Terms And Conditions
Welcome to Australian Painting and Maintenance Services!
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the Australian Painting Platform (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Australian Painting and Maintenance Services Pty Ltd (Australian Painting and Maintenance, Australian Painting and Maintenance Services, Australian Painting Franchising, Australian Painting Management, we or us).
The remainder of this agreement is divided into three parts:
· Part A (All Users), which sets out terms that apply to all Users;
· Part B (Service Providers), which sets out additional terms that apply to Service Providers , being Australian Painting's official franchisees who are providing the painting services to the Customers; and
· Part C (Customers), which sets out additional terms that apply to Customers, being a person or entity that is seeking painting services.
If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.
When we talk about the "Services" in this agreement, we are referring to the painting services provided by Australian Painting via the Platform, which are intended to connect Customers with our franchisees.
If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
Part A All Users
(a) 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:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
(b) 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.
(c) 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.
(a) 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).
(b) As part of the Account registration process and as part of your continued use of the Platform, you may be 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, mobile phone number, and other information as determined by Australian Painting from time to time.
(c) You warrant that any information you give to Australian Painting in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Correspondence between Users must take place on the Platform.
(e) Once you complete the Account registration process, Australian Painting may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) Australian Painting reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) Australian Painting may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3 USER OBLIGATIONS
As a User, you agree:
(a) 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;
(b) 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 Australian Painting of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
(c) 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:
(i) 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
(ii) 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 Australian Painting;
(d) not to act in any way that may harm the reputation of Australian Painting or associated or interested parties or do anything at all contrary to the interests of Australian Painting or the Platform;
(e) 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 Australian Painting;
(f) that Australian Painting may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform, by Australian Painting or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Australian Painting 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.
4 POSTED MATERIALS
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) 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;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
(f) 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;
(g) 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; and
(h) the Posted Material does not breach or infringe any applicable laws.
(a) You grant to Australian Painting 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 Australian Painting to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Australian Painting from any and all claims that you could assert against Australian Painting by virtue of any such moral rights.
(c) You indemnify Australian Painting against all damages, losses, costs and expenses incurred by Australian Painting arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
(a) Australian Painting 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, Australian Painting 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.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Australian Painting will have no liability or obligation to you if:
(a) a Customer or Service Provider cancels at any time after the time for performance of the services is agreed; or
(b) for whatever reason, including technical faults, the services cannot be performed or completed,
and you will not be entitled to any compensation from Australian Painting other than in accordance with the terms set out at Part B and Part C.
6 IDENTITY VERIFICATION
(a) (Verification) We may offer or require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).
(i) we may contact and share your personal information with a Verification Service to verify your details;
(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(c) (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(d) (Warranty and Indemnity) You acknowledge and agree that:
(i) 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;
(ii) you should make your own inquiries as to other Users' identities before engaging in contracts with those Users; and
(iii) we do not endorse any User, Service Listing or Verification Service.
7 ONLINE PAYMENT PARTNER
(a) We use a third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
(b) 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.
(c) You agree to release Australian Painting 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.
(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
8 SERVICE LIMITATIONS
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Australian Painting cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
9 INTELLECTUAL PROPERTY
(a) Australian Painting retains ownership of 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.
(b) 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 using the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Australian Painting or as permitted by law.
(c) In this clause 9, "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.
10 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). Australian Painting 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.
11 THIRD PARTY TERMS
(a) Any service that requires Australian Painting 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.
(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Australian Painting to acquire the goods or services on the User's behalf, the User will be taken to have agreed to such Third Party Terms.
12 DISPUTES BETWEEN USERS
(a) 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.
(b) 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 Australian Painting via email@example.com . We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) Australian Painting 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.
(e) Australian Painting 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.
(f) If you have a dispute with Australian Painting, 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.
(g) Notwithstanding any other provision of this clause 12, you or Australian Painting may at any time cancel your Account or discontinue your use of the Platform.
Australian Painting 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.
(a) (Introduction service) Australian Painting is a medium that facilitates the introduction of Customers and Service Providers for the purposes of engaging residential and/or commercial painting services. Australian Painting 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 Service Providers in relation to such services or otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, Australian Painting excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) (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.
(e) (Indemnity) You agree to indemnify Australian Painting and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Services from another User.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Australian Painting 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 arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree that:
(a) no information owned by Australian Painting, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
17 COLLECTION NOTICE
NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(c) this agreement is between you and Australian Painting and not with Apple. Apple is not responsible for the Services or any content available on the Services;
(d) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
(e) in the event of any failure of Australian Painting 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 Australian Painting's responsibility;
(f) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(g) 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;
(h) that you represent and warrant that:
(i) 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
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) you must comply with applicable third party terms of this agreement when using the Services; and
(j) 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.
(a) Australian Painting 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.
