Version 11/02/2008
Terms and Conditions of Use of the Service Spot website – User Agreement
Between: Service Spot Pty Ltd ACN 121 213 009 (“Service Spot”) and the individual or party that uses the System and/or the Website (You).
1. Acceptance and Changes to Terms of Use
1.1 You acknowledge and accept that your use of the website www.servicespot.com.au (the “Website”) indicates your acceptance of these terms and conditions of use (the “Terms”) and the Privacy Policy.
1.2 These Terms replace any other terms of use for the Website published on the Website to date. Service Spot may at any time vary these Terms by publishing variations on the Website. You accept that by doing this, Service Spot has provided you with sufficient notice of the variation.
2. Eligibility
2.1 The System is available to all Australian residents aged 18 years and older. You warrant that you are over 18 years of age. If you are not over 18 years of age and require use of the System, you warrant that a nominated parent or guardian is using the System or Website on your behalf.
3. What does Service Spot do?
3.1 Service Spot is an exciting new phone and web based company which assists You in finding trades and service professionals (the “Service Provider”). Service Spot is not directly involved in the actual transaction between You and the Service Provider. Service Spot provides You with a free referral service to connect You to the Service Provider. You are directly responsible for paying the Service Provider for the provision of any Service.
4. Interpretation
4.1 In these Terms, unless the contrary intention appears:
a) any gender includes the others;
b) the singular includes the plural and the plural includes the singular;
c) a person includes a body corporate;
d) a party includes the party's executors, administrators, successors and permitted assigns;
e) a statute or regulation includes a reference to an amendment, replacement or re-enactment of that statute or regulation;
f) a reference to dollars is to Australian dollars, unless otherwise stated;
g) "including" and similar expressions are not words of limitation;
h) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
i) these Terms include any annexure, exhibit or schedule to these Terms;
j) no provision of these Terms will be construed adversely to a party solely on the ground that the party was responsible for the preparation of these Terms or that provision;
k) headings are for convenience only and do not form part of these Terms or affect its interpretation; and
l) if an act must be done on a specified day which is not a Business Day, the act must be done instead on the next Business Day.
5. Definitions
5.1 In these Terms the following words have the following meanings:
"Service" means the provision of goods and/or services by a Service Provider to You as a result of your submitting a Service Query.
"Service Provider" means the trades and service professionals registered with the System and/or the Website who provide, or offer to provide, You a Service as a result of your submission of a Service Query via the System.
"Service Query" means a request made by You via the System (whether made by phone, through the Website or by any other means) seeking contact from Service Providers for the provision of goods and/or services required by You.
"System" means the system operated by Service Spot on the Website, or otherwise, as described in these Terms.
"Website" means the website operated by Service Spot at www.servicespot.com.au.
6. Feedback forum and Contact form
6.1 The Website includes a feedback forum and contact form on which You can post your comments in relation to the goods and/or services you have received from a Service Provider.
6.2 You are solely responsible for all written content, comments, opinions, messages, compliments or images (the “Content”) that you post. You agree that You will not purport to be anyone other than You when posting any Content.
6.3 You will post only Content that You believe in good faith to be true, accurate and able to be substantiated. You will not post to the Website any Content that is, or is likely to be, false, inaccurate, misleading or deceptive.
6.4 Service Spot reserves the right to monitor all Content and give the final approval before any Content will be published on the Website. The following is a non-exhaustive list of Content that is illegal and/or prohibited on the Website and which Service Spot will not permit to be published on the Website:
(a) is in breach of these Terms;
(b) is offensive, illegal, threatening, obscene, defamatory or harasses or incites harassment of another including the use of inflammatory comments, generalisations, or unfounded criticism;
(c) infringes, misappropriates or violates the rights of another party including, but not limited to, privacy or intellectual property rights;
(d) links to another business directory, similar website or a website that is in competition with the Website;
(e) misrepresents or falsely states (whether express or implied) that the Content represents, is endorsed or is sponsored (directly or indirectly) by Service Spot.
6.5 You acknowledge and agree that any Content posted is not confidential and that You don’t own any proprietary interest in the Content posted. You authorise Service Spot to use the Content without restriction.
6.6 You agree not to use the Website in any way which is detrimental to the Website, to other users or disrupts the transmission of information (see the section entitled “user Restrictions”).
6.7 Service Spot does not provide any warranty to You that it will respond to questions or comments posted by You to the Website.
7. User Restrictions
7.1 Without limiting any of the provisions in clause 6 above, You agree that You will not:
a) use the Website to send unsolicited emails, or spam, to any other users of the Website; engage in misleading and/or deceptive marketing practices or in any other criminal offence;
b) copy, translate, reproduce, modify, adapt, reverse engineer or deal with in any other way any wording, images, or any portion of the Website without first obtaining Service Spot’s consent, or attempt to interfere with Service Spot’s intellectual property rights in any way;
c) use the Website, or anything on the Website, for any business or commercial purpose (for profit or otherwise) which is in competition with Service Spot (or otherwise);
d) post on the Website any material which contains viruses, Trojan horses, worms or any other type of harmful program or interfere with, or compromise, the security on the Website including, but not limited to, damaging, disrupting or destroying files, data and passwords that belong to Service Spot;
e) engage in any conduct that imposes a large or unreasonable burden on the Website’s infrastructure;
f) create fraudulent user details including providing contact or personal information about another individual without their prior written consent;
g) attempt to compromise the security of the Website including, but not limited to, through any of the following means:
i) access any data from the Website which is not intended for you including collecting any information about other users of the System and/or Website;
ii) attempt to log in to, probe, scan or test the vulnerability of the System or Website, breach security or authentication measures or use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
iii) create fraudulent user details including providing contact or personal information about another individual without their prior written consent;
7.2 You agree that You will provide Service Spot with correct and complete contact details when registering as a user, and in using the Website at any other time.
