This website/mobile application is operated by Nimbus(Australia) Pty Ltd, ABN: [40 666 374 018], trading as 'Nimbus Homes', a company incorporated under the laws of Australia.
The following terms and conditions (these “T&Cs”) govern your access to and use of the Nimbus Homes website (https://www.nimbushomes.com/) and the mobile application (Nimbus Homes App)(collectively, the “Nimbus Homes Platforms”), including any content, functionality, services, and subscriptions, offered on and through the Nimbus Homes Platforms (collectively, the “Nimbus Home Services”).
We use your personal data for service provision, marketing, security, and compliance. For information on how we use your personal data, please refer to our Privacy Policy.
These Terms and Conditions (T&Cs) represent a legally binding agreement between you ("the user") and Nimbus(Australia) Pty Ltd, ABN: [40 666 374 018], trading as 'Nimbus Homes'. This agreement pertains to your access and use of the Nimbus Homes website (https://www.nimbushomes.com/au/home) and mobile application (collectively referred to as "Nimbus Homes Platforms"), including all content, functionality, and services offered on or through the Nimbus Homes Platforms. By accessing, browsing, or subscribing to services offered by Nimbus Homes, you acknowledge that you have read, understood, and agree to be bound by these T&Cs. Nimbus Homes reserves the right to update or modify these T&Cs at any time without prior notice, and such changes will be effective immediately upon posting to the Nimbus Homes Platforms. Your continued use of the Nimbus Homes Platforms after any such changes indicates your acceptance of the new T&Cs.
2.1 If there is any conflict or inconsistency between any provisions of these T&Cs, the applicable Service Specific T&Cs, and any other terms and conditions otherwise agreed between us in writing, the documents shall be construed in the following order of precedence:
(a) any other terms and conditions otherwise agreed between us in writing; and
(b) these T&Cs.
2.2 In the event such construction fails to resolve the conflict or inconsistency, such conflict or inconsistency will be resolved in Nimbus Homes’ favour.
2.3 For the avoidance of doubt, the most recent published version available on the Nimbus Homes Platforms of the relevant T&Cs, shall be taken to apply in the event of any conflict or inconsistency.
3.1 The Nimbus Home Services constitute the Nimbus Homes Platforms and the content, products, and services provided by Nimbus Homes through the Nimbus Homes Platforms, as may be amended at Nimbus Homes’ sole discretion from time to time. The contents, products, and services include:
a) the subscription to recurring Nimbus Homes house cleaning services (“Recurring Bookings”);
b) the subscription to one-off Nimbus Homes house cleaning services;
c) the subscription to one-off Nimbus Homes deep cleaning, move-in/move-out cleaning, upholstery cleaning and steaming services;
d) the subscription to one-off Nimbus Homes moving services; and
e) the booking, rescheduling, and cancellation of appointments.
3.2 Licence
a) Nimbus Homes hereby grants you a revocable, personal, non-commercial, non-exclusive and non-transferable licence to use the Nimbus Home Services.
b) Unless otherwise agreed by Nimbus Homes, you are only permitted to use the Nimbus Home Services on your personal device owned by you, or under your personal control, for the sole purpose of performing the functions on the Nimbus Homes Platforms and accessing Nimbus Home Services for your personal non-commercial use, subject to these T&Cs. Unless set out in these T&Cs, no other right, license or permission is granted to you in relation to the Nimbus Home Services and your use of the same.
c) The Nimbus Home Services and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for commercial purposes without the express consent from Nimbus Homes. Any unauthorised use terminates the license granted by Nimbus Homes.
