PLAAK.COM Terms & Conditions
plaak.com ("Plaak.com", "we" or "us") operates an online platform allowing users ("User" or "You") to connect, perform business and outsource tasks and jobs through Plaak.com platform including through our website at https://www.plaak.com or the Plaak.com iPhone application and Plaak.com Android application or any other platform we may introduce in the future ("Plaak.com Platform").
1. SCOPE OF PLAAK.COM SERVICE
1.1.Plaak.com provides a platform for connecting people within the local community that allows the Job Poster ("Customer”) to source and find a tradesperson or provider ("Service Provider”) within their local community in real time.
1.2.A reference to User in this agreement includes Job Poster Customers, Plaak.com Service Providers and any other person that visits or views the Plaak.com Platform.
1.3.A User creates an account with Plaak.com when the customer validly completes a registration form on the Plaak.com Platform.
1.4.Plaak.com provides the platform only. Apart from enabling a Job Poster Customer to find an Plaak.com Service Provider to provide a particular service or supply a particular good, Plaak.com accepts no liability for any aspect of the Job Poster Customer and Plaak.com Service Provider interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. Plaak.com has no obligation to any User to assist or involve itself in any way in any dispute between a Job Poster Customer and an Plaak.com Service Provider.
1.5. All information related to services to be performed or goods to be provided is supplied by Plaak.com Users. Plaak.com does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Plaak.com Platform.
1.6. You expressly agree that Plaak.com has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Plaak.com Service Providers and Job Poster Customers), including, but not limited to, the ability of Plaak.com Service Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Job Poster Customers or the Job Poster Customers’ ability to pay for the services or goods requested.
2. PLAAK.COM SERVICE DESCRIPTION
2.1. The Plaak.com Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Plaak.com Service may be separately described on the Plaak.com Platform.
2.2.A Job Poster Customer with a requirement for a service to be provided or a good to be acquired (1) creates and account with Plaak.com and (2) posts an accurate and complete description of the good to be acquired or service to be provided (including, but not limited to, the payment offered to the Plaak.com Service Provider) ("Posted Task"). Posted Tasks are subject to further terms set out for Posting Tasks and Making Offers below.
2.3. An Plaak.com Service Provider with an ability to perform services and/or to provide the goods (1) creates an account with Plaak.com and (2) reviews Posted Tasks uploaded by Job Poster Customers.
2.4. If an Plaak.com Service Provider desires to provide services or sell goods to a Job Poster Customer, the Plaak.com Service Provider must make an offer in response to the Posted Task ("Offer"). By making an Offer the Plaak.com Service Provider confirms that s/he is legally entitled to and capable of supplying the goods or services described in the Posted Task. Offers are subject to further terms set out for Posting Tasks and Making Offers below.
2.5. If a Job Poster Customer in any way updates a Posted Task after it has been published on the Plaak.com Platform and before an offer has been accepted, then Plaak.com may, at its discretion, cancel all Offers for that Posted Task that were made prior to the update and recommence the offer process.
2.6. If the Job Poster Customer agrees to an Plaak.com Service Provider’s offer, the Job Poster Customer will accept that Plaak.com Service Provider’s Offer by using the functionality on the Plaak.com Platform and paying the agreed price into the payment facility PAYPAL account accessible via the Plaak.com Platform ("PAYPAL Account").
2.7. The Plaak.com Service Provider and Job Poster Customer use a public question and answer feature on the Plaak.com Platform to communicate directly about posted requests for services or goods. Once a Job Poster Customer has accepted an offer from an Plaak.com Service Provider, the Job Poster Customer and the Plaak.com Service Provider can communicate privately using an Plaak.com private messaging service. Each time an Plaak.com User receives a message from the Plaak.com messaging service, a notification may be sent to the User via their currently active communication channel.
2.8. Once a Job Poster Customer has accepted an offer from an Plaak.com Service Provider and paid the agreed price into the PAYPAL Account then the Job Poster Customer and the Plaak.com Service Provider will be deemed to have entered into a separate contract under which the Job Poster Customer agrees to purchase, and the Buyer agrees to provide the Job Poster Customer with the services or goods ("Task Contract").
2.9. The terms of the Task Contract incorporate the terms of this Agreement (to the extent they apply to the Job Poster Customer and the Plaak.com Service Provider) and any additional terms and conditions agreed between the Job Poster Customer and the Plaak.com Service Provider, including the description and price of the services or goods to be provided. You agree not to enter into any contractual provisions in a Task Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Task Contract take priority over any other terms agreed between a Job Poster Customer and an Plaak.com Service Provider in the Task Contract to the extent of any inconsistency.
2.10. The Plaak.com Service Provider must provide the services or goods to the Job Poster Customer in accordance with the Task Contract, unless the services, goods or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
2.11. Once an Plaak.com Service Provider has provided the goods or services requested by a Job Poster Customer in accordance with the Task Contract, the Plaak.com Service Provider must provide notice that the task is complete by using the Plaak.com Platform functionality. It will be material breach of this Agreement and the Task Contract if an Plaak.com Service Provider provides notice that a task is complete for a particular Posted Task without having provided the relevant goods or services. If s/he is supplying goods, an Plaak.com Service Provider must not provide notice that a task is complete until the goods have actually been delivered to the address specified by the Job Poster Customer.
