LAVANDA operates an online platform at www.lavanda.com.pa (the “Website”), through which “Users” can book a “Service” for the provision of cleaning services (“Cleaning Services”), by submitting a booking request. LAVANDA then, through its platform, matches the User’s request with the most suitable service provider from its database of businesses, enabling both the User and the Agent providing the service to coordinate with each other for the arrangement of the business or service.

 

The business involves providing Users with cleaning services through the platform and offering Agents a centralized service business through a digital platform that facilitates acquiring clients.

 

LAVANDA does not directly offer cleaning services but acts as a third-party facilitator of service contracts between the user and the business or Agent. Consequently, LAVANDA may receive and confirm cleaning service requests from Users, issue invoices on behalf of the Agent, and transmit payments to the Agent.

 

The User enters into two contractual relationships. The first contract is with LAVANDA, governing access to and use of the Website according to the terms and conditions of this Agreement. The second contract is with the Agent for the provision of Cleaning Services (the “Cleaning Agreement”).

 

AND THE PARTIES HEREBY AGREE:

 

Definitions and Interpretation

 

1.1. In these Terms (including the recitals), unless the context otherwise requires:

    •    “Booking”: means the reservation made by you on the Website for the provision of Cleaning Services;

    •    “Booking System”: means the online system that allows you to make a booking;

    •    “Cleaning Fee”: means the fee (including any goods and services tax, if applicable) for the Cleaning Services charged, as recommended by LAVANDA from time to time;

    •    “Intellectual Property Rights”: means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents, or other proprietary rights, or any right to register such rights, whether before or after your access to the Website;

    •    “Website Content”: means all material, content, and information available on the Website, including but not limited to written texts, graphics, images, photographs, logos, trademarks, audio material, video material, and any other form of expression;

    •    “You,” “your”: means you as a user of the Website.

 

1.2. In these Terms, unless the context otherwise requires:

    •    Headings are for convenience only and do not affect interpretation or construction;

    •    The singular includes the plural and vice versa;

    •    References to recitals, clauses, sub-clauses, paragraphs, annexes, or schedules are references to sections within these Terms;

    •    Words implying any gender include other genders;

    •    The word “person” includes an individual and any association, entity, or body corporate, whether incorporated or not;

    •    When any word or phrase is defined, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

    •    Reference to any law, proclamation, rule, code, regulation, or ordinance includes any amendments, consolidations, modifications, re-enactments, or replacements thereof;

    •    All monetary amounts are in U.S. dollars;

    •    The word “includes” is not a term of limitation;

    •    No construction rule applies to a party’s disadvantage because these Terms are prepared by (or on behalf of) that party;

    •    Reference to anything is to the whole and every part of it;

    •    Reference to a group of persons refers to all of them collectively and each of them individually; and

    •    Reference to a document includes all amendments or supplements to, replacements, or novations of that document.

 

These Terms of Use (“Terms”) govern your access to or use of the virtual platform, content, products, and services (“Services”) provided by LAVANDA.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

 

Terms and Conditions

 

2.1. Access to and use of the Website is subject to the terms and conditions of this agreement (“Terms”).

 

2.2. LAVANDA periodically reviews the Terms and reserves the right to modify them, without prior notice, by updating this document. You should review this document, as it is available on the Website, as any change to the Terms will take effect immediately from the date of publication in this document. Your continued use of the Website after such changes will be deemed acceptance of those changes.

 

2.3. You acknowledge that any hyperlink or other redirection tool that directs you to other websites operated by third parties appearing on the Website (“Third-Party Sites”) is not controlled by LAVANDA and is not part of the Website. You agree that you will not hold LAVANDA responsible or liable in any way for anything that occurs on any Third-Party Sites.

 

Acceptance

 

3.1. To use this Website and make a booking, you must first accept the Terms.

 

3.2. You accept the Terms by:

    •    Creating a user profile; and

    •    Clicking to accept the Terms.

 

When you make a booking and pay

 

3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:

    •    You are not of legal age to form a binding contract with LAVANDA; or

    •    You are a person restricted from entering into contracts under applicable law, in which case, you must immediately leave the Website.

 

3.4. By accepting the Terms, you confirm that you have read and understood them carefully and agree to be bound by them.

 

3.5. If you do not understand any part of the Terms, you should seek independent legal advice.

 

User Profile

 

4.1. You will be required to register your personal information, including your name, address, phone number, and payment details on the Website to make a booking (“User Profile”).