8. Service Spots’ Rights
8.1 Service Spot may withdraw completely, or suspend for a period of time, the System or the Website, or access to it for any reason including without limitation:
a) if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
b) if You breach any part of these Terms of Use;
c) if You use the Website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.
9. Intellectual Property
9.1 Except for the copyright in these Terms which is owned by Griffith Hack, Service Spot asserts copyright and all other intellectual property rights in the Website, unless otherwise stated. Except where indicated to the contrary all trademarks which appear on this website, are the property of Service Spot or its registered Service Providers, associated businesses or licensors (“Partners”) and are indicated by the appropriate symbol.
9.2 Service Spot also reserves copyright and all other intellectual property rights in all its documents and images appearing on or linked to this web site. Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by this Website in which Service Spot has reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without Service Spot's express permission. The trademarks of Service Spot and its Partners may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Service Spot and its Partners or any of their respective personnel or businesses.
9.3 You will not in any way exploit any intellectual property rights including, but not limited to, using, displaying, reproducing, disseminating, publishing, broadcasting, selling any such content for any purpose other than your own personal use.
10. Use of material on site
10.1 You agree that the Website is only for your personal use. It may not be accessed or used for or by You, directly or indirectly, with respect to any commercial activities except as expressly permitted by Service Spot.
11. Third Party websites
11.1 Although every care is taken to provide links to suitable material from the Website, the nature of the internet prevents Service Spot from guaranteeing the quality, suitability, completeness or accuracy of any of the material that the Website may be linked to. Consequently, Service Spot shall not be liable for the content of that material including any unsuitable or inaccurate material that may be encountered.
11.2 Service Spot shall not be liable for the accuracy or legitimacy of information found elsewhere on the internet and there is no guarantee that any of the sites listed will be available at any particular time. Subject to any terms implied by law and which cannot be excluded, Service Spot shall not be liable for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in the Website.
12. User obligations
12.1 You agree that You will make any relevant inquiries to satisfy yourself as to the suitability of any Service Provider, or of the goods and/or services being supplied, offered by or recommended by a Service Provider.
12.2 If there are any particular, special or unusual circumstances that You require compliance with in the provision of any goods and/or service, You agree to seek professional advice or make relevant inquiries with the Service Provider.
12.3 You are responsible for all transactions entered into with any Service Provider or with the System and/or Website, including but not limited to, payment for any Service and compliance with all legal obligations.
12.4 Service Spot does not endorse any posting, review or comment made by You or any other user and You agree that Service Spot, its parent company, affiliates, directors, shareholders, employees, officers, agents and Partners have no responsibility over the legality of your actions or the actions of any other user.
13. Disclaimer and Acknowledgements
13.1 Service Spot does not represent or warrant the accuracy or completeness of any information, graphics, text or links on the Website nor that the Website will be continuously available. Service Spot shall not be liable for errors, omissions in, delays or interruptions to or cessation of access to the Website, through negligence or for any other reason whatsoever.
13.2 Service Spot does not guarantee that the Website or third party websites will be free from viruses and shall not be liable in any way for any loss or damage howsoever caused by any virus. Any material, information or content downloaded or obtained from the Website or any other website is done so at your own risk and You agree that under no circumstance will Service Spot be liable for any loss or damage caused as a result of accessing any information, including any damage to your computer or loss of data as a result of accessing any information. References to other sites are provided as an information service only and should not necessarily be construed as an endorsement. Conversely, omissions should not be construed as non-endorsement.
13.3 To the maximum extent permitted by law, Service Spot is not responsible for the conduct, reliability, efficacy or any other characteristic of any Service Provider and You acknowledge, without limiting the foregoing, that Service Spot Does not:
a) check the accuracy or currency of the information that Service Providers provide or make available to Service Spot;
b) endorse, approve, control or warrant to You the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Service Providers) referred to at the Website or who becomes known to You through submitting a Service Query or as a result of using the System or the Website;
c) offer professional advice on the suitability of any goods, services or information supplied by any third parties including Service Providers;
d) endorse or recommend any Service Provider, or their goods or services, including where details of a Service Provider are provided by Service Spot to You or otherwise become known to You through your use of the System or the Website.
14. Limitation of Liability
14.1 You agree that any correspondence, transactions or dealings with any third party (including any Service Provider) found on or through the Website are solely between You and the third party. This includes, but is not limited to, transactions regarding payment and supply of products or services and representations or warranties made by the third party. Service Spot is not responsible or liable for any loss or damage incurred through any correspondence, transactions or dealings (including any of those related to negligence) with any such third party.
14.2 In no event shall Service Spot, its shareholders, officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether based on breach of contract, tort (however arising, including negligence), product liability, or otherwise, arising out of, or in connection with, the use of, or inability to sue Service Spot or inability to access or use the Website even if Service Spot has been advised of the possibility of such loss or damage.
14.3 Notwithstanding anything to the contrary contained above, You specifically agree that Service Spot’s maximum total liability to You for any causes whatsoever, and regardless of the form of action, will at all times be limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
15. Indemnity
15.1 You indemnify and hold Service Spot, its parent company, affiliates, directors, shareholders, employees, officers, agents and Partners from any claim made by any third party for damages including, but not limited to, consequential, direct, incidental or other damages for any breach by You of the Website, any law or the rights of a third party.