3.3 Restrictions
You shall not:
a) use, download, sync, or copy the Nimbus Home Services other than as permitted by these T&Cs;
b) rent, lease, lend, sell redistribute, sub licence, or otherwise transfer the Nimbus Home Services other than as expressly permitted by these T&Cs;
c) copy, reproduce, translate, adapt, vary, modify, reverse engineer, disassemble, attempt to derive the source code of or creative derivative works of the Nimbus Home Services, or any part of it, except only to the extent that the applicable law provides that such cannot be prohibited;
d) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Nimbus Home Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Nimbus Home Services;
e) attempt to gain unauthorised access to or impair any aspect of the Nimbus Home Services or their related systems or networks;
f) use Nimbus Home Services for any fraudulent, illegal, or improper purposes or to violate any person’s rights, or in any way which may affect other Nimbus Homes Users’ enjoyment or access to any Nimbus Home Services or cause irritation, annoyance, disturbance, embarrassment, nuisance, harassment, inconvenience, or anxiety to anyone;
g) use Nimbus Home Services to transmit any content which contains viruses, worms,Trojan horses, or any other harmful, destructive, or adverse component or programming routine that may interrupt, disrupt, congest, adversely impact or harm the network, the Nimbus Home Services, or the systems or networks of other persons; or
h) use the Nimbus Home Services for any unlawful purpose whatsoever, or any other purpose not authorised by these T&Cs.
3.4 Third Party Services and Content
The Nimbus Home Services may be made available to, or accessed by, third-party services and content (including advertising) that Nimbus Homes does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Nimbus Homes does not endorse such third-party services and content and in no event shall Nimbus Homes be responsible or liable for any products or services of such third-party providers.
3.5 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Nimbus Homes Platforms. You are responsible for all internet access charges. Please check with your internet service provider for information on possible Internet data usage charges. Your mobile network’s data rates and fees may apply if you access or use the Nimbus Homes Platforms from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Nimbus Home Services and any updates thereto. Nimbus Homes does not guarantee that the Nimbus Home Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Nimbus Home Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
3.6 Security
Nimbus Homes shall not be responsible for the security of any and all information transmitted to, from, or through the Nimbus Homes Platforms.
3.7 Ownership
a) The Nimbus Home Services and all rights therein are and shall remain Nimbus Homes’ property or the property of Nimbus Homes’ licensors (as the case may be). Neither these T&Cs nor the use of the Nimbus Home Services convey or grants you any rights:
(i) in or related to the Nimbus Home Services except for the limited licence granted above; or
(ii)to use or reference in any manner Nimbus Homes’ company name/ brand, logo, product and service name(s), trademarks or services marks, or those of Nimbus Homes’ licensors.
b) Nimbus Homes will own any and all feedback, suggestions, ideas, or other information or materials regarding Nimbus Homes or the Nimbus Home Services that you provide, whether by email, through the Nimbus Home Services or otherwise (“Feedback”). You hereby assign to Nimbus Homes all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
3.8 Payment
a) You are liable for all charges and payments for all Nimbus Home Services procured or obtained through the Nimbus Homes Platforms.
b) All payments for Nimbus Home Services shall be paid:
(i) without any set-off, condition, or counterclaim;
(ii) net of any tax levied on the provision of Nimbus Home Services (save for corporate income tax); and
(iii) free and clear of all deductions or withholdings.
c) If any tax is levied, or any deduction or withholding is required, by law in respect of the provision for any Nimbus Home Services, you shall pay such additional amount as will, after provision for such tax, deduction, or withholding has been made, leave Nimbus Homes with the full amount which would have been received by it had no such provision for such tax, deduction or withholding had been required to be made.
d) In the absence of fraud or manifest error, all our records relating to the Nimbus Home Services are conclusive evidence of the accuracy, completeness, and truth of all matters stated in them.
Subscription
4.1 As a Nimbus Homes User, you may log in to the Nimbus Homes App via your log in ID. You may create an account on the website (as set out below).
4.2 Nimbus Homes Users may subscribe to our products and services available on the Nimbus Homes Platforms, as may be amended from time to time at Nimbus Homes’ sole discretion, including but not limited to:
a) one-off Nimbus Homes house cleaning services:
(i) one single house cleaning session for a fixed period of time; and
(ii) fees paid on a per-session basis upon completion of the session
b) recurring Nimbus Homes house cleaning services
(i) recurring house cleaning sessions for a fixed period of time per session until cancellation;
(ii) fees paid on a per-session basis upon completion of the session
4.3 Upon subscription to any of our products and/or services, you shall be deemed a “Subscriber”.
Bookings, Rescheduling, and Cancellation
4.4 Once a Subscriber, you may book your relevant appointment date and time via our Nimbus Homes Platforms. Upon confirmation of your booking, a confirmation notice will be sent to you.This confirmation notice will include:
a) your unique booking reference;
b) date and time of session;
c) session venue (as entered by you);
d) Nimbus Homes personnel assigned;
e) relevant links and contact details should you wish to amend your booking; and
f) such other information that Nimbus Homes may deem relevant to you.
