“Helpee” means anyone purchasing services through our website.
“Content” means any and all material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the website.
“Helper” means anyone offering, advertising or selling their services through our website.
“Services” means a classified service whereby Users can post a job or service they require. Helpers can advertise their services and Helpees can purchase services for work or a required service (“Job”) through our website.
“the website” means Helpmarket.com.au and other hosted Helpmarket branded domains.
“We”, “our” and “us” means Helpmarket, including its directors, employees, contractors and affiliates.
“You” and “User” means the individual or business using our Services and by doing so, agree to these Terms.
HOW IT WORKS
- Register to either provide or receive help or both. You can both register to receive assistance and provide it.
- If you are a Helper, you must set up your profile and include your skills, location, certificates, licenses and any other qualifications as well as your availability.
- A Helpee will select a Helper and provide a description of the services or Job required, location and any other relevant information.
- A Helpee can also post a Job where they require assistance.
- Users will agree a price, time and location (“Booking”) for the Job. All prices must be quoted for the full Job required and no hourly fees are to be posted.
- Quoted fees for the Job to be performed do not include any materials, parts or equipment that may be required to complete the Job. These must be paid by the Helpee to the Helper at the time of the Job prior to completion.
- Helpee will prepay into our escrow account pending completion of the Job.
- The Booking must be made and payment authorised in order for the Helper and Helpee to have full contact to finalise any additional information or requirements.
- Both Users must advise Helpmarket that the work has been completed by confirming with the ‘Complete’ button. You must do so within 24 hrs of the work being completed.
GENERAL USER AGREEMENT
To be eligible to use our Services, you agree to the below terms.
You warrant that:
- The information you post, provide or advertise on and through the website is genuine, true and accurate;
- You are 18 years of age or older and able to form a legal binding contract;
- You will only interact and communicate with Users through our private messaging system to ensure all details are in writing;
- Any service you provide or Job you agree to complete as a Helper complies with applicable laws, codes and regulations where relevant. In particular, the Helper as a service provider will have all relevant certifications, licenses and experience to provide any service and Job where required;
- If you agree to assist with a Job, you warrant you are legally and professionally qualified, have the relevant skills, experience and are competent to perform the agreed Job and provide the service;
- You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, escort, sexual, soliciting, offensive or otherwise illegal activities;
- You will not use our Services to promote, advertise or otherwise sell products or services for third parties;
- You will at all times abide by the Australian Consumer Law (‘ACL’) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements; and
- You also agree to ensure you, as a Helper, adhere to good practice service standards for the supply of goods and services to Helpees in a timely and responsive manner. You agree to perform all Jobs with honesty, integrity and to commence and complete the Jobd within the agreed timeframe.
You acknowledge and agree:
- We are a facilitator only for the purposes of permitting Users to list and purchase goods and services;
- We are not responsible for, nor affiliated with any particular User beyond providing the Services;
- You need to make all your own enquiries about any Helper or Helpee, their reputation and qualifications. We do not do any background or other checks on any User and we do not review any licenses or qualifications. It is up to each User to make all necessary enquiries to satisfy themselves that the service and provider of the services are appropriate and meet their requirements. We are in no way responsible for any results of any Job, interaction, experience, meeting or other arrangement and you engage any Helper and use our Services entirely at your own risk;
- We are in no way responsible for your choice of Helper or any service. Any Jobs or services agreed to be performed between Users is your contractual relationship with that individual User. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction;
- By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website;
- The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and
- You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.
REGISTERING FOR OUR SERVICES
In order to use our Services, you need to register and set up an account. You must at all times, keep your registration details accurate and up-to-date and your password and access private.
By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material, and have the right to advertise or provide the service. You also represent that you are not breaching any regulations, restrictions or third party rights in doing so.
CONFIRMATION OF WORK AND DISPUTES
In the event of a dispute, if you are unhappy with the Job, or if something was not anticipated with the work, you must contact the other party in within 24 hours of the agreed work completion date and time. Helpmarket is not and has no obligation to be involved in any dispute between Users.