16. Breach
16.1 If, in Service Spot’s reasonable opinion:
a) You breach any of these Terms;
b) You provide Service Spot with inaccurate or incomplete information or information that it is unable to verify;
c) your actions may cause damage or affect the legal rights of Service Spot, any Service Provider, any other user or any third party;
Service Spot may suspend, terminate, issue a warning or limit your access to the Website and terminate these Terms effective immediately.
17. Termination
17.1 Service Spot may terminate these Terms at any time without prior notice.
18. Dispute Resolution
18.1 You agree that if you have a complaint or dispute with respect to the goods and/or services provided by any Service Provider, you will follow the procedure outlined in our “Dispute Resolution Policy and Procedure” document.
18.2 With respect to the interpretation of any of these Terms, You agree to follow the procedure set out in this clause to resolve the dispute:
a) upon a dispute arising, a party may give written notice to the other party of the existence of the dispute ("Dispute Notice");
b) the Dispute Notice shall contain all the particulars relevant to the Dispute;
c) the dispute will be resolved according to the following timetable:
i. with 7 working days of receiving the Dispute Notice, the parties shall meet to discuss in good faith the Dispute and attempt to resolve the matter (“the Meeting”);
ii. if the Dispute is not resolved within 21 working days of the Meeting or if the Meeting has not taken place within the 7 day period, the parties to the Dispute shall refer the matter to mediation;
iii. the parties must agree on a mediator. If the parties cannot agree on a mediator, a mediator will be appointed by the President for the time being of the Law Institute of Victoria;
iv. the costs of the mediation will be borne equally by the parties;
v. the mediation is to take place within 28 working days of the mediator being appointed, to the best endeavours of the parties; and
vi. the mediation is to take place in a venue nominated by the mediator in the jurisdiction of Melbourne, Victoria, Australia.
18.3 Except for the purpose of obtaining urgent interlocutory, declaratory or injunctive relief from a court of competent jurisdiction, neither party will commence any proceedings in any court, tribunals or otherwise without first complying with the procedure stated in clause 18.2 above.
19. No Agency
19.1 You agree that no agency, partnership, joint venture or any other relationship is intended to be created nor is it created between Service Spot and You through the use of the System or the Website.
20. Force Majeure
20.1 Service Spot will not be liable for any failure or delay in the performance of its obligations to You if that failure or delay is due to circumstances beyond its reasonable control including, without limitation, infection by computer virus or bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond its control, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest and strikes, or acts of terrorism which might corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website or the System.
21. Governing Law
21.1 These Terms, the System, the Website and the information contained on the Website and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these Terms or the use or access to the System or the Website.
22. Severance
22.1 If any provision or clause of these Terms are deemed to be invalid or unenforceable, that provision will be struck out and the remaining provisions will be enforceable.
23. No Waiver
23.1 If Service Spot does not act in relation to a breach by You of these Terms, this does not waive or prejudice its right to act with respect to subsequent or similar breaches.
24. Entire Agreement
24.1 These Terms set out the entire understanding between the parties and replaces any previous agreements or understanding entered into by the parties.
25. Survival
25.1 The conditions and provisions of these Terms that are intended to have effect after any expiration or termination of these Terms will remain in full force and effect following the expiration or termination of these Terms.
26. Notices
26.1 Service Spot may provide notices to You or any other user by posting the notice on the Website. This is in addition to any other mode of services permitted by law.
27. Variation
27.1 Service Spot may modify these Terms at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Website.
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Terms and Conditions of Use of the Service Spot website – Service Provider Agreement
Between: Service Spot Pty Ltd ACN 121 213 009 (“Service Spot”) and the individual or party that provides goods and/or services as a result of registering with the System and/or the Website (“You”).
1. Interpretation
1.1 In these Terms, unless the contrary intention appears:
(a) any gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party's executors, administrators, successors and permitted assigns;
(e) a statute or regulation includes a reference to an amendment, replacement or re-enactment of that statute or regulation;
(f) a reference to dollars is to Australian dollars, unless otherwise stated;
(g) "including" and similar expressions are not words of limitation;
(h) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
(i) these Terms include any annexure, exhibit or schedule to these Terms;
(j) no provision of these Terms will be construed adversely to a party solely on the ground that the party was responsible for the preparation of these Terms or that provision;
(k) headings are for convenience only and do not form part of these Terms or affect their interpretation; and
(l) if an act must be done on a specified day which is not a Business Day, the act must be done instead on the next Business Day.
2. Definitions
In these Terms the following words have the following meanings:
"Accepted Job Opportunity" means that a Service Provider has agreed to contact the User in relation to a Job Opportunity to provide a quote, estimate or to provide the Job.
"Job" means the provision of goods and/or services by a Provider to a User as a result of the User submitting a Job Query.
"Job Opportunity" means the provision of details of a Job Query to a Service Provider by Service Spot.
"Job Opportunity Credit" means an amount paid by a Service Provider to Service Spot to cover any Job Opportunity Fees that become payable to Service Spot.
"Job Opportunity Credit Notification" means the notification that Service Spot gives to the Service Provider when its Job Opportunity Credit is reaching a nil balance.
"Job Opportunity Fee" means the non-refundable fee payable for each Accepted Job Opportunity.
"Job Opportunity Notification" means an SMS or any other message provided by any other means of communication given to the Service Provider containing details of a Job Opportunity.
"Service Provider" means the trades and service professionals registered with the System and/or the Website.
"Job Query" means a query made by a User (whether made by phone, through the Website or otherwise) seeking information from Service Providers in relation to a Job that is required by the User.
"Privacy Policy" means the privacy policy published on the Website, which is updated from time to time.
"Registration Fee" means the fee payable by the Service Provider for the Registration Period.
"Registration Period" means the duration that the Service Provider has elected to register with the System and/or the Website as a Service Provider to Users of the System and/or the Website.