4.5 All bookings and/or amendments to bookings shall be on a first-come-first-serve basis and shall be subject to availability.
4.6 You may amend/reschedule a booking at any time falling before 24 hours of your appointment.If rescheduled/amended within the stipulated time, no additional charges shall be incurred by you. Failure to reschedule/amend your booking within the stipulated time frame shall mean forfeiture of such session. You shall not be refunded, and Nimbus Homes shall not be obliged to refund, the forfeited session to you. Further, such rescheduled appointment shall constitute anew subscription and booking and will be automatically chargeable as such. You hereby permit and consent to Nimbus Homes charging the relevant fees and charges for such rescheduled appointment, and hereby permit and consent to our Payment Agent releasing such relevant fees and charges to Nimbus Homes.
4.7 You may cancel a booking at any time falling before 24 hours of your appointment. If cancelled within the stipulated time, you will be refunded the session and may make a new booking with no additional charges. Failure to cancel your booking within the stipulated time frame shall mean forfeiture of such session. You shall not be refunded, and Nimbus Homes shall not be obliged to refund, the forfeited session to you.
4.8 Nimbus Homes may cancel a booking at any time and will notify you of such cancellation. Your session will be refunded to you and you may make a new booking with no additional charges.In the event that the Subscriber is unable to reschedule/find an appropriate new booking thereafter, please contact us at hello@nimbushomes.com for a refund of said session.
4.9 For the avoidance of doubt, Nimbus Homes may change the assigned Nimbus Homes personnel at any time. Such change of assigned Nimbus Homes personnel shall not constitute a cancellation of the booked session. Nimbus Homes shall notify you of such change of personnel. Should you have any queries on the same, you may contact us at hello@nimbushomes.com.
4.10 In the event that Nimbus Homes personnel attends at such service venue at such scheduled time as specified in your booking and is unable to access the venue for a period of more than30 minutes (whether due to no one answering the door or otherwise), such session shall be deemed to have been cancelled by the Subscriber and forfeited. You shall not be refunded, and Nimbus Homes shall not be obliged to refund, the forfeited session to you.
4.11 Nimbus Homes shall not be liable for any loss or damage suffered by the Subscriber as a result of any cancellation or amendment of any session.
4.12 The fees and charges payable for Nimbus Homes' Services are as set out on the Nimbus Homes Platforms, and may be amended from time to time at Nimbus Homes’ sole discretion. Any such updated fees and charges will apply prospectively to any subscriptions/renewals that take place following the effective date of such updated fees. Nimbus Homes will notify any Subscribers should such change in fees and charges apply to your subscription. Your continued use of the Nimbus Home Services (e.g. you do not terminate your recurring booking before such effective date, or continue to subscribe to new one-off sessions after the effective date)shall be deemed as acceptance to the new fees and charges.
4.13 All subscriptions shall be non-reversible and non-refundable, regardless of whether they were unauthorised (due to theft or unauthorised usage), transacted without your knowledge or consent, or transacted by mistake.
4.14 The Nimbus Homes Platforms engage the use of third party escrow and payment agent(s) to collect the fees and charges payable for our products and services (“Payment Agent”).
4.15 Subscribers agree to use and allow the Payment Agent to automatically process their credit card in an amount equal to the cost of the subscription as reflected on the Nimbus Homes Platforms at the time of subscription, and to remit the relevant fees and charges to Nimbus Homes.
4.16 Subscribers to Nimbus Homes agree and understand that the Payment Agent will automatically process their credit card upon the completion of every session for the fees and charges payable for each session.
4.17 In the event that there is a failure to process such payments by our Payment Agent and we do not receive/ receive incomplete payments, Nimbus Homes shall not be obliged to provide its services to you. In the event that Nimbus Homes notices such incomplete payments/bounced payment, Nimbus Homes may notify you. However, it is your responsibility as a Nimbus Homes User to contact us at hello@nimbushomes.com should you suspect any issues with the processing of your subscription.
