a User resident in the European Union, you and Calipto may also use the ODR platform operated by the European Commission to resolve disputes. This platform is available at ec.europa.eu/odr.
14. Changes
14.1. We reserve the right to change these Terms or any rule or guideline of Cleangor's services at any time and at our own discretion. If we change these Terms, we will notify you appropriately by revising the date of these Terms.
14.2. We will publish the amended Terms at www.cleangor.com/en/terms and notify you of the change at least 15 days before the changes take effect. Changes take effect 15 days after notice. If you agree with the changes, you do not need to do anything. However, if you do not agree with them, you must let us know that you want to close your account.
15. Other provisions
15.1. You may not assign these Terms or the rights and obligations under them without our prior written approval. We may assign these Terms or the rights and obligations under them without your consent to an affiliated person, an acquirer of our business or assets, or a successor of the trade.
15.2. A failure on our part to enforce any right or provision of these Terms will not be considered a waiver of that right or provision unless acknowledged and agreed by us in writing.
15.3. If any provision of these Terms is found to be invalid or unenforceable, that provision will not affect the remaining provisions, which will apply to the fullest extent permitted by law.
15.4. In the event of any complaint or problem, please contact our staff through your Cleangor account or by email at the following address: support@cleangor.com.