"System" means the system operated by Service Spot on the Website, or otherwise, as described in these Terms.
"User" means a person using the System for the purpose of making Job Queries.
"Website" means the website operated by Service Spot at www.servicespot.com.au.
3. Service Spot's Role
3.1 Service Spot is an exciting new phone and web based company which assists Users to find trades and service professionals. Service Spot acts as an intermediary in putting You and the User in touch, it is not directly involved in the actual transaction between You and the User and it is the User’s responsibility to pay You directly.
4. The System
4.1 When Service Spot receives a Job Query from a User, it will notify Service Providers that may be suitable to provide the Job by issuing a Job Opportunity Notice.
4.2 If You receive a Job Opportunity Notice and are interested in providing the Job, a quote or an estimate You contact Service Spot for further details.
4.3 It is in your interests to advise Service Spot as soon as possible if You are interested in providing the Job as Service Spot will only give out the details to a certain quota of Service Providers. This number is not fixed and is determined at the discretion of Service Spot depending on the User’s requirements and specifications at the time of submitting the Job Query.
4.4 If the quota has been fulfilled, Service Spot will endeavour to advise You when You contact them in relation to the Job Opportunity.
4.5 Upon advising Service Spot of your interest in providing the Job, and being notified of your acceptance into the quota, You will become liable to pay Service Spot the Job Opportunity Fee. Service Spot will then provide You with the further details of the Job Query (including contact details of the User). If any contact details are incomplete or inaccurate and You are not able to make contact with the User, You must notify Service Spot within 24 hours of first attempting contact with the User. In this situation, Service Spot will endeavour to confirm the accuracy of the details and provide You with any revised details or further information.
4.6 If You accept a Job Opportunity, You must contact the User within 24 hours of receiving the User's contact details, in order to provide a quote, or arrange a time to provide the Job.
4.7 If You choose not to accept a Job Opportunity after receiving the User’s contact details, You must notify Service Spot as soon as possible so that it can refer the Job Query to other Service Providers. Any Job Opportunity Fee paid, or payable, will not be refunded.
4.8 Service Spot will post on the Website details of any unfulfilled Job Queries. Any Service Provider that is interested in providing any unfulfilled Job Query can contact Service Spot for the User’s contact details. The Job Opportunity Fee will become payable upon Service Spot providing the User’s contact details to the Service Provider.
4.9 Service Spot's records (including records of SMS messages sent by or on its behalf) will serve as non-disputable proof of its transmission, and your receipt, of notifications of Job Opportunities, Accepted Job Opportunities and Job Opportunity Credit Notifications.
5. Applications for registration
5.1 You acknowledge and accept that Service Spot reserves the right, in its sole discretion, to accept or refuse your application for registration. You must supply any information, materials or documentation required by Service Spot to verify your qualifications, accreditations and ability to perform any Job which you represent you are able to perform. If your application is refused, Service Spot will return any money paid by you as soon as possible. Service Spot’s decision is final and no correspondence will be entered into.
6. Registration
6.1 Service Spot offers three types of registration, 12 months, 24 months and a 3 year platinum registration. Your registration is only current if your Registration Fee is fully paid up for the Registration Period. The Registration Fee is payable in full 7 days before the commencement of the Registration Period. If You do not pay your Registration Fee in full before this time, your registration may be suspended or cancelled.
6.2 Unless You request cancellation of your registration, Service Spot will automatically renew your registration for the same duration as the previous Registration Period. Renewal of your registration is dependent upon your satisfactory performance, in Service Spot’s opinion, during the previous Registration Period.
6.3 You must notify Service Spot in writing of the cancellation of your registration 14 days prior to the commencement of the next Registration Period. If you notify Service Spot of your cancellation after the 14 days preceding the next Registration Period, the Registration Fee applicable for that Registration Period will be fully due and payable.
6.4 Your registration is non-transferable or assignable and may not be sold to any other individual or entity. If You are a company, any change in your effective control shall be considered an assignment. Effective control means a change in shareholding where more than 50% of the issued shares change hands.
6.5 You may not assign any of your rights or obligations under these Terms to any other individual or entity without first obtaining Service Spot’s written consent. This clause does not in any way limit Service Spot’s ability to assign its rights or obligations under these Terms which it may do at any time without notice.
7. Login
7.1 You will be required to set up a username and password to use and access the Website. You should keep your username and password confidential to prevent anyone from accessing your account or from accessing the Website purporting to be You. Service Spot reserves its rights to assume that anyone logging in, or accessing the Website or System, with your username and password is You or your authorised representative. If You believe that your username and password have been compromised You should notify us immediately.
8. Fees, charges and payment
8.1 By registering with Service Spot and using the System or Website, You agree that you are liable to pay in advance:
a) the Registration Fee;
b) all Job Opportunity Fees; and
c) any other fees applicable to any new job, service or feature that Service Spot offers, or may offer in the future, of which you have been notified and that You accept during the Registration Period.
8.2 The Job Opportunity Credit must be paid upfront to Service Spot to cover your Job Opportunity Fees. Any Job Opportunity Fees that become payable will be deducted from your Job Opportunity Credit.
8.3 If your Job Opportunity Credit is deducted to below the Job Opportunity Credit Notification level, Service Spot will notify You.
8.4 If You do not have sufficient funds to pay for a Job Opportunity Credit, or any other fees that are due and payable, Service Spot may, at its discretion, suspend your registration without notice.
8.5 Payments to Service Spot may be made by any of the following methods: credit card, cash, cheque, or EFTPOS. Any credit card payments will incur a surcharge of 2%.
8.6 Payments will not be deemed to have been received by Service Spot until they have cleared in Service Spot’s bank account.