If User does not raise a dispute with the other party and does not confirm completion of the Job within 72 hrs of the Job being completed, Helpmarket may release funds to the Helper. It is then up to the User to either seek mediation for any issues or address any further requirements directly with the other User in relation to the service.
If either party raises a dispute, we ask to be notified in writing at email@example.com with evidence of your notification to the other party of such dispute. We will then freeze the funds until such time as both parties confirm to us agreement to release of funds. If no agreement is able to be made, you will have to refer to the relevant Mediation of Disputes clause below. In the event we are advised of a dispute, we will only release funds on notification of completion by both parties or alternatively, by confirmation from a professional mediator or process.
In addition, if you do not confirm the Job and do not contact us to explain why, your account may be suspended and you may lose your right to use our Services in the future. This is an essential term of our agreement and Services and we may terminate your membership and account permanently in our sole discretion.
MEDIATION OF DISPUTES: In the event that a dispute cannot be resolved between Users, both parties are encouraged to submit to a certified mediation process or to report any trade issues to the relevant trade body that governs that particular trade. Other means of resolution may include reporting your dispute to your local police or law enforcement agency or to the regulatory authority as appropriate.
Any dispute, claim or issue arising out of or in connection with our Services may be settled by confidential mediation at either party’s election. Each party shall bear its own costs for mediating any dispute.
FEE AND PAYMENT TERMS
Joining and listing Jobs on Helpmarket is free. The Helper advises to the Helpee the full cost of the Job to be performed less any costs for materials or equipment. All costs for materials, parts or equipment that may be required to complete the Job must be paid by the Helpee to the Helper at the time of the Job being performed and prior to completion. At no time is Helpmarket to be responsible for any costs incurred by any Helper that are not reimbursed by any Helpee. It is solely up to the Helper to ensure they provide receipts for materials and parts to the Helpee and obtain reimbursement for any materials, parts or equipment they may have provided or be required to provide to perform the service.
FEES AND COMMISSIONS: Helpmarket charges a commission fee (“Fee”) of 7.5% +GST for any Job performed. This Fee is calculated on the Job and does not include additional costs that may be incurred as part of the Job such as materials, parts or equipment.
The Helpee agrees to pay the Helpmarket Fee of 7.5% +GST calculated on the full amount cost of the Job. This Fee is paid at the time of payment for the Job and deducted at the time of release of the funds from escrow on completion of the Job.
Prepayment for Jobs must be done prior to any services being provided and any Booking being confirmed. The payment is held in escrow until such time as the Job has been performed and both the Helper and Helpee confirms that the Job is finalised and completed.
With any payments, Paypal and any credit card facilities may deduct their own commissions which may vary from time to time. Please refer to your Paypal account terms and conditions to confirm the current rates.
We are in no way responsible for remitting any tax or other payments to any regulator or government organisation on behalf of any Helper or Helpee. You are solely responsible for ensuring you manage your own regulatory requirements. We have no affiliation or association with any Helper or Helpee at any time beyond providing these Services including but not limited to employment, tax, payments, superannuation or any other business or legal requirement.
REFUND, CANCELLATION AND TERMINATION
TO CANCEL YOUR BOOKING AND RECEIVE A REFUND: You must cancel any Booking at least 48 hours prior to the agreed Booking time and date in order to receive a full refund. You must cancel through the website and receive a confirmation to ensure the Booking is cancelled.
Any cancellation more than 24 hours and less than 48 hours prior to your Booking time and date will incur a Helpmarket service fee.
There is no refund for any cancellation that is done less than 24 hours before any confirmed Booking time and date.
WE MAY TERMINATE YOUR USE OF OUR SERVICES AT ANY TIME: We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your account and access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information you provide in any information to any User or any Content you provide is untrue, inaccurate or incomplete, or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your profile, registration and information and terminate your account. We may also deny the use of our website and Services to you in the future in the event of any breach.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.