 

4.2. You will be given a username and password linked to your User Profile. The username and password are personal to you and non-transferable. You are responsible for all information posted or transmitted through the Booking System by any person using your username and password, and for any payment due for Cleaning Services acquired through the Booking System by anyone using your username and password. You must notify us of any breach of security concerning your username and password immediately.

 

4.3. You must manage bookings through the LAVANDA platform, canceling or rescheduling as necessary.

 

4.4. LAVANDA may delete or block User Profiles at its discretion. Blocked users are prohibited from setting up a new User Profile.

 

Services and Booking System

 

The user may choose between the different types of services listed on the platform (basic cleaning, cleaning with extras, recurring cleanings, immediate cleaning) and make a booking from their account.

 

To make a booking, you must log in to your User Profile or use the Booking System to request a booking, register, and pay. There is a minimum duration of twenty-four (24) hours for a booking. You will receive a booking request confirmation receipt from LAVANDA after submitting your booking request.

 

LAVANDA will then make your contact details, location, requested time, and cleaning service scope available to its network of agents. An available agent will confirm acceptance of the booking.

 

LAVANDA will send you a confirmation email once your booking payment is confirmed.

 

If the requested Booking cannot be facilitated, LAVANDA will arrange an alternative time for the Cleaning Service with you and an agent.

 

You are not allowed to hire agents directly; all bookings must be made through the booking system on the Website.

 

The Booking System is provided on the Website to enable you to make legitimate bookings and payments for those bookings, and for no other purpose.

 

You confirm that you are at least 18 years old and have the legal authority to use the Booking System in accordance with these Terms. You also agree that all information provided by you while using the Website and the Booking System will be true and accurate at all times.

 

Speculative, false, or fraudulent bookings are prohibited. You agree that the Booking System will only be used to make legitimate reservations for yourself or another person for whom you are legally authorized to act. You acknowledge that abuse of the Booking System may result in denial of access to the Booking System.

 

LAVANDA has the right at any time to add, change, or withdraw features available on the Website at its discretion.

 

LAVANDA cannot guarantee the gender of the assigned agent, nor can you request a male or female.

 

Promotions:

 

LAVANDA may, at its sole discretion, create promotional codes that may be redeemed for Account credits or other items or benefits related to the Services, subject to any additional terms LAVANDA sets for each promotional code. You agree that promotional codes: (i) must be used for the intended audience and purpose and lawfully; (ii) may not be duplicated, sold, or transferred in any way or made available to the general public (whether posted in a public forum or otherwise) unless with LAVANDA’s permission; (iii) may be invalidated by LAVANDA at any time for any reason without liability to LAVANDA; (iv) may be used only in accordance with the specific conditions LAVANDA sets for that promotional code; (v) are not valid as cash; and (vi) may expire before you use them. LAVANDA reserves the right to withhold or deduct credit or other items or benefits obtained through the use of promotional codes by you or any other user in the event LAVANDA determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal, or in violation of the promotional code terms or these Terms.

 

LAVANDA also offers special discounts for recurring services, as follows:

    •    2 cleanings per month = 5% discount

    •    3 cleanings per month = 10% discount

    •    4 cleanings per month = 15% discount

These cleanings must be paid in a single payment when scheduled.

 

Fees:

 

LAVANDA has the right to charge a fee for each Cleaning Service provided to a User through the Lavanda Services (“Fee”), which varies depending on the requested services.

 

LAVANDA reserves the right to modify the Fee Calculation at any time at its discretion based on local market factors and will notify the user if such modification results in a Fee change. Continued use of the LAVANDA Services after any such changes in the Fee Calculation implies user consent to those changes.

 

LAVANDA reserves the right to: (i) adjust the Fee in a particular case of Cleaning Services (e.g., if the agent did not complete the cleaning, etc.); or (ii) cancel the Fee in a particular case of Cleaning Services (e.g., the User was charged for Cleaning Services that were not provided, in case of a User complaint, fraud, etc.). LAVANDA’s decision to reduce or cancel the Fee will be made reasonably.