4.18 In the event of a refund to the Subscriber, the Subscriber hereby authorises the Payment Agent to refund such relevant amounts directly to such subscriber’s credit card.
4.19 In the event that you wish to tip our personnel, please do not do so in cash on site. All tips should be paid to Nimbus Homes directly. We would be happy to hear feedback from you about our personnel as well.
4.20 Should you have any queries pertaining to the fees, charges, payments, tips, or refunds, you may contact us at gday@nimbushomes.com.
4.21 After you have made your first booking, as a Subscriber, you may choose to create an account.
4.23 Having an account will allow you to conveniently log-in through the Nimbus Homes website to view, amend/reschedule, cancel your bookings.
4.24 You should be responsible for the security of your username and password and it is recommended that you change your password periodically to prevent unauthorized usage or theft of password by third parties.
4.25 Accesses to your account using your username and password shall be deemed to be by yourself, even if it is actually accessed by persons other than you due to theft or unauthorised usage. Nimbus Homes shall not be liable for any loss or damage including consequential losses arising out of such unauthorised usage or theft.
4.26 Should you suspect that there has been unauthorised access to your account, you are to notifyNimbus Homes of the same via email (gday@nimbushomes.com). Until such notice is received and processed (within 7 Business Days from date of receipt of notice) by Nimbus Homes, you shall be responsible for any charges incurred using your account, regardless of your knowledge or authorisation.
4.27 Selling or Sharing Accounts - You may not buy or sell your account. Lending or giving a username and password to a third party, or sharing a username and password with a third party is also prohibited.
4.28 Creating an account is optional. You will still be able to access, amend/reschedule and cancel your booking(s) through the links provided in the confirmation notice sent to you. Alternatively, you may contact us at hello@nimbushomes.com. We endeavour to reply to all queries within[3-5] Business Days.
4.29 Should you wish to terminate your subscription and/or delete your account, please contact us at gday@nimbushomes.com. We endeavour to reply to all queries within 2-3 Business Days. You will receive a confirmation notice stating your recurring booking expiration date/account deletion date.
4.30 In the event that there has been a breach of these T&Cs, or due to any illegal or inappropriate use of the Nimbus Home Services, Nimbus Homes reserves the right to without warning suspend service, or disable any and all of your accounts (if any). To the extent permissible under the law, Nimbus Homes will not bear any responsibility for any resultant damages from such suspension, change of username and password, or disabling of the account(s).
4.31 In the event of such suspension or disabling of your account(s), all bookings shall be cancelled pending further investigation by our Nimbus Homes team, including receipt of your reasons/explanation (if so required by our Nimbus Homes team). Should it be deemed that your subscription/account(s) shall be permanently terminated, any outstanding balance will be refunded to you following termination. You authorise Nimbus Homes to remove/set off any amounts for any applicable fees and/or charges owed by you under these T&C before any refunds are made to you.
4.32 Nimbus Homes reserves the right to retain full custody of any funds and personal data which may be turned over to governmental authorities in the event that your subscription/account is suspended/terminated arising from suspected to be/pending investigations in connection with illegal activities.
5.1 Nimbus Homes shall provide its services in accordance with each booking and the features of the relevant product/service subscribed to as set out on the Nimbus Homes Platforms, as amended from time to time at Nimbus Homes’ sole discretion.
5.2 Nimbus Homes endeavours to provide its Subscribers with housekeeping with such care and skill as may be reasonably expected of such personnel.
5.3 Nimbus Homes shall provide basic equipment reasonably expected to be necessary for the provision of its services to the Subscriber, namely:
For regular house cleaning:
a) sponges and green pads;
b) metal scrounge;
c) microfibre cloths;
d) spray bottle;
e) multipurpose cleaning cream;
f) multipurpose cleaning liquid solution; and
g) glass cleaning liquid solution;
For deep cleaning, moving cleaning, post renovation cleaning and other services, in addition tothe above:
h) commercial vacuum set
i) mop and bucket
j) ladder
k) any other commercial chemicals required
5.4 Nimbus Homes and its personnel shall take all necessary steps to avoid and minimise any loss and/or damage to the Subscriber’s property at each service venue.