8.7 You authorise Service Spot to deduct any amount owed to it from your Job Opportunity Credit.
8.8 Service Spot may increase its fees from time to time, or implement new fees for new jobs, services or features that it offers. Notification of any new or increased fees will be published on the Website in the document entitled “Fees as at [date]” and take effect from the date stipulated in the document.
8.9 Details of all fees are contained within the document entitled “Fees as at [date]” published on the Website and updated from time to time.
8.10 All pricing is in Australian Dollars (AUD).
9. Warranties
9.1 You warrant to, and agree with, Service Spot that:
a) any information or material You provide to Service Spot, including but not limited to the information required in the registration form, relating to your qualifications, accreditations and any other information is true and correct and not false, inaccurate, misleading or contrary to any law or regulation;
b) You will update any outdated information or material provided to Service Spot as soon as is practicable;
c) You acknowledge that any information or material You provide to Service Spot will be treated as non-confidential and non-proprietary and you authorise Service Spot to use it on its Website as it deems fit;
d) You will not purport to be, or impersonate, any other person in publishing material or information on the Website or the System;
e) You will not publish or transmit on the Website, System or to any User any unsolicited advertising, promotional material or spam.
9.2 You will not provide any information or material to Service Spot, or the User, which is
a) is in breach of these Terms;
b) is offensive, illegal, threatening, obscene, defamatory or harasses or incites harassment of another including the use of inflammatory comments, generalisations, or unfounded criticism;
c) infringes, misappropriates or violates the rights of another party including, but not limited to, privacy or intellectual property rights;
d) misrepresents or falsely states (whether express or implied) that the information or material represents, is endorsed or is sponsored (directly or indirectly) by Service Spot.
9.3 You, and any of your authorised representatives, personnel, agents, subcontractors or employees:
a) are able to perform your obligations under these Terms and are not affected by any condition, legal or otherwise, that would prevent compliance with this obligation;
b) will provide and complete all Jobs using an exemplary standard of skill, care and professionalism and in compliance with all laws and regulations and any of Service Spot’s policies, including its Privacy Policy;
c) are and will be at all times, qualified to provide any represented Jobs;
d) have current insurance and any relevant industry licenses required to provide any represented Jobs;
e) are willing to provide and complete all Jobs to the User within a commercially reasonable period and at a commercially reasonable price;
f) will not cancel or reschedule any appointment made with the User without first notifying the User;
g) will not pass on, or charge, the Job Opportunity Fee to the User;
h) will not engage in misleading or deceptive conduct including, but not limited to, market practices nor will You release any promotional, marketing or advertising material relating to Service Spot, the System and/or the Website without first obtaining Service Spot’s written consent.
9.4 It is your responsibility to complete all transactions that you enter into with any User, including monitoring the status and resolution of any disputes and complying with any legal requirements or obligations.
10. User Feedback Forum and Feedback System
10.1 Service Spot provides a feedback forum and contact form to Users on which they can post their comments in relation to the Jobs they have received from a Service Provider.
10.2 Service Spot compiles all the information in the feedback forum and contact form to determine a rating for each Service Provider. You acknowledge that You may be rated by Users according to pre-determined criteria selected by Service Spot.
10.3 Service Spot does not verify or investigate or query any comments made by any User. Service Spot does not accept any liability for the accuracy or content of any material posted by Users or third parties on the Website.
11 Service Spot's Rights
11.1 Service Spot reserves the right to:
a) release any material or information about anyone (including any Service Provider) in order to comply with any legal obligations;
b) refuse to release any material or information, in whole or in part, that in its sole discretion, it considers would be objectionable or in breach of any law, regulation or rights of any third parties;
c) remove any information or material from the Website at any time without notice.
12. Intellectual Property
12.1 Except for the copyright in these Terms, which is owned by Griffith Hack, Service Spot asserts copyright and all other intellectual property rights in the Website, unless otherwise stated. Service Spot also reserves copyright and all other intellectual property rights in all its documents and images (except for trademarks belonging to a third party, including You) appearing on or linked to this Website. Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by this Website in which Service Spot has reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without Service Spot's express permission.
12.2 You acknowledge and agree that You shall not acquire any rights, title or interest in or to any of Service Spot's intellectual property rights. Service Spot’s intellectual property rights include, but are not limited to, rights existing in any information, trade marks, logos, business processes, data and materials including without limitation all software, know-how, equipment or processes, used in relation to the System and/or the Website.
12.3 With respect to your intellectual property, information and materials provided to Service Spot for use on the Website and the System, You grant Service Spot a free, irrevocable, perpetual licence to reproduce, modify, alter, edit, distribute and publish any content, whether in whole or in part, on the Website at its sole discretion.
13. Disclaimer
13.1 Service Spot does not represent or warrant the accuracy or completeness of any information, graphics, text or links on the Website nor that the Website will be continuously available. Service Spot shall not be liable for errors, omissions in, delays or interruptions to or cessation of access to the Website, through negligence or for any other reason whatsoever.
13.2 Service Spot does not guarantee that the Website or third party websites will be free from viruses and shall not be liable in any way for any loss or damage howsoever caused by any virus. Any material, information or content downloaded or obtained from the Website or any other website is done so at your own risk and You agree that under no circumstance will Service Spot be liable for any loss or damage caused as a result of accessing any information, including any damage to your computer or loss of data as a result of accessing any information. References to other sites are provided as an information service only and should not necessarily be construed as an endorsement. Conversely, omissions should not be construed as non-endorsement.
