- A. HomeTask Pty Ltd (ABN. 39 624 193 620) (“HomeTask”) operates an online platform at www.hometask.com.au (the “Website”) through which customers (“Users”) can book a Business for the provision of domestic home services (“Home Services”), by submitting a Booking Request. HomeTask then matches the most suitable Business from its database of Businesses to the Booking Request.
B. A Business is an independent service provider in the business of providing the Services and is not employed by HomeTask or any of its affiliates.
C. HomeTask does not offer the Home Services itself but is a third-party facilitator of the contracts between the User and the Business. Accordingly, HomeTask can receive and confirm Users’ requests for Home Services, issue receipts on behalf of the Business and pass on payments to the Business.
D. The User enters into two contractual relationships. The first contract being with HomeTask, governing the access to and use of the Website in accordance with the terms and conditions of this Agreement. The second contract being with the Business for the provision of the Home Services (“Home Services Agreement”).
E. By accessing and/or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.
AND THE PARTIES HEREBY AGREE:
1. Definitions and Interpretation
1.1. In these Terms (including the recitals), unless the context otherwise requires:
“Booking” means the booking made by you on the Website for the provision of Home Services;
“Booking System” means the online system which enables you to make a Booking;
“Booking Fee” means the fee (inclusive of goods and service tax, if applicable) for the Home Services, as advised by HomeTask from time to time;
“Custom Job” means a job request for additional home services not readily available on HomeTask website;
“Intellectual Property Rights” means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Website;
“Payment Amount” means the amount that you are required to pay for the Home Services under your Booking;
“Site Content” means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
“you”, “your” means you as the user of the Website.
1.2. In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) all monetary amounts are in Australian currency;
(i) a reference to time refers to Eastern Standard Time;
(j) “includes” is not a word of limitation;
(k) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
(l) a reference to any thing is a reference to the whole and each part of it;
(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(n) a reference to a document includes all amendments or supplements to, or replacements or notations of, that document.
2. Terms and Conditions
2.1. Access to and use of the Website is subject to the terms and conditions outlined in this agreement (the “Terms”).
2.2. HomeTask periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.
2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other websites operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by HomeTask and do not form part of the Website. You agree that you will not hold HomeTask liable or in any way accountable for anything that occurs on any Third-Party Site
3.1. In order to use this Website and make a Booking, you must first agree to the Terms.
3.2. You accept the Terms by:
(a) creating a User Profile; and
(b) clicking to accept/agree to the Terms.
3.3. Notwithstanding clause 3.2, you may not accept the Terms or access the Website if:
(a) you are not of legal age to form a binding contract with HomeTask; or
(b) you are a person barred from entering into contracts under legislation,
in which case, you must immediately leave the Website.
3.4. By accepting the Terms, you agree that you have carefully read and understood the Terms and agree to be bound by them.
3.5. If you do not understand any part of the Terms you should seek independent legal advice.
4. User Profile
4.1. You will be required to register your personal information, including your name, address, phone number and payment details on the Website in order to make a Booking (“User Profile”).
4.2. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Home Services acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4.3. You must manage Bookings through the HomeTask platform; cancelling and rescheduling as and when needed.
4.4. HomeTask may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
5. Booking System
5.1. To make a Booking login to your User Profile or use the Booking System to request a Booking. You will receive a Booking request confirmation receipt from HomeTask after submitting your Booking request.
5.2. HomeTask will then make your contact details, location, requested time and the scope of the Home Service available to their Business network. An available Business will then confirm their acceptance of the Booking.
5.3. You are able to select a preferred Business. HomeTask will take your preference into account when facilitating the Home Service, however a specific Business cannot be guaranteed and will depend on the Business’s availability at the time of booking.
5.4. When a Booking is confirmed by a Business, HomeTask will issue you with an acceptance email and attach the Home Services Agreement that constitutes the relationship between you and the Business for the provision of the Home Services. HomeTask will not, in anyway, be involved in the Home Services Agreement between you and the Business, aside from processing the Payment Amount on behalf of the Business and providing you with an invoice in accordance with clause 6.4.
5.5. If the requested Booking cannot be facilitated, HomeTask will arrange an alternative time for the Home Service with you and a Business.
5.6. You are not permitted to engage the Home Services of a Business other than through the Booking System on the Website.
5.7. The Booking System is provided on the Website to enable you to make legitimate Bookings and to make payments for those Bookings, and for no other purposes.
5.8. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Website and the Booking System will be true and accurate at all times.
5.9. Any speculative, false or fraudulent Booking is prohibited. You agree that the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
5.10. HomeTask has the right at any time to add, change or withdraw functions available on the Website at its own discretion.
5.11. HomeTask is unable to guarantee the gender of your Service Provider, and you are unable to request a male or female.
5.12. You confirm that the Business has safe access at all times to your property and during service delivery
6. Custom Job Bookings
6.1. To make a booking select Home Improvement booking, here you can provide details on a specific job request that may not be already offered by the HomeTask platform, HomeTask will source and provide the best quote by our network of Businesses suitable for your scope of works.