 

As part of the Services, LAVANDA provides the user with a system for electronic receipt delivery for Cleaning Services rendered. When a cleaning service is requested on the platform, LAVANDA prepares the corresponding receipt and issues it to the User via email or through the portal, with service confirmation. The receipts include a breakdown of amounts charged to the User for Cleaning Services and may include specific User information.

 

Payment:

 

You agree that, at the time of booking, your payment details will be transferred to LAVANDA’s secure payment gateway, which may verify funds availability in your nominated payment method to ensure sufficient funds are available.

 

When making the booking, you accept the automatic debit of the Payment Amount to your nominated payment method. You must ensure that there are sufficient funds available for debit at that time. Fees and charges related to insufficient funds at the time of debit will be passed on to you.

 

Upon receiving the Payment Amount, LAVANDA will hold it on behalf of the Business or Agent until it is remitted to the Agent, refunded to you (if eligible), or transferred to LAVANDA as payment for its fees and charges.

 

Users must make payments exclusively through the platform. Direct and cash payments to cleaning agents are prohibited.

 

LAVANDA will issue you an invoice.

 

For recurring cleanings, the total amount must be paid in full when requested by the user.

 

Changes and Cancellations:

 

You may cancel a booking on the Website, free of charge, up to 24 hours before the scheduled cleaning service start time.

 

If you cancel or modify a booking on the day the cleaning service is scheduled to begin, you will need to pay cancellation costs equivalent to 15% of the total bill. Likewise, these amounts will be charged if, at the agreed time, the Agent arrives and the User or person responsible is not at home at the time of the cleaning. The Agent will wait only 30 minutes; if the User has not arrived, they will be charged 20% of the total bill amount.

 

Modifications, extensions, or cancellations of a booking during the Service’s execution are not allowed.

 

The Cleaning Agreement will expire once the Cleaning Services have been completed.

 

If the Agent cannot fulfill a confirmed Booking (in whole or in part), a replacement will be assigned to you. If an alternative agent cannot be found, we will reschedule your booking to a new time that is convenient for you. If no suitable time can be found, you may cancel the booking at no cost.

 

Cleaning Services:

 

LAVANDA operates the Website as a third-party facilitator for Cleaning Services and provides you with the platform to acquire Cleaning Services.

 

LAVANDA is not an agent or broker for you or the cleaning agent. You enter into any transaction with an agent at your own risk.

 

LAVANDA does its best to oversee the cleaning services offered by an agent. However, LAVANDA makes no representations as to the safety, quality, condition, or description of the products used or cleaning services provided by the company. Any issues related to safety, quality, condition, or description should be reported to LAVANDA, who will then refer the matter to the business designated for your booking. For further information, refer to your cleaning contract’s terms and conditions.

 

All bookings are subject to agent availability.

 

Business Ratings

 

You may post ratings on the Website for the cleaning services provided (“Ratings”). Ratings will be made using stars, with five (5) being the highest and one (1) being the lowest.

 

Ratings must be based on demonstrable facts. They may contain written feedback and recommendations for service improvement, as well as compliments or notable aspects of the agent. Ratings may not contain offensive or abusive content, be subject to legal action, or in any other way be unlawful.

 

Ratings that violate this clause will not be published or will be removed. Ratings will identify the User who posted the Rating.

 

LAVANDA reserves the right to handle Ratings in any way it deems fit, including using them for additional rating services, passing them to third parties, or publishing them.

 

Multiple ratings, self-ratings, and other unjustified rating methods intended to manipulate the rating system are prohibited.

 

Termination

 

LAVANDA may, at its discretion, terminate your use or access to the Website at any time. If this occurs, we may notify you by email. If your use of the Website is terminated:

    •    You are no longer authorized to access the Website or use any other LAVANDA service with the email address you used to register on the Website or any other email address you own;

    •    You will still be subject to all restrictions imposed by the Terms; and

    •    All licenses granted by you, all waivers by LAVANDA, and all limitations of LAVANDA’s liability established in the Terms or elsewhere on the Website will survive the termination.

 

10.2. You may terminate this agreement by sending an email to LAVANDA, and your User Profile will be deactivated.

 

10.3. LAVANDA reserves the right to deduct outstanding charges and fees from LAVANDA and/or the agent on your User Profile before disabling it.

 

Dispute Resolution Policy

 

11.1. LAVANDA will do its best to mediate any dispute related to the Website’s use.

 

11.2. Disputes regarding Cleaning Services performed by agents or any other matters will be referred, if applicable, to external dispute resolution services or authorities.