5.5 Nimbus Homes’ personnel shall utilise the fixed time allocated (per subscription) in such a manner, as he/she may reasonably see fit, to effectively and efficiently deliver reasonably satisfactory results for each Subscriber.
6.1 As a Nimbus Homes User you are to use all Nimbus Home Services strictly for personal and non-commercial purposes only.
6.2 You warrant that the service venue provided is a private residential property and not an office, hostel, dormitory, or a place of business.
6.3 You shall use the Nimbus Home Services in an ethical, appropriate, and responsible manner.
6.4 As a Nimbus Homes User you are to ensure that your activities do not impair the ability of other Nimbus Homes Users to have access to reliable Nimbus Home Services. You shall not abuse, misuse, exhaust or otherwise take unfair advantage of Nimbus Home Services to the detriment of other Nimbus Homes Users.
6.5 You warrant that the information provided to Nimbus Homes is true, accurate and not misleading in any way.
6.6 You warrant that you have all requisite authority, and legal right, to authorise Nimbus Homes to provide its services at the service venue provided by you in your subscription/booking.
6.7 You shall do all things necessary to enable the Nimbus Homes personnel to efficiently perform the services subscribed to.
6.8 You shall provide all basic equipment reasonably expected to be necessary for the provision of its services to the Subscriber, namely:
For house cleaning:
a) vacuum cleaner (or broom with dustpan);
b) mop with mop pole (or spray mop);
c) pail with mop wringer;
d) Any other empty pail);
e) toilet brush;
f) Ladder (not exceeding 2m in height)
6.9 You shall do all things necessary to ensure a safe environment for the Nimbus Homes personnel to provide its services and undertake to immediately notify Nimbus Homes and apply to temporarily suspend Nimbus Home services where you have reason to believe that such a safe environment cannot be provided.
6.10 For the avoidance of doubt, the environment shall be deemed to be unsafe where the premises for which Nimbus Home services are to be provided have been recently visited, occupied, or otherwise used, by any person:
a) with symptoms associated with a possible COVID-19 infection; or
b) subject to any movement control measure.
6.11 You shall ensure that any tools/equipment/product provided by you for Nimbus Homes personnel’s use shall be safe and suitable for its purpose.
6.12 Nimbus Homes shall be permitted to suspend/terminate your subscription/account in the event that any of the above obligations are suspected/found to have been wrong, untruthful, falsified, inaccurate and/or breached.
7.1 Subscribers shall have 24 hours (“Dispute Period”) following completion of a scheduled session to raise any issues with the service provided (“Subscriber Dispute”), namely if the service was not up to reasonable standard and quality, or if there is any suspected damage to property.
7.2 All Subscriber Disputes may be raised via email at gday@nimbushomes.com and shall be subject to investigation by our Nimbus Homes team.
7.3 You are solely responsible for the provision of such evidence to substantiate your Subscriber Dispute.
7.4 You acknowledge and agree that Nimbus Homes is deemed to have provided acceptable quality service unless proven otherwise.
7.5 Nimbus Homes shall not be liable for any damage caused by its personnel to property or service location where such damage is in any way due to your breach of these T&Cs, including failure to provide the personnel with safe and suitable equipment and/or environment for them to provide their services. Nimbus Homes shall only be responsible for any damage caused by the gross negligence of its personnel, where such alleged cost of damage exceeds [20%] of the monthly subscription amount paid for such service, or for one-off bookings of which its value is lower than .
7.6 In the event that Nimbus Homes finds in favour of the Subscriber:
a) where such Subscriber Dispute pertains to the quality of service provided, Nimbus Homes shall either (i) arrange for another personnel to attend at the service location, at no additional cost to the Subscriber, at a time and date agreed between parties, to rectify the service to a reasonable standard; or (ii) provide the Subscriber with a partial or full refund (as may be determined by Nimbus Homes at its sole discretion) for the relevant session; and
b) where such Subscriber Dispute pertains to damaged property solely due to the gross negligence of Nimbus Homes personnel, Nimbus Homes shall compensate theSubscriber for such sums reasonably sought by the Subscriber/ as Nimbus Homes deems fit for such damages. The Subscriber is solely responsible for providing such satisfactory proof of the cost of such item (e.g. receipts and invoices), without which the amount of damages shall be determined at the sole discretion of Nimbus Homes (taking into consideration the amount claimed by the Subscriber and the objective value of such item(s)). In any case, any and all compensation shall not exceed the amounts paid for such services by the Subscriber.
