Welcome to Jobbees! Jobbees is an online marketplace for services

PART 1 : ALL USERS

1. ELIGIBILITY

   1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
      1. over the age of 18 years and accessing the Platform for personal use; or
      2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
   2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
   3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

   1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
   2. Your Account must be activated and you must go through any required identify verification service set out below in clause 7, before your Account is active (Activation). You must go through Activation before you and can post any Jobs or Offers as set out below.
   3. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, date of birth, mobile phone number, and other information as determined by Jobbees from time to time.
   4. You warrant that any information you give to Jobbees while completing the Account registration process will always be accurate, honest, correct, and up to date.
   5. You may register for an Account using your mobile number or other third party login like Apple, Google+ or Facebook (Third Party Account). If you sign in to your Account using your Third Party Account, you authorise us to access certain information on your Third Party Account including but not limited to your current profile photo and other basic information, if available.
   6. Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
   7. You may only have one Account on the Platform and Accounts cannot be transferred or used by another person.
   8. Once you complete the Account registration process, Jobbees may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
   9. Jobbees reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
   10. Jobbees may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. HOW IT WORKS – PLATFORM SUMMARY

   The Platform provides an introductory service for Jobbers and Customers.

   1. JOBS

      1. Customer must first create an Account on the Platform, and that Account must be active and go through any Activation process as set out above.
      2. Customers may then post an accurate and complete description of services required from Jobbers on the Platform (Job).
      3. Customers then await offers from Jobbers in response to Jobs.

   2. OFFER

      1. Jobbers may offer their services in response to posted Jobs with the intention of completing any offer (Offer).
      2. Jobbers must have an Account that is active and go through any Activation process as set out above before providing an Offer.

   3. CONTRACT

      1. A contract forms when there is online consent between the Customer and the Jobber, when the Customer accepts the Offer from the Jobber for completion of the Job (Contract).

4. USER OBLIGATIONS

   As a User, you agree:

   1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
   2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Jobbees of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
   3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
      1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
      2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Jobbees.
   4. not to act in any way that may harm the reputation of Jobbees or associated or interested parties or do anything at all contrary to the interests of Jobbees or the Platform.
   5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Jobbees;
   6. that Jobbees may change any features of the Platform or Services offered through the Platform at any time without notice to you;
   7. that information given to you through the Platform, by Jobbees or another User including a Jobber, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
   8. that Jobbees may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and
   9. all Users of Jobbees platform must respond within three business days when asked for information regarding a job contract or related information by another User or by Jobbees. A business day is any day where banks or open and not a declared holiday by the government in the jurisdiction where you are located, excluding other than Saturdays and Sundays.

5. ALERTS AND NOTIFICATIONS

   By signing up to our Platform and Services, you consent to Jobbees sending you alerts and notifications based on your preferences (Alerts). Alerts can be sent for purposes including promotional purposes and to keep you informed about the Services. Alerts will be sent via SMS, email, or via the Platform, such as in app notification.

   You can change your Alert Preferences using the functionality on the Platform.

6. RATINGS AND REVIEWS

   1. You may rate another User on the experience you had with that User (Rating) and/or may provide feedback to other Users regarding the experience you had with them, including services provided or received from them ((Review).
   2. Ratings and Reviews may include providing information on how many jobs that user has completed and information on completion rate.
   3. Ratings and Reviews can be viewed by any User and will remain viewable until the relevant User’s Account and/or Job is removed or terminated.
   4. You must only provide true, fair and accurate information in your Reviews.
   5. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant User from posting further Reviews. We do not undertake to review each Review made.
   6. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
   7. You may not publish Reviews of another User to whom you have a personal or professional relationship (separately from the Platform).
   8. You may only write a Review about another User if you have had a buying or service experience with that User, which means that:
      1. you have purchased a service from that User via the Platform; or
      2. you have performed a service for that User via the Platform; or
      3. you have placed an order with that User via the Platform; or
      4. you can otherwise document your interaction with that User, including via correspondence or other interaction with the Jobber via the Platform,
      (collectively referred to as a Service Experience ).
   9. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
   10. You may not write a Review about a service (including a Jobber) you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that service, or work for the User. Similarly, you may not write a Review about a direct competitor to the service you own, are employed by or work for.
   11. Your Service Experience must have occurred within the last 12 months when you submit a Review.
   12. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by another User to write a Review or give a Rating, you should include information about this in your Review. Incentives include the Jobber offering you a gift, reward, discount or advantage for writing a Review about the Jobber.