13.3 Service Spot does not:
a) offer professional advice to Users or other persons relating to the fitness of any goods or services for any purpose;
b) verify or confirm the identity or details of Users, their qualifications, backgrounds or abilities;
c) verify, confirm or warrant the User’s ability to pay You in respect of the goods and/or services provided by You to the User;
d) provide accounting, debt recovery or billing software or services.
14. Limitation of Liability
14.1 Service Spot provides Job Opportunities and User contact details to You in the absence of any warranties of any kind (whether express, implied or statutory) as to their accuracy or otherwise. Any term of any arrangement between You and the User including, but not limited to, warranties, indemnities and guarantees are as agreed between You and the User. You agree that You will make any relevant inquiries to satisfy yourself as to the suitability of any User with respect to their ability to make payment for the completion of the Job to be provided by You. Service Spot is not a party to any arrangement and accepts no liability in this regard.
14.2 You agree that any correspondence, transactions or dealings with any third party (including any User) found on or through the Website are solely between You and the third party. This includes, but is not limited to, transactions regarding payment, supply and completion of Jobs. Service Spot is not responsible or liable for any loss or damage incurred through any correspondence, transactions or dealings (including any of those related to negligence) with any such third party.
14.3 In no event shall Service Spot, its shareholders, officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether based on breach of contract, tort (however arising, including negligence), product liability, or otherwise, arising out of, or in connection with, the use of, or inability to sue Service Spot or inability to access or use the Website (including but not limited to cancellation or suspension of your Registration) even if Service Spot has been advised of the possibility of such loss or damage.
14.4 Notwithstanding anything to the contrary contained above, You specifically agree that Service Spot’s maximum total liability to You for any causes whatsoever, and regardless of the form of action, will at all times be limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
15. Indemnity and Release
15.1 You indemnify and hold Service Spot, its parent company, affiliates, directors, shareholders, employees, officers, agents and Partners from any claim made by any third party (including but not limited to any User) for damages including, but not limited to, consequential, direct, incidental or other damages for any breach by You of the System or Website, any law or any dealings with the rights of a third party.
15.2 You hereby release Service Spot from any claim, demands, proceedings, losses and damages (including, but not limited to, consequential, direct, incidental or other damages including all legal fees) that may arise as a result of any use of the feedback forum, contact forms or the feedback system on the Website for any legal claim, including but not limited to defamation arising out of the comments, opinions, material or information published on the Website.
16. Cancellation
16.1 You may cancel your registration upon giving written notice to Service Spot. The cancellation will be effected within 5 working days of being given written notice.
16.2 You will not be liable to pay any further Registration Fees once cancellation is effected. You will not be entitled to a refund of any Registration Fees already paid.
16.3 Once your registration has been cancelled, Service Spot will remove your details from the System.
17. Breach
17.1 If, in Service Spot’s reasonable opinion:
a) You breach any of these Terms or any of its policies;
b) You provide Service Spot with inaccurate, misleading, false or incomplete information;
c) it believes that your goods and/or services are not of the standard or quality it requires;
d) your actions or omissions may cause damage or affect the legal rights of Service Spot, any other Service Provider, any User or any third party.
Service Spot may suspend, terminate, issue a warning or limit your access to the Website and terminate these Terms effective immediately.
18. Termination
18.1 Service Spot may terminate these Terms at any time without prior notice.
18.2 If these Terms are terminated and/or your registration is cancelled, suspended or lapses for non-payment, You acknowledge and agree that You must immediately cease and refrain from representing yourself as associated or affiliated with Service Spot in any way and must immediately cease using Service Spots’ trademarks, material or information, including marketing, advertising and promotional material.
19. Dispute Resolution
19.1 You agree that if a User has a complaint or dispute with respect to the Jobs provided by You, You will follow the procedure outlined in our “Dispute Resolution Policy and Procedure” document to resolve the dispute.
19.2 With respect to the interpretation of any of these Terms, You agree to follow the procedure set out in this clause to resolve the dispute:
a) upon a dispute arising, a party may give written notice to the other party of the existence of the dispute ("Dispute Notice");
b) the Dispute Notice shall contain all the particulars relevant to the dispute;
c) the dispute will be resolved according to the following timetable:
i. within 7 working days of receiving the Dispute Notice, the parties shall meet to discuss in good faith the dispute and attempt to resolve the matter (“the Meeting”);
ii. if the dispute is not resolved within 21 working days of the Meeting or if the Meeting has not taken place within the 7 day period, the parties to the dispute shall refer the matter to mediation;
iii. the parties must agree on a mediator. If the parties cannot agree on a mediator, a mediator will be appointed by the President for the time being of the Law Institute of Victoria.
iv. the costs of the mediation will be borne equally by the parties;
v. the mediation is to take place within 28 working days of the mediator being appointed, to the best endeavours of the parties; and
vi. the mediation is to take place in a venue nominated by the mediator in the jurisdiction of Melbourne, Victoria, Australia.
19.3 Except for the purpose of obtaining urgent interlocutory, declaratory or injunctive relief from a court of competent jurisdiction, neither party will commence any proceedings in any court, tribunals or otherwise without first complying with the procedure stated in clause 19.2 above.
20. No Agency
20.1 You agree that no agency, partnership, joint venture or any other relationship is intended to be created nor is it created between Service Spot and You through the use of the System and/or the Website. The relationship between Service Spot and You is that of an independent contractor.
21. Force Majeure
21.1 Service Spot will not be liable for any failure or delay in the performance of its obligations to You if that failure or delay is due to circumstances beyond its reasonable control including, without limitation, infection by computer virus or bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond its control, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest and strikes, or acts of terrorism which might corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website or the System.
22. Governing Law
22.1 These Terms, the System, the Website and the information contained on the Website and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these Terms or the use or access to the System and/or the Website.
