Terms and Conditions

SKILL POST- TERMS AND CONDITIONS

This online platform (Platform) is operated by Technology Domain Pty Ltd ACN 627 996 098 or its successors and assignees (we, our or us).  It is available at: www.skillpost.com.auand may be available through other addresses or channels.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects skilled individuals or service providers (Service Providers) with people requiring skills to be provided (Customers) by facilitating introductions between Service Providers and Customers including by providing a directory of Services Providers on our Platform.

Acceptance

By 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) and you understand them; (2) are at least 13 years of age and you 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 (3) agree to use the Platform in accordance with these Terms.

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) tocreate 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.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

  • The Platform provides an introductory service for Service Providers and Customers.
  • A Service Provider with skills and an ability to perform services (1) creates an account on the Platform and (2) posts an accurate and complete description of the services able to be provided, which may include indicative or firm pricing or fees to be paid by the Customer (Post). By creating a Post, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in the Post. If a Post includes firm pricing, it constitutes an offer from the Service Provider to provide the services.
  • A Customer with a requirement for a service to be provided by a skilled individual creates an account on the Platform and reviews the Posts uploaded by Service Providers. The Customer may contact the Service Provider by private message through the Platform and/or submit a request for a custom quote. If the Post includes firm pricing, a Customer places an order by clicking ‘Buy now’ (or similar) and accepts a Post (which becomes a Task).
  • Alternatively, the Customer may also post an accurate and complete description of the services they are seeking, which may include indicative pricing or fees to be paid to the Service Provider, timeframe for the delivery of the services and the meet up location. A Service Provider may respond to this description by making an offer which includes firm pricing or fees for services to be paid to the Service Provider (Offer). The Customer may accept an Offer (which becomes a Task).
  • Once a Service Provider has provided the services requested by a Customer, the Service Provider and the Customer must provide notice that the Task is complete by using the Platform functionality (Completed Task).
  • 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 not our employees, contractors, partners or agents.
  • 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.
  • We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of services or any products offered or the performance of services.

Registration and Profiles

  • 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.
  • You may use 1 Account on the Platform as a Service Provider and as a Customer. If you are a Service Provider and you own more than one business, you may apply for a separate Account for each business.
  • You must provide basic information when registering for an Account including name, email address and phone number, and 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.
  • If you are a Service Provider, you will be asked to upload either your resume or link to your LinkedIn profile. If you choose to link to your LinkedIn profile, you will log into your LinkedIn account via API and your profile information will be sent to the Platform. We will review your request for an Account before approving the request. We may request additional information from you. If you do not provide us with information we reasonably request, or if you provide us with any information which indicates that 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. The Platform is designed for Australian professionals and as such we will consider your location, experience and skills when making our assessment. We endeavour to respond to Account requests within 24 hours but we do not guarantee this time frame.
  • Once you have registered an Account, your account information or your LinkedIn profile 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.
  • 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.
  • 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.
  • You will immediately notify us of any unauthorised use of your Account.
  • At our sole discretion, we may refuse to allow any person to register or create an Account.

Ratings and Reviews

  • Customers with an Account may rate a Post (Rating) and/or may provide feedback and comments to Service Provider regarding the Service Provider’s services purchased by that Customer (Reviews).
  • Ratings and Reviews of a Customer can be viewed by any user and will remain viewable until the relevant Service Provider’s Account is removed or terminated.
  • A Customer must provide true, fair and accurate information in their Review.
  • 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.
  • To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • You may not publish Reviews for Service Providers to which you have personal or professional relations.

Fees and Payments

General

  • It is free to register an Account on the Platform both as a Customer and a Service Provider. There is no charge for users to review content on the Platform, including Posts and for Customers to send private messages to Service Providers through the Platform.
  • Any payments will be made through our third party payment processor, currently PayPal or by any other payment method set out on the Platform.
  • To the extent permitted by law, our fees are non-cancellable and non-refundable.

 

Task fees

  • A Customer must pay the relevant fees set out in the Post or in the Offer (Task Fee) upfront at the time s/he places an order in response to a Post or accepts an Offer.

Upon a Completed Task, the Task Fee will be paid to the Service Provider less our service fee which is set out on the Platform.

 

Packs for Service Providers

  • We offer different packages described on the Platform (Packs) to enable you to create Posts. We may offer a standard Pack free of charge in which you will be allowed to create a Post with limited features, as described on the Platform.
  • Packs will be posted on the Platform for the number of days set out on the Platform depending on the Pack chosen and can be edited free of charge.
  • You can request an extension of your Post via the Platform. You may request a free Pack or paid Pack extension. Where you request a paid Pack extension the extension is subject to the relevant fees.
  • For Posts paid for in a Pack, you will be obliged to pay the full fee for your Post, even if you request the withdrawal of your Post at any time (whether before or after it appears on the Platform).
  • Paid Packs have certain features described on the Platform. Whilst Posts from paid Packs receive greater exposure on the Platform than free Posts, we provide no guarantee and make no representation that a paid Post will result in an increase in the number of Customers contacting you in relation to your services.