(b) In the event that a User's Account is terminated:
(i) the User's access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings or service requests previously posted by the respective User will also be removed from the Platform.
(c) 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, Australian Painting will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A 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.
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 Australian Painting will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
20 RECORD / AUDIT
To the extent permitted by law, Australian Painting 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 Australian Painting.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) 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.
(b) 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:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
22.1 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.
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.
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.
22.4 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.
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.
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.
22.7 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.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (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;
(d) (person) 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;
(e) (party) 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;
(f) (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;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(j) (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 B Service Providers
1 SERVICE requests and listings
(a) As franchisees of Australian Painting, we will direct requests for services that have been submitted to the Platform by Customer (Service Requests) in accordance with your assigned territory, availability and otherwise as set out in the franchise arrangement you have with us.
(b) Where we direct you to a Service Request, you will be able to view details of the specific services requested, including any relevant contact details of the Customer.
(c) You acknowledge and agree that:
(i) where applicable, you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
(ii) any information you supply in a Service Listing must be true, timely and accurate;
(iii) you must take all reasonable steps to complete the services as described in every Service Request referred to you by Australian Painting and which you accept from a Customer, including by not cancelling any part of such a Service Request;
(iv) you must deal with any dispute with a Customer in accordance with clause 12 of Part A; and
(v) Australian Painting will have no responsibility for the accuracy, reliability or timeliness of any Customer's response to an accepted Service Request or Service Listing.
2 PROVISION OF SERVICES
(a) You must ensure that all services provided to a Customer in each accepted Service Request (Service Provider's Services) are delivered:
(i) in accordance with your obligations set out under the franchise agreement, all applicable laws, regulations, tax obligations and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner; and
(iii) so that the services are fit for their intended purpose.
(b) You acknowledge and agree that a Customer may review any services you provide on the Platform in accordance with clause 7 of Part C of this agreement.
(c) If a Customer requests to reschedule the delivery time for the services to be performed, you may choose to accept or reject such a request.
(a) You will be required to quote the cost of providing the Service Provider's Services to a Customer (Quoted Amount). We will charge you 10% of the Quoted Amount (Service Fee) for each Service Request that you accept.
(b) When you accept a Service Request, the Customer will be prompted to pay the Quoted Amount, plus the Service Fee (together, the 'Service Request Fee').
(c) The balance of the Service Request Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account once the services have been satisfactorily completed and in accordance with the Online Payment Partner's terms and conditions.
(i) appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
(ii) 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 to you; and
(iii) 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. The Online Payment Partner's current payment terms are available here: https://stripe.com/docs/payouts
(e) Australian Painting reserves the right to change or waive the Service 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 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.
(f) 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 Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
4 REFUNDS &CANCELLATIONS
(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel the Service Provider's Services , before you have performed all the relevant services, you must contact us, including by providing details as to why you are cancelling. If Australian Painting decides to investigate your request, you must provide assistance and information to Australian Painting as reasonably requested.
(b) You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling the Service Provider's Services is in compliance with all applicable laws.
(c) If we accept your request to cancel the Service Provider's Services, we may, subject to our sole discretion, take one or more of the following actions:
(i) refund the Quoted Amount and Service Fee to the relevant Customer; and
(ii) if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us if this has already been released to you, and issue you with an invoice for that amount.
(d) You agree to honour and comply with the process set out in this clause 4 in the event of a pricing error in a Service Listing or Service Request.
5 BINDING CONTRACT
Where applicable, you agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer's offer.
By listing yourself as a Service Provider on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:
(a) you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
(b) you will provide services to each Customer:
(i) 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
(ii) in compliance with all applicable laws; and
(c) 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 C Customers
1 SERVICE LISTINGS, SERVICE REQUESTS AND FEES
(a) You acknowledge and agree that:
(i) if you respond to a Service Listing or confirm a Service Request once a Service Provider responds to it, that will constitute your offer and intention to enter into a contract with the Service Provider;
(ii) for each offer you submit in response to a Service Listing on the Platform that is accepted by the relevant Service Provider, the Quoted Amount will be debited from your Account and Australian Painting will keep a Service Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you; and
(iii) any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve Australian Painting in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider's obligations under this agreement.
(b) When you submit a Service Request on the Platform, you must:
(i) only submit requests that are bone fide and accurate; and
(ii) truthfully fill out all the information requested by the Platform in relation to the Service Request.
(a) (Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in a Service Request accepted by a Service Provider prior to the Service Provider performing those services.
(b) (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).
(c) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) If a Service Provider cancels the Service Provider's Services after it has been agreed, we will refund you the full amount paid, which shall consist of the Quoted Amount and the Service Fee.
(b) If you wish to cancel the Service Provider's Services before the Service Provider has performed them, you must contact the Service Provider. If Australian Painting decides to investigate your cancellation, you must provide assistance and information to Australian Painting as reasonably requested.