7. IDENTITY VERIFICATION

   1. (Verification)We may offer or require Users to verify their details, including their identity and qualifications (including providing details of certificates, diplomas, driver licence, working with children checks, criminal records checks, working rights checks, and other required licences, clearances and registrations) using our processes or an external identity verification service as applicable(Verification Service).
   2. (Your personal information and privacy)We will collect your personal information in accordance with our Privacy Policy as set out in clause 19. Where a Verification Service is used, you acknowledge and agree that:
      1. we may contact and share your personal information with a Verification Service to verify your details;
      2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
   3. (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
   4. We may provide Users with a bade identifying that they have used the Verification Service as displayed on the Platform(Jobbees Badge).
   5. (Warranty and Indemnity)You acknowledge and agree that:
      1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
      2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
      3. we do not endorse any User, Job or Verification Service.

8. POSTED MATERIALS

   1. WARRANTIES

      By providing or posting any information, materials or other content on the Platform including in any Job, Offer or Proposal (Posted Material), you represent and warrant that:

      1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
      2. the Posted Material is accurate and true at the time it is provided;
      3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
      4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
      5. the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
      6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
      7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system;
      8. the Posted Material does not breach or infringe any applicable laws; and
      9. that you are not sharing any private information in any Posted Material, such as phone numbers, email IDs, public profile links, websites or photos and materials revealing private information which could help any other Users to contact each other and bypass the Platform.

   2. LICENCE

      1. You grant to Jobbees a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Jobbees to use, exploit or otherwise enjoy the benefit of such Posted Material.
      2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Jobbees from any and all claims that you could assert against Jobbees by virtue of any such moral rights.
      3. You indemnify Jobbees against all damages, losses, costs and expenses incurred by Jobbees arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

   3. REMOVAL

      1. Jobbees acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Jobbees may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
      2. You agree that you are responsible for keeping and maintaining records of Posted Material.

9. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

   Jobbees will have no liability or obligation to you if:

   1. a Customer or Jobber cancels at any time after the time for performance of the Job is agreed; or
   2. for whatever reason, including technical faults, the services in a Job cannot be performed or completed,

   and you will not be entitled to any compensation from Jobbees.

10. PAYMENT GATEWAY – ONLINE PAYMENT PARTNER

    1. We may use a payment gateway or third-party online payment partner, (Online Payment Partner) to collect payments on the Platform, including for our Services.
    2. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
    3. You agree to release Jobbees and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
    4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

11. SERVICE LIMITATIONS

    While we will use our best endeavours to ensure the Platform is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

    1. the Platform may have errors or defects;
    2. the Platform may not be always accessible at all times;
    3. messages sent through the Platform may not be delivered promptly or delivered at all;
    4. information you receive or supply through the Platform may not be secure or confidential; or
    5. any information provided through the Platform may not be accurate or true.

12. INTELLECTUAL PROPERTY

    1. Jobbees retains ownership of, or provides you with a sublicense to (as the case may be all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of browsing and viewing the Platform, engaging with other Users, listing your services and requesting services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Jobbees or as permitted by law.
    3. In this clause 12,"Intellectual Property Rights"means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

13. THIRD PARTY CONTENT

    The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Jobbees accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

14. THIRD PARTY TERMS

    1. Any service that requires Jobbees to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
    2. Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, provided that Jobbees has attempted to notify the User of the relevant Third Party Terms, by instructing Jobbees to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

15. DISPUTES BETWEEN USERS

    1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
    2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Jobbees via support@jobbees.com.au or you can using the functionality on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
    3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
    4. Jobbees has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
    5. Jobbees reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
    6. If you have a dispute with Jobbees, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
    7. Notwithstanding any other provision of this clause 15, you or Jobbees may at any time cancel your Account or discontinue your use of the Platform.