23. Severance
23.1 If any provision or clause of these Terms are deemed to be invalid or unenforceable, that provision will be struck out and the remaining provisions will be enforceable.
24. No Waiver
24.1 If Service Spot does not act in relation to a breach by You of these Terms, this does not waive or prejudice its right to act with respect to subsequent or similar breaches.
25. Entire Agreement
25.1 These Terms set out the entire understanding between the parties and replaces any previous agreements or understanding entered into by the parties.
26. Survival
26.1 The conditions and provisions of these Terms that are intended to have effect after any expiration or termination of these Terms will remain in full force and effect following the expiration or termination of these Terms.
27. Notices
27.1 Service Spot may provide notices to You by publishing the notice on the Website. This is in addition to any other mode of service permitted by law.
28. Variation
28.1 Service Spot may modify these Terms at any time and such modifications by providing You with written notice, any modifications shall be effective from the date of service of the written notice.
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Dispute Resolution Policy and Procedure
Introduction
Service Spot Pty Ltd (“Service Spot”) acts as an intermediary in putting customers of the Service Spot website, www.servicespot.com.au (“the Website”) in touch with our registered service providers.
In order to provide users of the Website (“User”) with the best possible service, Service Spot retains the absolute right and discretion, without dispute, to determine which service provider (“Service Provider”) will be registered with us. Should a dispute arise between the User and the Service Provider, Service Spot will attempt to facilitate a resolution of the dispute according to this policy. Users and Service Providers should note that Service Spot can only encourage the parties to resolve the dispute, and cannot force either party to accept or adopt a position.
Dispute determination
Upon being notified of a complaint or dispute, Service Spot will assess the severity of the dispute and classify it as either a “suspense” or “non-suspense” dispute.
Some guidelines in determining the type of dispute are as follows (this list is not exhaustive):
Non suspense disputes
Includes, but is not limited to issues such as:
- punctuality, timekeeping and reliability;
- minor damage to user’s property;
- variations in costs estimation of less than 10%;
- user satisfaction with quality of work and workmanship;
- cleanliness and profane language;
- other housekeeping matters.
Suspense disputes
Includes, but is not limited to, issues such as:
- failure to carry out or complete work;
- significant or major damage to user’s property;
- variations in costs estimation of more than 10%;
- Service Provider’s non-compliance with industry, or accreditation, standards;
- allegations of gross misconduct (for example - theft, misappropriation).
Procedure – Non-Suspense Disputes
Where the dispute is classified as a “non-suspense dispute” Service Spot will:
1. contact the User to obtain further details about the incident;
2. notify the Service Provider of the dispute, discuss the details of the incident and discuss options to resolve the dispute;
3. record a “Notice of Dispute” notification on the Service Provider’s file;
4. contact the User within 72 hours of being notified of the dispute, to assess the situation and current status of the dispute.
5. take the following action depending on the status of the dispute:
a. dispute has been resolved – no further action
b. dispute still to be resolved – monitor situation and maintain contact with User
c. dispute escalated – engage “suspense dispute” procedure if appropriate.
The Service Provider’s registration will not be suspended whilst the dispute is pending resolution.
Procedure – Suspense Disputes
Where the dispute is classified as a “suspense dispute” Service Spot will:
1. contact the User to obtain further details about the incident;
2. immediately suspend the Service Provider’s registration pending resolution of the dispute;
3. notify the Service Provider of the dispute and of their suspension, discuss the details of the incident and discuss informal options to resolve the dispute;
4. offer to facilitate and assist informal dispute resolution;
5. if no satisfactory outcome to (4), refer parties to other formal options (i.e. small claims court, relevant tribunal, police, relevant industry ombudsman);
6. notify the Service Provider that their registration will remain suspended until an outcome to the dispute is reached.
Service Providers should note that if the dispute:
- alleges criminal activity, their registration with Service Spot will be terminated and they will not be eligible for re-registration;
- concerns financial recompense, the Service Provider will be eligible for re-registration upon demonstrating to the director(s) of Service Spot that the dispute has been satisfactorily resolved.
During the period of suspension, any monies owing to the Service Provider by Service Spot will be returned upon request. Service Spot are entitled to withhold an amount to cover its reasonable costs incurred in facilitating the resolution of the dispute including, but not limited to, any administrative expenses or other costs incurred in providing its assistance.
Notice of Dispute
When a dispute is notified against a Service Provider, Service Spot will record a notice of dispute on the Service Provider’s file.
If a Service Provider has more than three disputes out of twelve accepted jobs, Service Spot will issue a warning notice. If the Service Provider receives two or more warning notices in a twelve month period, Service Spot will suspend the Service Provider’s registration. The Service Provider’s registration will not be eligible for re-activation until the Service Provider has demonstrated to the director(s) of Service Spot that all the disputes have been resolved. If the Service Provider’s registration is re-activated, any further warning notices issued to them in the six months after the date of re-activation will result in their registration being terminated and not eligible for re-registration.
Regardless of the nature or classification of the dispute, Service Spot will not make a determination as to the notice of dispute to be recorded on the Service Provider’s file and the Service Provider’s registration status until resolution of the dispute has been attempted.
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Privacy Policy
Service Spot Pty Ltd (“Service Spot”) respects the privacy of its clients and is committed to ensuring that your privacy is protected. Service Spot complies with the National Privacy Principals (NPPs) as implemented under the Privacy Amendment (Private Sector) Act 2000 (“Privacy Act”), which came into effect on 21 December 2001. The Privacy Act established a national scheme for the handling of personal information by private sector organisations. The NPPs are the minimum privacy standards. This privacy policy explains when and how Service Spot collects, uses, discloses and protects your personal information you give to it in person, through the telephone, via its website at www.servicespot.com.au (“the Website”) or pursuant to any other arrangement.
