Terms & Conditions
Terms and Conditions
The Hands-4Hire terms & conditions (updated September 2020) outline Hands-4Hire and Your obligations and responsibilities on the
Hands-4Hire Platform.
User Agreement: www.hands-4hire.com.au
Hands-4Hire is an online platform allowing Users who require a service to connect through the Hands-4Hire Platform with other Users who provide services on a urgent/casual basis.
Please read these terms and all Policies carefully before using the Hands-4Hire Platform.
THE HANDS-4HIRE PLATFORM OBJECTIVE
1.1 Hands-4Hire provides the Hands-4Hire Platform to enable Job Posters to publish required work tasks.
1.2 Work seekers may apply to a Posted Work Task.
1.3 A Job Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Hands-4Hire reserves the right to cancel all Posted Job Tasks made prior to the modification.
1.4 If a Job Poster accepts an application on the Hands-4Hire Platform, the Job Poster may contact the Work Seeker directly and discuss and agree on work and payment terms prior to work commencing.
1.5 Once the Services are complete, both parties should agree the service was completed to a satisfactory standard and agreed payment should be made.
1.6 The agreed cost of service is a contract in good faith between the Job Poster and Job Seeker. Hands-4Hire accepts no responsibility and does not take a percentage of Job payment.
1.7 Once the Services are complete, the Job Poster must provide notice of that on the Hands-4Hire Platform.
1.8 After the Job Task is completed, both parties are encouraged to review and provide feedback of the Services on the Hands-4Hire Platform via the rating system.
2. HANDS-4HIRE’S ROLE AND OBLIGATIONS
2.1 Hands-4Hire provides the Hands-4Hire Platform only, enabling Users to publish Posted Job Tasks and apply for Posted Job Tasks.
2.2 Hands-4Hire only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.4 At its discretion, Hands-4Hire may refuse to allow any person to register or create an account with Hands-4Hire or cancel or suspend or modify any existing account including if Hands-4Hire reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Hands-4Hire Platform.
2.5 Hands-4Hire accepts no liability for any aspect of the Poster and Seeker interaction, including but not limited to the description, performance, payment or delivery of Services.
2.6 Hands-4Hire has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Seekers to perform tasks or supply items, or the honesty or accuracy of any information provided by Job Posters or the Job Posters' ability to pay for the Services requested.
2.7 Hands-4Hire has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Hands-4Hire Platform;
(c) ensure that You are aware of any laws that apply to You as a Job Poster or Job Seeker, or in relation to using the Hands-4Hire Platform.
3.2 You agree that any content (whether provided by Hands-4Hire, a User or a third party) on the Hands-4Hire Platform may not be used on third party sites or for other business purposes without Hands-4Hire prior permission.
3.3 You must not use the Hands-4Hire Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Hands-4Hire account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant Hands-4Hire an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Hands-4Hire Platform for the purpose of publishing material on the Hands-4Hire Platform and as otherwise may be required to provide the Hands-4Hire Service, for the general promotion of the Hands-4Hire Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Hands-4Hire Platform must not, in any way whatsoever, be potentially or actually harmful to Hands-4Hire or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Hands-4Hire
3.7 Without limiting any provision of this Agreement, any information You supply to Hands-4Hire or publish in a Posted Job Task (including as part of an Offer) must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Hands-4Hire sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Hands-4Hire Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 Hands-4Hire Platform may from time to time engage location-based or map-based functionality. The Hands-4Hire Platform may display the location of Job Posters and Job Seekers to persons browsing the Hands-4Hire Platform.
3.9 If You are a Job Seeker, You must have the right to provide Services to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment.
3.10 If a Job Seeker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Job Seeker is solely responsible for obtaining any reimbursement from the Job Poster. Hands-4Hire advises Job Seekers not to agree to incur costs in advance of receiving the payment for these costs, unless the Job Seeker is confident the Job Poster will reimburse the costs promptly.
3.11 If Hands-4Hire determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Job Seeker Contracts, it reserves the rights to remove any content, Posted Job Task or application You have submitted to the Hands-4Hire Platform or cancel or suspend Your account.
4. FEES
4.1 Upon the creation of a Hands-4Hire account, the User agrees to the Hands-4Hire service fee. The Service Fee will automatically be deducted on a monthly direct debit payment system.
4.2 All Fees and charges payable to Hands-4Hire are non-cancellable and non-refundable
4.3 If Hands-4Hire introduces a new service on the Hands-4Hire Platform, the Fees applying to that service will be payable as from the launch of the service.
4.4 Hands-4Hire may restrict a User's account until all Fees have been paid.
5. PAYMENTS
5.1 Hands-4Hire accepts no responsibility for any payments or non-payments of any services agreed to between the both parties.
6. PAYMENT FACILITY
6.1 Hands-4Hire uses a Payment Provider to operate the Payment Account.
6.2 If Hands-Hire changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
7. FEEDBACK
7.1 You can complain about any comment made on the Hands-4Hire Platform by contacting Hands-4Hire via email.
7.2 Hands-4Hire is entitled to suspend or terminate Your account at any time if Hands-4Hire, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Hands-4Hire Users.
8. LIMITATION OF LIABILITY
8.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Service Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
8.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
9. MODIFICATIONS TO THE AGREEMENT
9.1 Hands-4Hire may modify this Agreement or the Policies (and update the Hands-4Hire pages on which they are displayed) from time to time. Hands-4Hire will send notification of such modifications to Your Hands-4Hire account or advise You the next time You login.
9.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Hands-4Hire Platform in any manner, including engaging in any Job Seekers, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
9.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Hands-4Hire who will terminate Your Hands-4Hire account and stop using the Hands-4Hire Platform.
10. NO AGENCY
10.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Hands-4Hire, its related entities or affiliates in any way whatsoever. Hands-4Hire confirms that all Third Party Services that may be promoted on the Hands-4Hire Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Hands-4Hire specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
11. NOTICES
11.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Hands-4Hire contact address as displayed on the Hands-4Hire Platform, or to Hands-4Hire contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Hands-4Hire Platform account.
11.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.
12. MEDIATION AND DISPUTE RESOLUTION
12.1 Hands-4Hire encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Hands-4Hire may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
12.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
12.3 Hands-4Hire may elect to assist Users resolve disputes. Any User may refer a dispute to Hands-4Hire. You must co-operate with any investigation undertaken by Hands-4Hire. Hands-4Hire reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Hands-4Hire determination in an applicable court or tribunal.
12.4 If You have a complaint about the Hands-4Hire Platform please contact us via email.
12.5 If Hands-4Hire provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Hands-4Hire for any costs, losses or liabilities incurred by Hands-4Hire in relation to any claims relating to any other use of information not permitted by this Agreement.
13. TERMINATION
13.1 Either You or Hands-4Hire may terminate your account and this Agreement at any time for any reason.
13.2 Termination of this Agreement does not affect any Job Seeker that has been formed between Hands-4Hire Users.
13.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
13.4 Sections 4 (Fees), 8 (Limitation of Liability) and 12 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
13.5 If Your account or this Agreement are terminated for any reason then You may not without Hands-4Hire consent (in its absolute discretion) create any further accounts with Hands-4Hire and we may terminate any other accounts You operate.
14. GENERAL
14.1 This Agreement is governed by the laws specified in Australia’s Specific Terms.
14.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
14.3 This Agreement may be assigned or novated by Hands-4Hire to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
14.4 This Agreement sets out the entire understanding and agreement between the User and Hands-4Hire with respect to its subject matter.
Last Updated September 2020 / copyright Hands-4Hire 2020