16. SECURITY

    Jobbees does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

17. DISCLAIMER

    1. (Introduction service)Jobbees is a medium that facilitates the introduction of Customers and Jobbers for the purposes of providing and receiving services via the Platform. Jobbees simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Jobbers in relation to such services or otherwise resulting from the introduction.
    2. (Limitation of liability)To the maximum extent permitted by applicable law, the total liability of each party in respect of loss or damage sustained by the other party is limited to the Job Fee received by Jobbees in respect of the relevant User, except in respect of your liability for loss or damage sustained by Jobbees arising from any breach of Part A clauses 1, 2, 4, 6, 7, 8, 9, 18, and 22, Part B (in respect of Jobbers), or Part C (in respect of Customers).
    3. (Disclaimer)All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
    4. (Consumer law)Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)(ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    5. (Consequential loss)To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with the Platform, this agreement or any goods or services provided by Jobbees, except:
       1. in relation to your liability for loss or damage sustained by Jobbees arising from any breach of Part A clauses 1, 2, 4, 6, 7, 8, 9, 18, and 22, Part B (in respect of Jobbers), or Part C (in respect of Customers).
       2. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
       3. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
    6. For the avoidance of doubt, the limitation of liability under clauses 17.1(b) and 17.1(g) only applies between Jobbees and Users and does not apply not between individual Users (e.g. liability between Jobbers and Customers for services performed by a Jobber).

18. CONFIDENTIALITY

    You agree that:

    1. no information owned by Jobbees, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
    2. all communications involving the details of other users on this Platform and of the Jobber are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

19. PRIVACY AND COLLECTION NOTICE

    1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries, to provide you with Services and for other purposes set out in our Privacy Policy.
    2. We may collect sensitive information about you during the course of providing you the Services. The type of sensitive information we may collect includes criminal records.
    3. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
    4. You agree to be bound by the clauses outlined in our Privacy Policy, which can be accessed here link.

20. NOTICE REGARDING APPLE

    If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

    1. this agreement is are between you and Jobbees and not with Apple. Apple is not responsible for the Services or any content available on the Services;
    2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
    3. in the event of any failure of Jobbees to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Jobbees’ responsibility;
    4. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
       1. product liability claims;
       2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
       3. claims arising under consumer protection, privacy, or similar legislation;
    5. in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
    6. that you represent and warrant that:
       1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
       2. you are not listed on any U.S. Government list of prohibited or restricted parties;
    7. you must comply with applicable third party terms of this agreement when using the Services; and
    8. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

21. TERMINATION

    1. Jobbees reserves the right to terminate a User's access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
    2. In the event that a User's Account is terminated:
       1. the User's access to all posting tools on the Platform will be revoked;
       2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Jobs or requests); and
       3. the User may be unable to view the details of other Jobbers (including contact details, geographic details and any other details), and all Jobs previously posted by the respective User will also be removed from the Platform.
    3. Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform's functionality, where such functionality is available. Where such functionality is not available, Jobbees will effect such termination within a reasonable time after receiving written notice from the User.
    4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part 1 and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

22. TAX

    You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Jobbees will not be held accountable in relation to any transactions between Customers and Jobbers where tax related misconduct has occurred.

23. RECORD / AUDIT

    To the extent permitted by law, Jobbees reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Jobbees.

24. NOTICES

    1. A notice or other communication to a party under this agreement must be:
       1. in writing and in English; and
       2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address) .The parties may update their Email Address by notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
       1. 24 hours after the email was sent; or
       2. when replied to by the other party,

    whichever is earlier.

25. GENERAL

    1. GOVERNING LAW AND JURISDICTION

       This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    1. WAIVER

       No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    1. SEVERANCE

       Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

    1. JOINT AND SEVERAL LIABILITY

       An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    1. ASSIGNMENT

       A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

    1. COSTS

       Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

    1. ENTIRE AGREEMENT

       This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

    1. INTERPRETATION

       1. (singular and plural)words in the singular includes the plural (and vice versa);
       2. (gender)words indicating a gender includes the corresponding words of any other gender;
       3. (defined terms)if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
       4. (person)a a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
       5. (party)a a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
       6. (this agreement)a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
       7. (document)a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
       8. (headings)headings and words in bold type are for convenience only and do not affect interpretation;
       9. (includes)the word "includes" and similar words in any form is not a word of limitation; and
       10. (adverse interpretation)no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

PART 2: JOBBERS

1. ELIGIBILITY AND QUALIFICATIONS

   1. You must be at least 18 years and have legal working rights to work in Australia to be a Jobber.
   2. You must verify that any Customer is over 18 years old or has their parent or guardian's consent to use the Platform.
   3. If in any of your Jobs or anywhere on your Account you hold yourself out to possess certain qualifications or licences (Qualifications), you warrant to Jobbees that you do hold such Qualifications and if requested, will promptly provide Jobbees with evidence of the Qualifications.
   4. If you are providing your services to children, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. Jobbees is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify Jobbees against any claim that may arise in connection with your eligibility to work with people under 18 years old.