6.2. On request of a custom job booking, you agree to provide
a) As much detailed information as possible, including measurements, images or working drawings
b) Your full contact details including name, address, email and best contact number
c) Provide a preferred time frame for the works to start
d) Agree to receive calls from HomeTask regarding more information (if needed)
6.3. HomeTask will provide a quote on behalf of a business providers via email
6.4. On acceptance of your quote, HomeTask will facilitate a scope of works and agreed pricing through the HomeTask platform and provide your Home Service Agreement.
6.5. HomeTask will facilitate with you and the independent business provider an agreed time for works to commence.
6.6. In the event that you do not give full and complete information at the time of booking a custom job, the Service Provider may, on arrival at the Premises, deem that Additional Work is required in order for the Job to be completed. In these circumstances, the Customer and Service Provider shall agree the scope of, and fee for, such Additional Work before any work to perform the Job is commenced; or
a Service Provider incurs additional Costs and Expenses they will agree these with you in advance and you shall be liable to pay for such Costs and Expenses on the production of a valid receipt or submission of a request for payment via the HomeTask Website.
6.7. You agree to move all furniture and items to enable the Service Provider to have clear access to the Premises and for carrying out the Job.
7. Prices and Estimates
7.1. You acknowledge and agree that the price generated for your Booking is an estimate only (“Estimate”), and the actual price charged may vary depending on the type and scope of work/services needed.
7.2. After the Business has arrived at your home/premises, the Business will further assess the problem or work to be performed. If the Business determines that the work required is greater than what was initially contemplated, the Business will advise you and generate a new estimate reflecting the increase in scope of the Services. If you approve the revised estimate, the Business will complete the work. If you do not approve, the Business will take reasonable efforts to complete some or all of the work specified on the original Estimate, the pricing for which you had previously agreed to, or, if the Business is unable to do so, the Booking shall be deemed cancelled by you.
8.1. You agree that at the time of Booking, your payment details will be transferred to HomeTask’s secure payment gateway. HomeTask may check the availability of funds on your nominated payment method to ensure sufficient funds are available.
8.2. Upon making your booking request through HomeTask, you agree to the automatic debit of the Payment Amount to your nominated payment method. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
8.3. On receipt of the Payment Amount, HomeTask will hold the Payment Amount on behalf of the Business until such time as they are remitted to the Business, refunded to you (if you are entitled to a refund) or transferred to HomeTask in payment of our fees and charges. No interest will be payable by HomeTask to you or the Business on amounts held by HomeTask.
8.4. HomeTask, on behalf and in the name of the Business, will issue you with an invoice.
8.5. Your payments to HomeTask are processed via a secure payment gateway and from time to time, financial institutions or payment providers may charge an additional fee for transacting with HomeTask. If this occurs, the HomeTask customer care team, will at your request, arrange a refund for this fee.
9. Changes and Cancellations
9.1. You can cancel or amend a Booking on the Website, free of charge, up to 24 hours before the Home Service is scheduled to begin.
9.2. If you cancel or amend a Booking within 24 hours before the Home Service is scheduled to begin, you will have to pay cancellation costs equivalent to the booking fee of the Home Service.
9.3. You cannot amend, extend or cancel a Booking during the performance of the Services.
9.4. The Home Service Agreement shall expire once the Home Services under the Booking have been performed.
9.5. If the Business is unable to fulfil a confirmed Booking (in full or part), we will attempt to find you a replacement Business. If we cannot find you an alternative Business, we will reschedule your Booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the Booking at no charge.
9.6. There is a minimum of three (3) Home Service requests for recurring Bookings. If the recurring Booking is cancelled within this period, you agree to pay HomeTask a fee of $100. Once your commitment term is reached your plan will remain active and services will continue to be scheduled and charged based on your selected frequency, until such time you decide to cancel or change. The parties agree that such fee is a genuine and reasonable estimate of the loss HomeTask will suffer as a consequence of your cancellation. We reserve the right to reduce the fee payable under this clause 7.6 at our discretion.
9.7. In addition, the first three Home Services of the recurring Bookings are to be provided within 5 weeks of the initial Booking where the recurrence is weekly and within 7 weeks where the recurrence is fortnightly. If the services are not provided during this period, HomeTask reserves the right to charge its one-off fee in accordance with clause 7.6 rather than a recurring booking fee.
10.1. HomeTask operates the Website as a third-party facilitator for the Home Services and provides you with the platform to purchase the Home Services.
10.2. HomeTask is not an agent or broker for you or the Business. You enter into any transaction with a Business entirely at your own risk.
10.3. HomeTask uses their best efforts to monitor the Home Services offered by a Business. However, HomeTask does not make any representation as to the safety, quality, condition or description of any products used or Home Services provided by Business. Any issues regarding safety, quality, condition or description should be notified to HomeTask, who will then pass the issue onto the Business designated to your Booking. You should refer to the terms and conditions of your Home Service Agreement for further information.