7.7 Upon completion of such rectification services/payment of damages, the Subscriber Dispute shall be deemed to have been resolved and the matter closed. Nimbus Homes shall not be obliged to entertain any further claims pertaining to the same issues thereafter.
7.8 In the event that the Subscriber fails to bring a Subscriber Dispute within the Dispute Period,Nimbus Homes shall not be obliged to provide any rectification services or damages to theSubscriber, and shall be entitled to summarily dismiss such Subscriber Dispute.
7.9 Save as provided herein, the Subscriber acknowledges and agrees that Nimbus Homes shall not be liable for any other loss or damage suffered by the Subscriber arising from or in connection to a Subscriber Dispute.
8.1 In the event that any of our Nimbus Homes personnel suffer from any personal injury or disease as a result of negligence, a breach of statutory duty, and/or a breach of these T&Cs by theSubscriber, the Subscriber shall:
a) be responsible to such personnel for any personal injury, disease, and/or consequential damages (including loss of income) that may be sustained by such personnel, and shall fully compensate such personnel accordingly;
b) agree to indemnify, defend, and hold harmless Nimbus Homes against any and all claims, demands, liabilities, losses, costs, damages (whether consequential or otherwise) and expenses (including, without limitation, reasonable legal fees) arising from or in connection with such personal injury/disease suffered by said personnel; and
c) for the avoidance of doubt, consequential damages due to Nimbus Homes shall include, without limitation, all loss of profit suffered by Nimbus Homes where, in connection with a breach of these T&Cs by the Subscriber, one or more of Nimbus Homes personnel are unable to properly discharge their duties to or on behalf of Nimbus Homes as a result of contracting COVID-19 or being subject to a movement control.
8.2 Upon discovery of such personal injury or disease suffered by its personnel, Nimbus Homes will notify the Subscriber, soonest practicable. In any case, such notification shall be within [7]Business Days from the date of booking served by such personnel for such Subscriber.
8.3 You are expected to respond within [3-5] Business Days upon receipt of such notification should you disagree with such claim. Failure to respond within the stipulated time shall be deemed as acknowledgment and acceptance of the claim against you and you shall be solely responsible for such compensation and indemnification as set out above.
8.4 You hereby acknowledge and agree to our Payment Agent automatically processing such amounts from you upon the completion of recurring bookings. You acknowledge and agree thatNimbus Homes shall be entitled to deduct such amounts from you.
9.1 Disclaimer
a) The Nimbus Home Services are provided “as is” and “as available.” Nimbus Homes disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b) In addition, Nimbus Homes makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Nimbus Homes Platforms or any content, services or goods linked through the use of the Nimbus Homes Platforms, or that the services provided will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Nimbus Home Services, and any content service or good obtained in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
9.2 Limitation of Liability
a) Nimbus Homes shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Nimbus Home Services, even if Nimbus Homes has been advised of the possibility of such damages. Nimbus Homes shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Nimbus Home Services or your inability to access or use the Nimbus Home Services.
b) Notwithstanding any provision to the contrary, the liability of Nimbus Homes shall in all events be limited to the amount to aggregate fees paid by you to Nimbus Homes in the[1-month period] preceding the date of your claim.
c) The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
9.3 Indemnity
You agree to indemnify and hold Nimbus Homes and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Nimbus Home Services; or (ii)your breach or violation of any of these T&Cs.
9.4 Suspension, Alteration or Abolishment of Nimbus Home Services
Nimbus Homes may suspend, alter or abolish part of or the entirety of the Nimbus Home Services at its sole and absolute discretion.
9.5 Assignment
Nimbus Homes shall be entitled to assign or transfer, whether absolutely, by way of security or otherwise, all or any part of its rights or obligations under these T&Cs (including any document incorporate by way of reference to them) without the prior consent of the Nimbus Homes User.