In the event of any breach of our Terms or termination of your profile and registration, we are not required to provide any refund or part thereof.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage including but not limited to injury, death, loss of revenue or profits which may result directly or indirectly from your use of the Services or our website.
You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our website or for any action or inaction by you using our Services.
In addition, you agree to fully indemnify us for any and all claims as a result of you using our Services or for any third party claims which may result from your Content, or any business you conduct with any User.
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute apart from your rights that cannot be excluded, restricted or modified. In any case, our liability to you will not exceed $100AUD.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.
CLIENT EXPERIENCE FEEDBACK
In posting any comments, experiences or recommendations to our website or on any media outlet worldwide, you will at all times ensure you are doing so in good faith and all times abide by all terms on our website.
Any comments, suggestions, recommendations, or information (together “Posts”) you make to us or our website via our “Get in Touch” page will abide by our Terms and will be made in the spirit, culture and ethos of the website. You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, User, advertiser, or third party. We can at any time, in our sole discretion, deny you access to the website.
We may also use the information you provide to us to republish, communicate or display in any manner we choose without reference to your name or contact details.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
These terms and conditions represent the whole agreement between you and Helpmarket concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Helpmarket.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Users.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.
If you have questions or concerns, contact us through the ‘Get in touch with us’ page.
2. Collection of Information
We may require information to provide you with the best possible service. If we have trouble processing an order, we will use this information to contact you.
-Contact information. Name, email, and postal address.
-Financial information. Credit card number and expiration date.
3. Use of Collection Information
Helpmarket only collects and uses information that can help us provide you with our products and/or services and a high level of customer service. It is used to process orders or send billings. Correspondence is recorded in order to provide service references, and to assist in our staff development. This includes correspondence made through telephone, email, mail, fax or directly through our website.
4. Security of Credit Card information
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). We simply pass on credit card details in order to be processed. We never permanently store credit card details.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our website, please contact us via the ‘Get in touch with us’ page.
5. Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it through our website in the Account section or by contacting us via the ‘Get in touch with us’ page.
6. Use of our Services
If you use our website, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and physical address) and financial information (such as credit card number, expiration date) in order to enable us to provide the services.
We use this information for billing purposes and to fill your orders for services. If we have trouble processing an order, we will use this information to contact you.
Helpmarket uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including newsletters or promotional emails.
If you do not wish to receive such correspondence, you can send a request to be removed from any mailing lists by contacting us via the ‘Get in touch with us’ page.
8. Third Parties
Helpmarket may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service but we do not sell or deal in personally identifiable information.
These third parties are prohibited from using your personally identifiable information for any other purpose other than to assist us to provide the goods or services you have purchased. Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect copyright, trademarks and other legal rights.
Helpmarket does not share any information with third parties for any unknown or unrelated uses.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
We are not responsible for and do not have any control of any personally identifiable information you may provide to any other User, individual or business that you may interact with using our services or through our website. You provide any personally identifiable information at your own risk and we are in no way responsible for the way they may use this or what they may do with this information. We strongly urge you to consider this, do all reference checks and satisfy yourself that any information you may provide to any other User, individual or business will be kept secure and not used for any purpose other than as agreed between yourself and the other party before providing it.
We strive to ensure the security, integrity and privacy of personal information submitted to our website is maintained, and we periodically update our security measures in light of current technologies.
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
SELF SERVICE TERMS
Please review these terms (the “Agreement”) carefully. By accessing or using the Self-Serve Services offered by Helpmarket Group Pty Ltd. (“Helpmarket”, “we” or “us”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time as set out in Section 37 below. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: https://helpmarket.com.au/cms/terms-and-privacy, though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Self-Serve Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.
This Agreement applies to the “Self-Serve Services”, which are services that you access or purchase through our website (this does not include Helpmarket’s Find Help Functions, of which Terms and Conditions can be found elsewhere on https://helpmarket.com.au/cms/terms-and-privacy. Other terms may also apply to your use of the Self-Serve Services, such as the Acceptable Use Rules.