2. PROVISION OF SERVICES

   1. You must ensure that all services specified in a Job by a Customer, that is accepted by you in an Offer and forms a Contract, that you can perform all services:
      1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
      2. with due care and skill and in a professional, punctual and diligent manner;
      3. so that the services are fit for their intended purpose; and
      4. on the date and at the times set out in the Job or as agreed with the Customer.
   2. You must take all reasonable steps to complete the services as described in every Job that is accepted by you, including by not cancelling any part of such an Offer or Contract.
   3. You must perform all services personally or if you are using subcontractors, you must obtain the consent of both Jobbees and the Customer. Any approved subcontractors must also be members of the Platform and create an Account.
   4. You acknowledge and agree that a Customer may review and provide a rating of any services you provide under a Job on the Platform in accordance with clause 5 of this agreement.
   5. If a Customer requests to reschedule the delivery time for the services listed in a Job, you may choose to accept or reject such a request.

3. REFUNDS & CANCELLATIONS

   1. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Job, before you have performed all the relevant services, you must contact us using the Platform's functionality, including by providing details as to why you are cancelling. If Jobbees decides to investigate your request, you must provide assistance and information to Jobbees as reasonably requested.
   2. You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Job is in compliance with all applicable laws.
   3. If we accept your request to cancel a service set out in an accepted Job, we may take one or more of the following actions:
      1. cancel your Account and/or any membership you hold in connection with the Platform;
      2. refund the Quoted Amount (defined below) to the relevant Customer; and
      3. if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
   4. If a Jobber cancels a Contract more than three times in any twelve month period, Jobbees reserves the right to cancel or review the Jobber’s Account.
   5. You agree to honour and comply with the process set out in this clause 3 in the event of a pricing error in a Job.

4. BYPASSING

   1. You agree that while you are a Jobber on the Platform, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided services to directly or indirectly in connection with the Platform, to avoid any fees payable by the Platform. This provision will apply whether or not the relevant Customer or their representative is still active on the Platform.
   2. Jobbees may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 4.

5. INSURANCE

   1. We may provide Jobbers with insurance to cover the services a Jobber provides on the Platform.
   2. Details of this insurance will be set out on the Platform.
   3. We may require Jobbers to enter into a further agreement with us concerning insurance.
   4. The Jobber acknowledges that Jobbees may, in its discretion, hold insurances in relation to the services provided by Jobbers on the Platform, but such insurances may not cover the entirety of the Jobbers’ services provided. Jobbees will have no obligation or requirement to provide comprehensive insurance for the services provided by each and every Jobber on the Platform. The Jobber is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their provision of any services.
   5. If Jobbees notifies the Jobber that it holds insurance in relation to the services provided, or if the Jobber has paid an Excess Reduction Fee, the Jobber must not do or permit anything to be done which may make Jobbees' insurance invalid or able to be cancelled or which may increase Jobbees' insurance premiums.
   6. Jobbees reserves the right to apply any insurance policy it does hold in respect of the services provided by the Jobber, to damage or loss caused or contributed to by the Jobber, however Jobbees is under no obligation to. If Jobbees chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss, the Jobber will be required to pay any excess payable by Jobbees in respect of such a claim.

6. BINDING CONTRACT

   You agree that when you respond to a Customer’s Job with an Offer that this constitutes your intention and offer to enter into a contract with the Customer, where you will provide the Customer with the service as specified in the relevant Job, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when the Customer responds to your Offer, confirming that they accept your Offer.