9.6 Notices
a) All notices, demands or other communications made by Nimbus Homes to you shall be made in writing and may be delivered through any Nimbus Homes Platform, by hand, by prepaid registered post, by electronic mail, or through the short messaging system(“SMS”), and shall be deemed to have been duly served (if sent through the internal messaging system, by hand, sent by facsimile, by electronic mail, or by SMS)immediately upon transmission or (if sent via prepaid registered post) on the third Business Day after posting.
b) Any notice, demand, or communication by you to Nimbus Homes shall be made in writing and may be delivered through any Nimbus Homes Platform, by hand, by prepaid registered post, or by electronic mail, but shall be deemed to be duly served only upon actual receipt by Nimbus Homes of such notice, demand, or communication.
9.7 Severance
If any provision of this T&Cs is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of this T&Cs, which shall remain valid and enforceable.
9.8 Entire Agreement
These T&Cs (including any document incorporated by way of reference to them) shall constitute the whole agreement between Nimbus Homes and you concerning the use of the Nimbus Home Services.
9.9 Third Party Rights
A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them under the Australian Consumer Law or any other statutory provisions in Australia to enforce any term of these Terms and Conditions. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
9.10 Force Majeure
Nimbus Homes shall not be liable for failures or delays in providing the Nimbus Homes Services arising from any cause beyond its control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems.
9.11 Governing Law and Jurisdiction
a) These Terms and Conditions (T&Cs) and any non-contractual obligations arising out of, or in connection with these T&Cs, shall be governed by and interpreted in accordance with the laws of Australia, excluding its conflict of law provisions. Any dispute arising from or related to these T&Cs shall be subject to the exclusive jurisdiction of the courts of Australia.
b) In the event of any dispute or claim arising out of or in connection with these T&Cs, the parties shall first attempt to resolve the matter through amicable negotiation. If the dispute or claim cannot be resolved through negotiation within a period of four weeks, either party may seek legal recourse through the courts of Australia.
DEFINITIONS AND INTERPRETATION
1. Definitions
In these T&Cs, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Business Day” means a day other than a Saturday or Sunday or public holiday in Australia on which banks are open in Singapore for general commercial business;
“Dispute Period” has the meaning ascribed to it in clause 7.1;
“Feedback” has the meaning ascribed to it in clause 3.7(b);
“Payment Agent” means third party escrow and payment agent(s) engaged by Nimbus Homes to collect the fees and charges payable for Nimbus Homes products and services;
“Recurring Bookings” has the meaning ascribed to it in clause 3.1(a);
“Nimbus Homes User” has the meaning ascribed to it in clause 1.1;
“Subscriber” means an individual who has booked and/or subscribed to Nimbus Home Services; and
“Subscriber Dispute” has the meaning ascribed to it in clause 7.1.
"ABN" stands for Australian Business Number, a unique identifier provided to all businesses registered in Australia. In the context of these T&Cs, it refers to the ABN of Nimbus(Australia) Pty Ltd.
"ACN" stands for Australian Company Number, a unique nine-digit number issued to every company in Australia by the Australian Securities and Investments Commission (ASIC). It serves as an identifier for the company under the Corporations Act 2001.
"Privacy Policy" refers to Nimbus Homes' policy regarding the collection, use, protection, and disclosure of personal information obtained from Users through the Nimbus Homes Platforms.
"Intellectual Property Rights" include all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Australian Consumer Law" means the national law for fair trading and consumer protection, which is a schedule to the Competition and Consumer Act 2010 (Cth).
2. Interpretation
In these T&Cs:
a) a reference to a statute or other legislation includes regulations and other instruments under it, as may be amended from time to time;
b) references to any agreement or document in these T&Cs shall include references to such agreement or document as from time to time amended or modified;
c) references to “days” and “months” in these T&Cs means calendar days/months; and
d) the headings in these T&Cs are for convenience only and shall not affect the interpretation and construction hereof.
e) Any references to "include", "includes", "including", "in particular" or any similar expressions are to be construed as illustrative and shall not limit the sense of the words preceding those terms.
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