By using our Self-Serve Services, you confirm that:
A. You will only use our Self-Serve Services for business and professional reasons;
B. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
C. You accept and will comply with this Agreement;
D. If you are using our Self-Serve Services as a representative of an organization, you have the power to enter into legally binding agreements for the organisation; and
E. You are responsible for anyone that uses our Self-Serve Services through your account, such as your employees, consultants or contractors (“Authorized Users”).
1. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Self-Serve Services.
“Customer Content” is Content that you or your Authorised Users provide to us, or upload to our Self-Serve Services.
“Mentions” are the Content that a third party (in other words, someone other than you, your Authorized Users or Helpmarket) creates and that we obtain on your behalf and at your instruction from Social Networks or other Third-Party Services that you connect to our Self-Serve Services. For example, posts created by your followers that appear on your Facebook page would be considered Mentions.
“Self-Serve Services” means our websites, such as Helpmarket.com.au (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications; or (b) Third-Party Services (see below for how we define those) that you access or use in connection with our services.
“Third-Party Services” are services that are not provided by Helpmarket but that you may access or use in connection with our Self-Serve Services. They include the “Social Networks”, which are the social networking sites supported by our Self-Serve Services (such as Twitter, Facebook, LinkedIn and Instagram).
“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Self-Serve Services. For the avoidance of doubt, if you are accessing and using the Self-Serve Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Self-Serve Services on behalf of.
Helpmarket’s Self-Serve Services
2. Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Self-Serve Services in the way set out in the plan you subscribed to. You may not use or access the Self-Serve Services in any other way, such as using robots, spiders, crawlers and scraping technologies.
3. Our Self-Serve Services evolve constantly. We may change our Self-Serve Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Self-Serve Services.
4. Our Self-Serve Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Helpmarket in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.
Acceptable Use Rules
5. You and any Authorized Users using your account must comply with the Acceptable Use Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Self-Serve Services.
6. You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.
7. If you use the Self-Serve Services for contests or otherwise ask people to submit Content through the Self-Serve Services (“Submitted Content”), you acknowledge and agree that:
(A) the Self-Serve Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
(B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Self-Serve Services is accurate or complete.
8. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
Content and Third-Party Services
9. We are not responsible for Content provided by others, including Mentions and Content from Third-Party Services (such as Content from Social Networks and Content in apps from the App Directory). You and anyone else who accesses our Self-Serve Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.
10. If you access or purchase a Third-Party Service through our Self-Serve Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.
11. If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.
12. When you access the App Directory and install or use one or more apps available there, you also agree to the App Directory Terms.
13. We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
Data Protection & the GDPR
15. If we share non-public information about Helpmarket or our Self-Serve Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
16. Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Self-Serve Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
17. Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Helpmarket a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
18. Self-Serve Services. We keep all rights and interests in our Self-Serve Services. The Self-Serve Services contain Content owned or licensed by Helpmarket (“Helpmarket Content”). Helpmarket Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Helpmarket, we own and retain all rights in the Self-Serve Services and in any Helpmarket Content.
Payment Terms, Trials and Renewal
19. Fees and Trials. You must pay all fees for the Self-Serve Services you purchase, except for Self-Serve Services that we expressly offer free of charge. If you sign up for a free trial of a paid Self-Serve Service, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free service and uninstall any paid apps before the end of the free-trial period.
20. Paid Services. The Helpmarket Online Payment Terms apply to your purchase of any paid Self-Serve Services.
21. Auto-Renewal of Self-Serve Services. Self-Serve Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased our Self-Serve Services), and we will automatically bill you on renewal unless you cancel or downgrade our Self-Serve Services under Section 23 below.
22. Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.
Cancellation and Termination of Self-Serve Services
23. You may cancel or downgrade your Self-Serve Services plan at any time by logging in to the portal and adjusting your plan through your profile on the top right of the Dashbaord. If you cancel (or downgrade) paid Self-Serve Services, you must continue to pay for the rest of your plan term and you are not entitled to a refund.