By using the Website, you agree to the privacy practices as described in this Privacy Policy (“Policy”). Service Spot may change this Policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Service Spot will not make any changes that have retroactive effect unless Service Spot is legally required to do so.
Collection of your Personal Information
Service Spot only collects personal information from you that is necessary for conducting its business, providing its services to you and meeting its legal obligations. Service Spot collects personal information about you when you submit it through the Website, via telephone, facsimile, e-mail or mail such as your name, contact details and information about the service you require. Service Spot takes reasonable steps to ensure that you know why it is collecting your personal information, what it will be used for, to whom it is disclosed and how you can access it to ensure its accuracy.
Occasionally, while acting on your behalf, Service Spot may collect personal information about you from a third party such as organisations with whom you may have dealings, an information service provider or from a publicly maintained record.
Use and Disclosure of your Personal Information
Service Spot endeavours to use and disclose personal information about you only to its business partners and contracted service providers. Service Spot does not disclose or sell personal information to third parties in order to allow them to directly market their products and services to you.
Personal information is used solely by Service Spot, its affiliates, business partners and contracted service providers to make the Website, its content and the services at the Website, available to you in order to respond to your requests or to assist us in performing functions necessary to operate its business, and to better serve you, consistent with this Policy. Service Spot may also use your information to inform you about new products, relevant offers, discounts, promotions, competitions, invitations to events and updates to the Website. If you do not wish to receive this information, you can opt out by following the directions in this Policy (see section entitled: “Amendment of Personal Information”).
In addition, Service Spot may disclose personal information when it believes that it is lawfully authorised to do so, or that doing so is reasonably necessary to comply with legal processes or authorities, respond to any claims, or to protect the rights, property or personal safety of Service Spot, its members, employees or the public. Under these circumstances, Service Spot may disclose your personal information without notifying you beforehand or obtaining your prior consent.
Service Spot provides on-line feedback forum and a contact form on which you can provide customer feedback and comments. In submitting any personal information or details on the Website or on any other website, you should be aware that information published on the internet is available to other users of the internet.
Collection and Disclosure of Non-personal Information
Service Spot collects aggregated, non-personal information from the Website including demographic information of its users (e.g. postcodes, age groups), which sections of the site are most frequently visited, how often and for how long. This type of information helps Service Spot to understand trends and may be shared with partners or third parties to enable Service Spot to further improve the Website.
Service Spot uses technology, such as cookies, and IP address information to obtain this non-personal information. “Cookies” are small text files that many websites place on your hard drive when you visit these sites. It identifies your computer, records your preferences and other information about your visit to the website. Service Spot uses cookies to distinguish you from other users, and enables it to provide you with a more personalised on-line experience of the Website. You may choose to disable cookies from your browser, however if you do so Service Spot may not be able to complete some of your requests or provide you with the appropriate level of service.
The Website server may automatically recognise your user domain, IP address, email address and clickstream information. Service Spot may implement a login service, available to all its users, to facilitate your use of the Website. To use this service, once it is created, you will be required to create a username and password, submit a valid email address and provide your personal information.
Third party information and links
There are some sections of the Website that are operated by Service Spot’s business partners and service providers, to bring you the most relevant and up-to-date information. Service Spot may also use agencies to place advertising on the Website. Consequently, these companies may have access to information such as your domain, IP address and clickstream information. Service Spot will take reasonable steps to protect the privacy of any personally identifying information that these companies have access to through this information.
Service Spot may provide you with links to other websites or resources that you have indicated you want to receive. Service Spot has no control over the content, privacy policies or security measures of these websites. Any treatment of your personal information will be subject to that websites own terms and conditions and privacy policy. You should not assume that their terms or conditions are the same as those of Service Spot. Service Spot will not be held responsible or liable for the privacy policies, security measures or contents of these websites.
If you order catalogues from Service Spot’s third party advertisers or partners, any such order will indicate your consent to receive from them other marketing material. If you wish to opt out of receiving this material, you will need to contact them directly.
Securing your Personal Information
Service Spot will take reasonable steps to protect the personal information which it holds from misuse and loss and unauthorised access, modification or disclosure. To protect your personal information, Service Spot has implemented physical, computer and network, communications and personnel security measures. Only authorised users who have been issued passwords and specific user identifiers can gain access to its computer system.
Service Spot takes reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed. Service Spot has in place systems for destroying or de-identifying personal information that is no longer required, such as shredding of paper documents that contain such information.
To protect the integrity of your personal information, Service Spot requests that you keep your personal information confidential (including any username and password that you may create). If you believe that your personal information has been misused, please inform Service Spot immediately.
Accessing your Personal Information
Subject to the exceptions outlined in the Privacy Act, you may gain access to the personal information that Service Spot holds about you by contacting its Privacy Officer. The privacy officer can be contacted at info@servicespot.com.au.
Service Spot will deal with your request within a reasonable time. Service Spot may charge you a reasonable fee for retrieving the personal information that it holds about you and providing you with a copy of it. If Service Spot denies you access to your personal information, it will provide you with its reasons for doing so
Amendment of Personal Information
You can update or correct your contact information or change your preferences about receiving material and information from Service Spot at any time. You also have the opportunity to opt out of receiving communications from Service Spot.
If you need to contact Service Spot, its contact details are:
Email: info@servicespot.com.au
Phone: 1300 778 779
Postal address: Level 40, 140 William Street, Melbourne VIC 3000
Further Information
If you would like further information about protecting your personal information or any other information on privacy issues in Australia, you can visit the website of the Office of the Privacy Commissioner at http://www.privacy.gov.au.
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