 

11.3. Any service issue must be reported to LAVANDA within 24 hours. You must provide photos of an unsatisfactory cleaning within 24 hours of its completion.

 

Payment Security

 

12.1. We have taken all practical steps from a technical and systems perspective to ensure that all your information is well protected. A secure payment gateway is used to process all transactions and credit card details. LAVANDA makes no guarantees and no representations about the security or strength of the payment gateway and is not responsible for events arising from unauthorized access to your information.

 

Privacy

 

13.1 LAVANDA collects and stores the personal information entered in the User Profile. Personal information collected by LAVANDA will be maintained in accordance with our Privacy Policy available on the Website.

 

13.2. You agree that LAVANDA will disclose your personal information, including your name, address, and phone number, to the agent for the performance of Cleaning Services.

 

Intellectual Property

 

14.1. Website Content is protected by copyright, and LAVANDA reserves all intellectual property rights that may subsist in the Website Content and/or the Website.

 

14.2. By accepting the Terms, you are granted a non-exclusive license to:

    •    View the Website;

    •    Print pages from the Website in their original form; and

    •    Download any material from the Website for caching purposes only.

 

You may not, without prior written consent from LAVANDA, which may be withheld at its absolute discretion:

    •    (A) Copy, publish, reproduce, duplicate, or extract Website Content;

    •    (B) Redistribute, sell, rent, or license any Website Content; or

    •    (C) Edit, modify, or alter Website Content.

 

Acceptable Use

 

15.1. You may not use or allow the Website to be used in any way that:

    •    Violates any clause of the Terms;

    •    Infringes the intellectual property rights of LAVANDA or third parties;

    •    Is fraudulent or illegal; or

    •    Deteriorates the availability or accessibility of the Website.

 

15.2. You may not use or allow the Website to be used as a means to store, host, transmit, send, or distribute any material consisting of:

    •    (A) Spyware;

    •    (B) Computer viruses;

    •    (C) Trojan horses;

    •    (D) Worms;

    •    (E) Keystroke loggers; or

    •    (F) Any other malicious computer software.

 

Indemnity and Liability

 

16.1 General Indemnity

 

You agree to indemnify LAVANDA on demand against any claim, action, damage, loss, liability, cost, charge, expense, or payment that LAVANDA may pay, suffer, incur, or be liable for any act you commit or cause in violation of the Terms.

 

16.2 General Limitation of Liability

 

We are not liable to you in contract, tort, or equity for any direct, indirect, or consequential loss related to the Website Content, your use of, or reliance on, the Website Content, or any other matter related to the Website.

 

16.3 Liability for Cleaning Services

 

To the extent permitted by law, LAVANDA shall not be liable and is excluded from all liability for any loss or damage (including personal injury, loss of life, and property damage) that you or another person may suffer in connection with the offer or provision (or failure to provide) of Cleaning Services.

 

16.4 Information Accuracy

 

You acknowledge and agree that some Website Content may be provided via blogs or comments made by other users of the Website (e.g., Ratings), and LAVANDA does not accept any responsibility for the accuracy of such information or for any reliance on it. Website Content is provided to you solely as general information and is not intended to substitute for professional advice from a duly qualified professional (when applicable).

 

16.5 Acceptance

 

By using this Website, you acknowledge and agree that the indemnities and liability limitations in this clause 16 are reasonable.

 

Warranties and Representations

 

17.1. Use of this Website is at your own risk. Website Content and everything on the Website is provided on an “as is” and “as available” basis without any warranty or condition of any kind.

 

17.2. None of LAVANDA’s affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors make any express or implied representations or warranties regarding the Website Content or the Website.

 

General Provisions

 

18.1. Any provision or application of any provision of these Terms prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

 

18.2. Any provision or application of any provision of these Terms that is void, illegal, or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or the remaining provisions in that jurisdiction or any other jurisdiction.

 

18.3. If a clause is void, illegal, or unenforceable, it may be removed without affecting the applicability of the other provisions of these Terms.

 

18.4. These Terms shall be governed by and construed in accordance with the applicable law of the Republic of Panama, and you agree to submit to the non-exclusive jurisdiction of the Judicial Circuit of Panama City.