7. WARRANTIES

   By listing yourself as a Jobber on the Platform, responding to a Job, including with an Offer, you represent and warrant that:

   1. you are able to fulfil the requirements of the services specified in the Job;
   2. yyou will provide services to each Customer:
      1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
      2. in compliance with all applicable laws; and
   3. any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

PART 3 : CUSTOMERS

1. JOBS

   You acknowledge and agree that:

   1. you must use your best endeavours to provide as much information as possible in a Job;
   2. any information you supply in Jobs must be true, timely and accurate;
   3. Jobbees may choose not to accept any Job you submit to the Platform, and Jobbees may limit the number of Jobs you can submit to the Platform;
   4. you must deal with any dispute with another User in accordance with clause 15;
   5. any additional terms and conditions relating to a Job, or a quote provided via the Platform, are solely between Users and do not involve Jobbees in any way, except that they must not be inconsistent with your obligations under this agreement; and
   6. Jobbees will have no responsibility for the accuracy, reliability or timeliness of any User’s response to a Job.

2. OFFERS AND FEES

   1. Viewing the Platform and posting a Job is free.
   2. You will be required to quote the cost of providing the services specified in each Job to a Jobber (Quoted Amount). We may charge you a service fee(Job Fee) or each Job that is accepted by a Jobber, and that may be charged upon checkout.
   3. When a Jobber accepts a Job, you will be prompted to pay the Quoted Amount, plus the Job Fee (together, the ‘Job Fee’).
   4. The Job Fee will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to the Jobber’s nominated bank account in accordance with the Online Payment Partner’s terms and conditions (minus any of our Job Fees if applicable).
   5. You may choose to add a tip for the Jobber on the Platform. If you add tips, they will be transferred to your Online Payment Partner account, and then forwarded onto the Jobber (minus any fees charged by the Online Payment Partner).
   6. You acknowledge and agree that:
      1. if you respond to an Offer of a Jobber in response to your posted Job, that will be your intention to enter into a contract with the Jobber;
      2. for each Job you submit that is accepted by a Jobber and forms a Contract, the Quoted Amount will be debited from your Account and Jobbees may keep a Job Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you;
      3. any terms and conditions relating to services or a quote provided via the Platform, including any Job or Contract, are solely between you and the relevant Jobber and do not involve Jobbees in any way, except that such terms and conditions must not be inconsistent with your or the Jobber’s obligations under this agreement;
      4. you appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting the Job Fee;
      5. agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly by you; and
      6. agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location.
   7. Jobbees reserves the right to change or waive the Job Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate 17 this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
   8. You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Job Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.

3. PAYMENT

   1. (Payment obligations)Unless otherwise agreed in writing with the Jobber, you must pay for all services specified in an accepted Job prior to the Jobber performing those services.
   2. (Card surcharges)Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
   3. (Pricing errors)In the event that we discover an error or inaccuracy in any price you have listed on the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Jobber, you will then have the option of listing the relevant services at the correct price, or cancelling your Job. If you choose to cancel your Job and payment has already been debited, the full amount will be credited back to your original method of payment.

4. CANCELLATIONS

   1. To the extent permitted by law , Jobbees will have no liability or obligation to you if you cancel a Job after it has been agreed and you will not be entitled to any compensation from Jobbees in relation to any such cancellation, including any portion of the Job Fee.
   2. If you wish to cancel services specified in an agreed Job, before the Jobber has performed them, you must contact the Jobber. If Jobbees decides to investigate your cancellation, you must provide assistance and information to Jobbees as reasonably requested.
   3. If you cancel a service specified in an agreed Job, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy of the Jobber.
   4. The Job Fee is by default non-refundable for change of mind. However, Jobbees may, in its absolute discretion, issue refunds of the Job Fee in certain circumstances, including where it is required to do so under the Competition and Consumer Act 2010 (Cth).

5. LINKED BUSINESSES

   You acknowledge and agree that:

   1. the Platform provides links and introductions to Jobbers owned and operated by third parties that are not under the control of Jobbees;
   2. the provision by Jobbees of introductions to Jobbers does not imply any endorsement or recommendation by Jobbees of any Jobber;
   3. Jobbees does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Jobber who uses or is listed on the Platform; and
   4. any terms and conditions relating to a Job or quote provided via the Platform constitute a contract between you and the Jobber once agreed in accordance with clause 3 and do not involve Jobbees in any way.

6. COMMUNICATION OUTSIDE THE PLATFORM

   1. You must not communicate with a Jobber, or request or entice a Jobber to communicate with you, outside the Platform in an attempt to circumvent or bypass the Platform or otherwise avoid any fees payable to Jobbees. This includes requesting a Jobber to provide additional services directly to you outside of the Platform after the completion of a 18 Job whilst the Jobber continues to offer those services on the Platform.
   2. Jobbees, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.