(c) If you cancel the Service Provider's Services, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.
4 CUSTOMER OBLIGATIONS
(a) You agree to provide access to the premises where the services specified in a Service Listing or Request are to be provided by a Service Provider (Job Location).
(b) You warrant that you are the owner of the Job Location or you have obtained authority from the owner of the Job Location for the services to be performed on the Job Location.
(c) If the Service Provider is unable to gain access to the Job Location due to your non-compliance with this clause 4, omission, fault or otherwise, it is your responsibility to reschedule the Service Provider's Services and the Service Provider reserves the right to claim any additional expenses including travel and lost income and to charge this to you.
(d) You are required to obtain any authority or approval (including strata or building management approval if applicable) so that the Service Provider can carry out the services.
(e) You acknowledge and agree that:
(i) the Job Location will be safe and secure, free from any obstacles or other hazards that may cause injury to the Service Provider and its personnel or damage to the Service Provider's equipment;
(ii) that the Job Location will have a dedicated undercover area unaffected by weather for the safe and secure storage of tools and equipment within the Job Location, including electrical equipment, ladders, materials (Tools);
(iii) the Service Provider will have access to a dedicated undercover area for the cleaning and washing up of Tools within the Job Location;
(iv) the Service Provider will have access to any site amenities and facilities including power, running water and toilet facilities within the Job Location; and
(v) that the Job Location will be free of any furniture, equipment or any other items that may obstruct the Service Provider from performing the services. The Service Provider will not be responsible for any incomplete performance of the Service Provider's Services if any item obstructs the Service Provider's Services from being performed.
You acknowledge and agree that:
(a) you are solely responsible for your choice of paint colours and finishes and Australian Painting or the Service Providers will not be held responsible for any dissatisfaction with the colour or finish chosen by you;
(b) it is your responsibility for ensuring that the Job Location and any equipment or furniture at the Job Location is adequately protected from any damage, splash-back or leaks that might arise from the provision of the Service Provider's Services;
(c) the Service Provider's Services may be affected by various reasons outside the Service Provider's control, including work carried out on or around the Job Location by you or any third party, existing corrosion or moisture ingress, building movement or structural issues, or failure of a previous surface coating or substrate, including settling, movement, cracking, lifting, peeling, flaking or deterioration;
(d) the final colour of any paints may vary from the colour swabs, samples or electronic images viewed by or provided to you due to natural factors, such as light and age of the surface painted; and
(e) you will not raise any defect in the services or warranty claim arising out of or relating to any of the matters in this clause 5.
6 BOOKINGS AND COMPLAINTS
(a) (End of the Services) Upon completion of the Service Provider's Services, Australian Painting will promptly check in with the Client whether the services have been completed in a satisfactory manner.
(b) (Issues and Complaints) You will have [one (1) day] to review the Service Provider's Services at the Job Location and notify Australian Painting of any issues or complaints with the services. Australian Painting and/or the Service Provider reserves the right to first inspect the Job Location relating to a complaint. If Australian Painting and/or the Service Provider finds, in its reasonable discretion, that the issue subject of the complaint was due to the fault of the Service Provider or its personnel, then the Service Provider may remedy the issue at no additional cost to you. The Service Provider will not accept responsibility for any issues or complaints due to any use or access of the Job Location by anyone other than the Service Provider and its personnel after the services have first been completed pursuant to clause 66.1(a).
(c) (Additional Fees) If you request that the Service Provider returns to the Job Location to remedy an issue with the Service Provider's Services that did not arise as a result of the Service Provider's fault, then the Service Provider reserves the right to charge additional fees to compensate the Service Provider for its genuine costs in labour and equipment for remedying such issues.
7 RATINGS AND REVIEWS
(a) Customers may rate a Service Provider (Rating) and/or may provide feedback to Service Providers regarding the services Customers received from them (Review).
(b) Customers' Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Listing is removed or terminated.
(c) Customers must only provide true, fair and accurate information in their Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
(g) You may only write a Review about a Service Provider if you have had a service experience with that Service Provider, which means that:
(i) you have purchased a service from that Service Provider via the Platform; or
(ii) you have placed an order with the Service Provider via the Platform; or
(iii) you can otherwise document your use of the Service Provider's service, including via correspondence or other interaction with the Service Provider via the Platform,
(collectively referred to as a Service Experience).
(h) 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.
(i) You may not write a Review about a Service Provider 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 Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months when you submit a Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.
8 LINKED BUSINESSES
You acknowledge and agree that:
(a) the provision by Australian Painting of introductions to Service Providers does not imply any endorsement or recommendation by Australian Painting of any Service Provider; and
(b) any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve Australian Painting in any way.
9 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Service Listing or Service Request).
(b) Australian Painting, 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 9.