This online platform (Platform) is operated by Handymate AU ABN 72 601 007 032 or its successors and assignees (we, our or us). It is available at: www.handymate.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 Service Providers (Service Providers) with Customers (Customers) by facilitating introductions between Service Providers and Customers, including by providing a directory of Service Providers and Offers on our Platform.
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 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, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use Google Maps’ mapping services, including Google Maps API(s). Your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service.
(a) The Platform provides an introductory service for Service Providers and Customers.
(b) A Service Provider with an ability to perform services (Services) and with an Australian Business Number (ABN) (i) creates an account on the Platform, (ii) creates a page, outlining information about the business, including but not limited to the Services the Service Provider can provide (Service Provider Page); and (iii) posts indicative pricing for one or more of the service descriptions set out on the Platform which is then displayed publicly on the Platform (Offers).
(c) Each Offer posted on the platform must include indicative or firm pricing of the fee or price to be paid by the Customer (inclusive of GST). By creating an Offer, the Service Provider confirms that s/he is legally entitled to and capable of supplying the Services described in the Offer.
(d) A Customer with a requirement for a Service to be provided (i) may choose to create an account on the Platform (although this is not mandatory for browsing Offers), (ii) reviews the Offers uploaded by Service Providers and (iii) makes a request to the Service Provider for the Service described in the Offer (Offer Request). There is no limit to the amount of Offer Requests a Customer may make.
(e) The Service Provider and the Customer may then agree between themselves on the Platform or off the Platform as to the scope of the Services to be provided and the fee or price for those Services as all fees in Offers are indicative only. No transactions may be completed directly through the Platform.
(f) Service Providers and Customers (Users) may communicate through the Platform using our private messaging service. Each time a Platform user receives a message from the Platform messaging service, a notification may also be sent to the user via their currently active communication channel, such as their email and mobile phone as a text message. You may choose to opt out of receiving notifications via off Platform communication channels but this may impact your use of the Platform. Communications via the Platform messaging service may be accessed and monitored by us but we do not undertake to review every message sent via the Platform. The Service Provider and Customer can also communicate with one another off the Platform using the contact details set out in an Offer or Offer Request.
(g) Customers are encouraged to review Service Provider Pages for information about a Service Provider before making an Offer Request.
(h) As a Service Provider you agree that we may assist Customers in viewing and comparing Offers from a number of Service Providers.
(i) 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 and that no payment is to pass directly through our Platform. We are not an employment agency or labour hire business and Service Providers are not our employees, contractors, partners or agents.
(j) 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.
(k) We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of Services offered and the performance of Services.
(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) You may only have 1 Account as a Service Provider and 1 Account as a Customer on the Platform. If you are a Service Provider and you own more than one business, you must apply for a separate Account for each business.
(c) Customers must provide basic information when registering for an Account or making an Offer Request including name, email address, phone number and location and the Customer will need to choose a username and password. Some of the Customer’s basic contact details such as name, email, telephone number, location and their written message will be shared with the Service Provider when a Customer makes an Offer Request through the Platform.
(d) If you are a Service Provider, you will need to provide basic information about your business including your legal entity, contact details and your ABN as well as the type of Services you provide. This information will be displayed publicly. A Service Provider will also need to choose a username and password. We will review your request as a Service Provider for an Account before approving the request. We may request additional information, including details of your drivers’ licence, evidence of any public liability insurance or professional indemnity insurance and details of your technical expertise and any applicable qualifications or licences. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
(e) The username you choose as a Customer and/or Service Provider 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.
(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 as soon as possible. This includes (without limitation) Service Providers updating the status of their qualifications and licences to perform the Services in their Offers.
(g) You are responsible for keeping your Account and any Service Provider Page details and your username and password confidential and you will be liable for all activity on your Account, including Offers, Offer Requests and messages sent 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.
(a) We may require Service Providers to or we may provide the option for Service Providers to verify their identity and/or validate their qualifications, licences, Service Provider Page or Account using a third party identity verification service (Third Party Verification Service) from time to time.
(b) Where a Service Provider has been required to or elected to verify their identity, qualifications, or licences under this clause, a Service Provider acknowledges and agrees that:
(1) we may contact, connect to or otherwise liaise with Third Party Verification Services to validate your information (Verification Check);
(2) Third Party Verification Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform a Verification Check; and
(3) you may be charged (in our sole discretion) a non-refundable fee for the Verification Check (as set out on the Platform), and we will be under no obligation to perform the Verification Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.
(c) Following a successful Verification Check, a Service Provider agrees and acknowledges that:
(1) we may permit you to use verification signs or badges in connection with your Service Provider Page, Offer or Account to indicate that a successful Verification Check has been performed (Verification Badge); and
(2) a Verification Badge may only be used by the individual or business for whom the relevant Verification Check has been successfully performed and the relevant Verification Badge has been issued, and then, only where that individual or business is directly providing the relevant Services.
(d) You acknowledge and agree that:
(1) the Verification Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on the information provided by a Service Provider and/or information or checks performed by third parties;
(2) you should not rely on the Verification Checks or the Verification Badges, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Service Providers on the Platform.