24. We may refuse to provide service (including the Self-Serve Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Self-Serve Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Self-Serve Services under this section for no reason, we will refund you for the Self-Serve Services you have not yet received.
Disclaimer of Warranties and Limitation of Liability
25. We offer our Self-Serve Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Self-Serve Services will meet your requirements or that our Self-Serve Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Self-Serve Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Helpmarket and our affiliates (the “Helpmarket Parties”) from any claims, known or unknown, you have against them.
26. We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Self-Serve Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Self-Serve Services or your account or the information contained in your account, including Customer Content.
27. Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Self-Serve Services, even if we have been advised of the possibility of such losses, will not exceed the greater of the fees we received from you for our Self-Serve Services that are subject to the claim during the three-month period immediately preceding the date on which the damages arose and AUD$100. The limitations of liability in this section also apply to the Helpmarket Parties and to claims brought based on any cause of action, including breach of contract, tort (including negligence), statute or other legal or equitable theory. If there is a law that limits how the limitation of liability in this section applies to you, our liability will be limited to the fullest extent permitted by law.
28. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
29. Our prices are set based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.
30. If you are dissatisfied with our Self-Serve Services or believe that you’ve been harmed by your use of our Self-Serve Services or this Agreement, you may terminate your use of our Self-Serve Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.
Claims and Disputes
31. The laws of New South Wales, Australia will govern any dispute, cause of action or claim arising out of this Agreement or your use of our Self-Serve Services, including against any Helpmarket Party (“Dispute”), without giving effect to conflict-of-law principles.
32. You will indemnify and hold harmless the Helpmarket Parties from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against a Helpmarket Party related to: (a) Customer Content or Submitted Content; (b) your breach of this Agreement or any laws; or (c) your use of our Self-Serve Services or any Third-Party Services (including your breach of terms for any Third-Party Services).
33. If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
34. If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and Helpmarket. You will give notice of your Dispute to us in writing. If we do not decide together on an arbitrator within 15 days after we receive that notice, we both agree to ask VCAT to allocate one to us. The arbitration will take place in Victoria, Australia, and will follow the Domestic Commercial Arbitration Rules of the BCICAC. The arbitrator will have the right to decide how the costs should be divided between us. The arbitrator will have the right to accept whatever kind of evidence they think is appropriate and will have the right to make whatever award they consider fair and equitable, based on legal and equitable principles, including giving an order such as an injunction (to stop one of us from doing something) or an order that you or we pay damages to the other.
35. Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Helpmarket and you each waive any right to a trial by jury.
36. Export Compliance. You will not use or access our Self-Serve Services if you are located in any jurisdiction in which the provision of our Self-Serve Services is prohibited under any applicable laws (a “Prohibited Jurisdiction”).
37. Amendment. We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the Helpmarket website, and your use of the Self-Serve Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using our Self-Serve Services and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use of the Self-Serve Services from that point forward.
38. Assignment. You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.
39. Severability. If a court finds part of this Agreement to be invalid, the rest will continue to apply with the minimum changes required to remove the invalid part.
40. Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social Network) changes their services or terms or no longer offers their services to you or Helpmarket on terms we believe are reasonable.
41. Remedies. If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.
42. Notices to You. Helpmarket may give notice to you by placing a banner notice on the Helpmarket platform or Helpmarket’s website. We may also contact you or your Authorized Users through your Helpmarket account or contact information you provide, such as email or telephone or through your account on one or more Social Networks. If you fail to maintain accurate account information, such as contact information, you may not receive critical information about our Self-Serve Services or this Agreement.
43. Notices to Helpmarket. For any notice to Helpmarket that you give under or regarding this Agreement, you must notify Helpmarket by email to firstname.lastname@example.org with a duplicate copy sent via registered mail to the following address: Helpmarket, 1/38 Margaret St, Moonee Ponds VIC 3039.
44. Entire Agreement. This Agreement, including the other documents referred to as applicable to the Self-Serve Services in this Agreement, is the entire agreement between you and Helpmarket for your use of our Self-Serve Services. Any prior understandings, statements or and agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors and assigns.