This online platform (Platform) is operated by Errander Pty Ltd ABN 61 631 164 184 or its successors and assignees (we, our or us). It is available at: https://errander.com.au/ and may be available through other addresses or channels, including on our mobile application. In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects people who need errands done (Customers) with people who can do errands (Service Providers) by facilitating introductions between Service Providers and Customers.

Acceptance

By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 13 years old.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf. These Terms supplement and incorporate any other policies and terms and conditions posted on the Platform. If you access or download our mobile application from (i) the Apple App 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 (ii) the Google Play Store, the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.] [Optional (if other API used – customise): We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.]

Platform Summary

(a) The Platform provides an introductory service for Service Providers and Customers.

(b) A Customer with a requirement for a service to be provided (i) creates an account on the Platform and (ii) posts an accurate and complete description of the service to be provided and price to be paid on the Platform (Listing).

(c) A Service Provider with an ability to perform services creates an account on the Platform.

(d) If a Service Provider desires to provide services to a Customer, the Service Provider may respond to the Listing and accept the offer price or the Service provider and Customer may agree an alternative price (which becomes a Booking). By accepting a Booking, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in the Listing.

(e) Once a Service Provider has accepted a Booking, the Service Provider and Customer can communicate privately using our private messaging service. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel.

(f) Once a Service Provider has provided the services requested by a Customer, the Service Provider [and the Customer] must provide notice that the Booking is complete by using the Platform functionality (Completed Booking).

(g) [Optional: If a Customer wants to raise a dispute regarding a Booking, the Customer must contact us within [48 hours] of the scheduled start time of the Booking.] (h) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are independent third party contractors not our employees, contractors, partners or agents.

(i) We are not a party to any agreement entered into between a Service Provider and a Customer. We have no control over the conduct of Service Providers, Customers or any other users of the Platform.

(j) We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of services offered or, the performance of services We do not assist or involve ourselves in any way in any dispute between a Customer and a Service Provider.

Collection Notice

(a) 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 and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and Profiles

(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.

(b) [Optional: You may only have 1 Account on the Platform. OR You may only have 1 Account as a Service Provider and 1 Account as a Customer on the Platform.] Optional if Service Providers with multiple businesses can apply for separate Accounts: If you are Service Provider and you own more than one business, you must apply for a separate Account for each business. Optional: We may provide you with multiple logins on request.

(c) You must provide basic information when registering for an Account including name, email address, location, credit card details if you are a Customer, bank account details if you are Service Provider and we will provide you with a username and password or you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

(d) You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to insert relevant your current profile photo and other basic information.

(e) Optional: Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.

(f) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

(g) You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

(h) You will immediately notify us of any unauthorised use of your Account.

(i) At our sole discretion, we may refuse to allow any person to register or create an Account.

Ratings and Reviews

(a) Customers and Service Providers may rate each other (Rating) and/or may provide feedback to each other regarding the Booking (Review).

(b) Ratings and Reviews of a Customer can be viewed by any user and will remain viewable until the relevant Service Provider’s or Customer’s Account is removed or terminated.

(c) A Customer and Service Provider must provide true, fair and accurate information in their Review.

(d) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Customer or Service Provider from posting the Review. We do not undertake to review each Review made by a Customer or Service Provider.

(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

(f) A Customer or Service Provider may not publish Reviews for the Customer or Service Provider, as applicable, to which they have no personal or professional relations.

Fees and Payments

(a) It is free to register an Account on the Platform. There is no charge for a Customer to create a Listing, or for other users to review content on the Platform, including Listings.

(b) Any payments will be made through our third party payment processor, currently Stripe or by any other payment method set out on the Platform.

(c) A Customer’s credit/debit card will be pre-authorised up to the amount of the relevant fees agreed in the Booking (Listing Fees) at the time s/he makes a Booking. Payment will be processed: (i) if the Service Provider is set up on the Platform to review Listings at the time the Service Provider accepts the Booking, or (ii) if the Service Provider has opted for automatic confirmation, at the time when the Booking is made.

(d) Upon a Completed Booking, the Listing Fees will be paid to the Service Provider after deduction of our service fee which is set out on the Platform.

(e) To the extent permitted by law, our service fee is non-cancellable and non-refundable.

Refund and Cancellation Policy

Any cancellation, exchange or refund is strictly a matter between the Service Provider and the Customer. The terms and conditions agreed to between the Service Provider and the Customer should be set out clearly in Listing in respect of the services

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b) using our Platform to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Platform;

(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;

(f) using our Platform to find a Customer or Service Provider and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;

(g) as a Service Provider, offering any services that you do not intend to honour or cannot provide;

(h) as a Customer, making any offers to Service Providers that you do not intend to offer; (i) using our Platform to send unsolicited email messages; or

(j) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use. No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content. You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Platform, including (without limitation) by: (1) altering or modifying any of the Content; (2) causing any of the Content to be framed or embedded in another website; or (3) creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform. You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content. Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites. Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). (b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. (c) The services provided by a Service Provider might also confer you certain Statutory Rights.

Notice regarding Apple

(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

(f) You agree to comply with any applicable third-party terms when using our mobile application.

(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

(h) You hereby 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.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, or Listings including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(d) access will be uninterrupted, error-free and free from viruses;

(e) our Platform will be secure;

(f) services will be requested by Customers or that Customers will find desirable services;

(g) services are of a particular standard of workmanship or meet the Listing description. You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: (a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: (1) loss of, or damage to, any property, or any injury or loss to any person; (2) failure or delay in providing the Platform or our services; or (3) breach of these Terms or any law, where caused or contributed to by any: (4) event or circumstance beyond our reasonable control; (5) a fault, defect, error or omission in your computing environment; or (6) act or omission of you or your related parties, (7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

(g) This clause will survive the termination or expiry of these Terms.

Termination

(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. No refunds will be made upon cancellation.

(h) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice] if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Service Provider your Listings or services at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Bookings.

(i) If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Service Provider breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.

Disputes: We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Insurance

We recommend that Service Providers obtain appropriate insurance for supplying their goods or services. If you are a Service Provider and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform or by notifying you by email. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. For any questions and notice

For any questions and notices, please contact us at:

Errander Pty Ltd ABN 61 631 164 184

Email: admin@errander.com.au 

Last update: 31 January, 2019