(e) We make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:
(1) the accuracy, legitimacy, validity, credibility or authenticity of any Users on the Platform;
(2) the performance of any Verification Check; or
(3) the issuance of any Verification Badge; and
(4) to the maximum extent permitted by law, we accept no responsibility and exclude all liability arising from, or connected with, the Verification Checks or the Verification Badges, or any use of or reliance on Verification Checks or Verification Badges.
(a) Customers may rate a Service Provider (Rating) and/or may provide feedback to Service Provider regarding the Service Provider’s Services purchased by that Customer (Review).
(b) Ratings and Reviews made by a Customer can be viewed by any user and will remain viewable until the relevant Service Provider’s Account is removed or terminated.
(c) We may use Ratings and Reviews including the name of the Customer who created the Rating and/or Review in our marketing material on and off the Platform.
(d) A Customer must provide true, fair and accurate information in their Review.
(e) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Customer from posting the Review. We do not undertake to review each Review made by a Customer.
(f) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(g) You may not publish Reviews for Service Providers to which you have personal or professional relations.
(h) You can write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
(1) you have purchased a service from that Service Provider; or
(2) you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider, (collectively referred to as a Service Experience).
(i) 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.
(j) 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.
(k) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
(l) 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 on the Platform.
(a) It is free to register an Account on the Platform as a Customer.
For Service Providers
(b) We offer different subscription tiers described on the Platform (Subscriptions) which enable Service Providers to create an Account, Service Provider Page and create Offers. We may offer a base Subscription free of charge in which you will be allowed to create a Service Provider Page and Offers with limited features, as described on the Platform.
(c) The Subscription fee for access to the Platform as a Service Provider and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen via the Platform to your selected payment method on the calendar day corresponding to when you registered for an Account. In some cases your payment date may change, for example if payment is unable to be processed or if your Subscription began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the Subscription fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
(d) We provide no guarantee and make no representation that a paid or higher tiered paid Subscription will result in an increase in the number of Customers contacting you in relation to your Services as a Service Provider.
(e) If the Service Provider purchases a one-off fixed fee offering on the Platform such as a Verification Check the fee for this purchase will be displayed on the Platform and must be paid in advance via the available payment methods set out on the Platform.
(f) Any payments will be made through our third party payment processor, or by any other payment method set out on the Platform.
(g) All amounts are stated in Australian dollars and are inclusive of GST.
(h) To the extent permitted by law, our fees are non-cancellable and non-refundable.
Any cancellation, exchange or refund of Services provided by a Service Provider to a Customer is strictly a matter between the Service Provider and the Customer. We are not a party to the terms and conditions agreed to between the Service Provider and the Customer, including (but not limited to) any refund policy. These terms and conditions should be set out clearly between the Service Provider and the Customer. Service Providers and Customers are encouraged to enter into a written contract between each other independent of the 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.
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) as a Service Provider, offering any Services via an Offer that you do not intend to honour or cannot provide;
(g) as a Customer, making any Offer Requests to Service Providers that you do not intend to proceed with;
(h) sending any unsolicited messages using our Platform or to Users of our Platform, including in breach of the Spam Act 2003 (Cth); or
(i) facilitating or assisting a third party to do any of the above acts.
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.
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.
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.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Service Provider Pages, Offers and 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 and for our marketing purposes, including through our social media channels.
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, including any Offer.
Third party sites: Our Platform may contain links to websites operated by third parties or other references to third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites or the services provided by those third parties. You should make your own investigations with respect to the suitability of those websites and we accept no liability for any reliance by you on the content accessed via a third party link or services provided by third parties.
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.
(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 to the Customer might also confer you certain Statutory Rights.
(d) 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.
(e) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
(f) 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.
(g) 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:
(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.
(h) 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.
(i) You agree to comply with any applicable third-party terms when using our mobile application.
(j) 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.
(k) 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.
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Service Provider Pages, Customers, Services, Offers, Offer Requests, Reviews or Ratings including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) the Offers will be requested by Customers or that Customers will find the Services described in the Offers desirable;
(e) the Services provided by the Service Providers are of a particular standard of workmanship or meet the Offer description;
(f) the fees or Services described in a Service Provider’s Offer are correct or final;
(g) Customers are genuine customers with financial capacity to purchase the Services; or
(g) images on the platform represent the Service Provider or Services.
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, including reasonable legal costs. 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.
(a) You may cease using the Platform and 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. No refunds will be made upon deletion of your Account under this clause.
(b) At our sole discretion, we may suspend your Account or terminate these Terms and delete your Account immediately with notice if (I) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Service Provider your Offers, Services at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Reviews and/or Ratings or we have received complaints about you. No refunds will be made upon suspension or deletion of your Account under this clause.
Disputes between Service Providers and Customers: We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with each other directly. We do not assist or involve ourselves in any way in any dispute between a Customer and a Service Provider.
Disputes with us: 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.
(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.
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. We do not offer any insurance to Service Providers or Customers.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform and by notifying you by email. By continuing to use the Platform 30 days after notification, 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 Western Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia, Australia 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 notices, please contact us at:
Handymate AU ABN 72 601 007 032
Email: [email protected]
Last update: 19 December 2018