10.4. All bookings are subject to Business availability.
10.5- You acknowledge that HomeTask does not provide the Services to you in any circumstances and the Businesses are not employed or subcontracted by HomeTask or any of its affiliates.
11. Business Ratings
11.1. HomeTask will email you a business rating review for your provided service professional(“Ratings”).
11.2. Ratings must be based on demonstrable facts. They must be written fairly and objectively and must not contain any content which is offensive or abusive, liable to criminal prosecution or otherwise unlawful (e.g. content which infringes third parties’ intellectual property rights). Ratings which violate this clause will not be published or will be deleted. Ratings will identify the User that has posted the Rating.
11.3. By sending in a Rating, you grant HomeTask, free of charge, the usage rights to the text of the Rating without any territorial or time limitation.
11.4. HomeTask will have the right to deal with the Rating in any manner it sees fit, including using it for further rating services, passing it on to third parties or publishing it.
11.5. Unjustified multiple Ratings, self-Ratings and other forms of Rating which attempt to have a distorting influence on the rating system are prohibited.
12.1. HomeTask may at its discretion terminate your use of, or access to, the Website at any time. If this happens we may notify you by email. If your use of the Website is terminated:
(a) you are no longer authorised to access the Website or use any other HomeTask services with the email address you used to register with the Website or any other email address you possess;
(b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
(c) all licences granted by you and all disclaimers by HomeTask and limitations of HomeTask’s liability set out in the Terms or elsewhere on the Website will survive termination.
12.2. You may terminate this agreement by emailing HomeTask at hello@Hometask.com.au HomeTask will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
12.3. HomeTask reserves the right to deduct any outstanding fees and charges owing to HomeTask and/or the Business on your User Profile prior to disabling it.
13. Dispute Resolution Policy
13.1. HomeTask will use reasonable endeavours to mediate any dispute concerning the use of the Website.
13.2. Disputes in relation to the Home Services carried out by a Business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
13.3. Any issues with the service must be reported to HomeTask within 24 hours. You must provide us with photos of an unsatisfactory Service within 24 hours of completion.
14. Security of Payment
14.1. We have taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. HomeTask does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
15.2. You agree that HomeTask will disclose your personal information, including your name, address and phone number to Business in order for the Business to carry out the Home Services.
16. Intellectual Property
16.1. The Site Content is protected by copyright and HomeTask reserves all Intellectual Property Rights which may subsist in the Site Content and/or the Website.
16.2. By accepting the Terms, you are granted a non-exclusive licence to:
(a) view the Website;
(b) print pages from the Website in its original form; and
(c) download any material from the Website for caching purposes only.
16.3. You must not, without HomeTask’s prior written consent which may be withheld at its absolute discretion:
(a) copy, republish, reproduce, duplicate or extract Site Content;
(b) redistribute, sell, rent or licence any Site Content; or
(c) edit, modify or vary the Site Content.
17. Acceptable Use
17.1. You must not use, or cause this Website to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes HomeTask’s or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful; or
(d) causes impairment of the availability or accessibility of the Website.
17.2. You must not use, or cause this Website to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
(b) computer viruses;
(e) keystroke loggers; or
(f) any other malicious computer software.
18. Indemnity and Liability
18.1. General indemnity
You agree to indemnify HomeTask, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which HomeTask may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.
18.2. General limitation of liability
We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of Site Content or otherwise in connection with the Website.
18.3. Home Services Liability
To the extent permitted by law, HomeTask will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) Home Services.
18.4. Information accuracy
You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by other users of the Website (i.e. Ratings), and that HomeTask does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
By using this Website, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.
19. Warranties and Representations
19.1. The use of this Website is at your own risk. The Site Content and everything from the Website is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
19.2. None of HomeTask’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website.
20. General Provisions
20.1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
20.2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
20.3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforce ability of the other provisions in these Terms.
20.4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Queensland and you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
21. HomeTaskCleaning Plan:
21.1. Our cleaning plans are a way to save you money. If you commit to a minimum period, you will receive a discount. Please note that if you cancel your plan before the final date, you will be subject to a $200 fee.
21.2. Minimum Commitment: If you have chosen the cleaning plan with 5% or 10% discount, this option has a minimum commitment of three or six months. Should you cancel the service before the date three or six months after your first clean, you will be subject to a $200 cancellation fee.
21.3. Rescheduling cleans: You can reschedule cleans up to 24 hours before the clean at no charge. Within 24 hours of your clean, you will be charged $50, part of which is allocated to the HomeTask cleaner for loss of work. If you have chosen the six month cleaning plan, you have committed to at least 26 cleans (weekly subscription) or 13 cleans (fortnightly subscription).
21.4. HomeTask will try our best to keep the same cleaner for each clean. If we need to replace cleaners you will be notified by email.
21.5. If you are not happy with a cleaner, we will happily switch to a new cleaner free of charge.