At the end of the display period for the relevant Post, we will send you an email asking you if you want to extend the display of the Post. If you do not purchase an extension, your Post will be removed from the Platform.

 

Limited Payment Collection Agent

  • Each Service Provider appoints us as the Service Provider’s limited payment collection agent solely for the purpose of accepting the Task Fee from the Customer.
  • Service Providers agree that payment of Task Fee by a Customer to us (as the Services Provider’s limited payment collection agent) is to be considered the same as payment made directly by the Customer to the Service Provider and the Service Provider will provide the purchased services to the Customer as agreed, as if the Service Provider had received payment directly from the Customer.
  • Each Service Provider agrees that we may refund Customers in accordance with these Terms. Each Service Provider agrees that our obligation to pay the Service Provider is subject to and conditional upon successful receipt of the relevant payments from Customers.
  • We guarantee payment to Service Providers only for such amounts that we have successfully received from Customers in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Service Provider, we assume no liability for acts or omissions of the Service Provider.

In the event that we do not remit the Task Fee as set out in the Fees and Payment clause above, Service Providers will only have recourse against us and not the Customer directly.

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):

  • 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;
  • using our Platform to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Platform;
  • 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;
  • 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;
  • as a Service Provider, offering any services that you do not intend to honour or cannot provide;
  • as a Customer, making any offers to Service Providers that you do not intend to offer or for services that may breach these Terms including under this Prohibited Conduct clause;
  • using our Platform to send unsolicited email messages; or
  • 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.

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):

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • 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 Posts (which may have photographs uploaded) 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.

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:

  • 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
  • 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 Posts.

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

  • 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).
  • Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 
  • The goods and services provided by a Service Provider might also confer you certain Statutory Rights.

 

Warranties, disclaimers and indemnity

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

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • access will be uninterrupted, error-free and free from viruses;
  • our Platform will be secure;
  • services will be requested by Customers or that Customers will find desirable services and Service Providers;
  • the services provided by the Service Provider are of a particular standard of workmanship or meet the Post 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:

  • 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
  • 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.

  • 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. event or circumstance beyond our reasonable control;
  2. acts or omissions of you or your personnel;
  3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
  4. use of the Platform and/or Content;
  5. interaction you have with other users whether in person or online;
  6. any injury or loss to any person;
  7. Content which is incorrect, incomplete or out-of-date; or
  8. breach of these Terms or any law.
  • 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.

 

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. 

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

Refund and Cancellation Policy

  • Any cancellation, exchange or refund of services provided by a Service Provider is a matter between the Service Provider and the Customer, subject to clause (b) and (c). The terms and conditions agreed to between the Service Provider and the Customer should be set out clearly in the Post in respect of the products or services or as agreed separately between the Service Provider and the Customer.
  • Within 48 hours of the Customer accepting a Post or of the Service Provider accepting an Offer, the Customer or Service Provider may request to cancel the Task by clicking ‘Cancel now’ (or similar) and the other Party may accept or decline a request to cancel the Task. If the Parties agree to cancel the task, we will cancel the Task on the Platform, notify the Parties and release the Task Fees to the Customer.
  • Any time after 48 hours of the Customer accepting a Post or of the Service Provider accepting an Offer, if:
  1. a Customer and Service Provider mutually agree to cancel a Task and notify us via the Platform or by sending us an email; or
  2. following reasonable attempts by a Customer to contact a Service Provider for the Service Provider to fulfil the Task, the Task is cancelled,

and

  1. we are satisfied that the Task Fee should be returned to the Customer,

we will return the Task Fee to the Customer, unless otherwise agreed to.

Termination

  • You may delete your Account and terminate these Terms at any time via your Account Settings on our Platform. If you delete your Account as a Service Provider, any Posts will be automatically deleted. No refunds will be made upon deletion of your Account.
  • 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 Posts or services provided 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. No refunds will be made upon suspension or deletion of your Account under this clause.
  • If we suspend or terminate your Account or terminate these Terms and unless otherwise agreed to, in the case of a Customer breach we will release Task Fees to the Service Provider (even if the Task is not a Completed Task), and in the case of a Service Provider breach we will refund the Customer (even if the Task was partially commenced).

Disputes

We encourage Service Providers and Customers to attempt to resolve disputes (including claims for refunds) with other users directly. Although we are under no obligation to do so, we may assist to resolve a dispute. You agree that if you request our assistance, you will provide us with any information requested by us within 24 hours of a Completed Task. We will investigate the dispute and in our sole discretion determine whether all or part of the Task Fee should be returned to the Customer or paid to the Service Provider.

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.

Collection Notice

  • 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 enquiriesand for other purposes set out in our Privacy Policy.
  • 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 processorsand 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.
  • 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. 
  • By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected. 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of 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 New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Technology Domain Pty Ltd, ACN 627 996 098

Email: mates@skillpost.com.au

Last update: 17 April 2019

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