2.12. Once an Plaak.com Service Provider has provided the relevant goods or services in accordance with the Task Contract and has provided notice that the task is complete relating to a particular Posted Task, the Job Poster Customer must release the agreed price for the goods or services supplied to the Plaak.com Service Provider by using the Plaak.com Platform functionality. It will be material breach of this Agreement and the Task Contract if, after an Plaak.com Service Provider has provide the relevant goods or services in accordance with the Task Contract and provided notice that a task is complete for a particular Posted Task, the Job Poster Customer fails to release the agreed price.
2.13. Once the Job Poster Customer has released the payment, the fee will be paid from the PAYPAL Account to the Plaak.com Service Provider after the deduction of the relevant fees set out in the Service Fee Schedule and describe in Fees below ("Service Fees"). 2.14. Once a transaction is concluded, both the Plaak.com Service Provider and Job Poster Customer are strongly encouraged to complete an Plaak.com service review using any feedback features on the Plaak.com Platform. Plaak.com will, from time to time, contact You to remind You to complete an Plaak.com service review.
2.15. The Plaak.com Platform may from time to time include location/ map-based functionality. The Plaak.com Platform may display the location of Job Poster Customers and Plaak.com Service Providers to persons browsing the Plaak.com Platform. Each Job Poster Customer will be asked to provide the street and suburb where the task is to be performed or the goods are to be delivered. A Job Poster Customer should never disclose personal details such as Job Poster Customer’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the Plaak.com Platform.
2.16.Plaak.com may from time to time include on the Plaak.com Platform a “Hire Me” feature which enables Plaak.com Users who are browsing other User profiles to post a request for goods and services based on the skills, reputation or other profile attributes of a particular User. When this occurs, the Plaak.com User who the Job Poster Customer would like to make an Offer will be automatically notified (i) of the new Posted Task, and (ii) that the Job Poster Customer would like him/ her to make an Offer to supply the goods or services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Plaak.com Service Provider for the Posted Task.
2.17. From time to time, Plaak.com may enter into agreements with business partners ("Business Partners") to enable Business Partners to acquire aspects or functions of the Plaak.com Platform, and may seek to engage Plaak.com Service Providers in the provision of goods or services which the Business Partner will on sell to other parties (such as its customers). For the purposes of these Terms, when a Business Partner is engaged in this way, the Business Partner will be a Job Poster Customer and the task will be a Posted Task for the purposes of these Terms. Plaak.com Service Providers who agree to perform Posted Tasks for Business Partners acknowledge and agree that Plaak.com and the Business Partner may on sell the goods or services supplied to third parties for an increased fee.
2.18. Business Partners may require Plaak.com Service Providers engaged as contemplated in clause 2.17 to be approved or hold particular qualifications and Plaak.com may be asked by Business Partners to locate potentially suitably qualified Plaak.com Service Providers. Plaak.com makes no warranty that it will promote any or all suitably qualified Plaak.com Service Providers to Business Partners.
2.19. Before a Business Partner enters into a contract with an Plaak.com Service Provider, it may be requiring the Plaak.com Service Provider to enter into additional terms for the engagement ("Business Partner Contract") before the Plaak.com Service Provider can undertake any work introduced by a Business Partner.
2.20. Where an Plaak.com Service Provider accepts a Posted Task with a Business Partner:
• (a) the Plaak.com Service Provider must provide the goods or services to the Business Partner in accordance with the Task Contract created by these Terms and any applicable Business Partner Contract; and
• (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
3. PAYMENT, REFUNDS AND CREDIT
3.1. Where a Job Poster Customer pays an agreed price for goods or services into the PAYPAL Account in respect of a Posted Task ("Task Payment") that Task Payment will be used to pay the Plaak.com Service Provider and Plaak.com in accordance with this Agreement. If that payment cannot be made for any reason the Task Payment moneys will be handled in accordance with this clause 3.
3.2. If the Job Poster Customer and the Plaak.com Service Provider mutually agree to cancel the Task Contract or if, following reasonable attempts by a Job Poster Customer to contact an Plaak.com Service Provider to perform the Task Contract, Plaak.com is satisfied that the Task Payment should be refunded and there is no dispute between the Job Poster Customer and the Plaak.com Service Provider, then Plaak.com will refund the Task Payment back into the Job Poster Customer's nominated account.
3.3. If, for any reason, the Task Payment cannot be transferred or otherwise made to the Plaak.com Service Provider or the Job Poster Customer (as the case may be) or no claim is otherwise made for a Task Payment, the Task Payment will remain in the PAYPAL Account until paid or otherwise for up to three months from the date the Job Poster Customer initially paid the Task Payment into the PAYPAL Account.
3.4. Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Task Payment the Task Payment will be automatically converted into Plaak.com credit and credited to the relevant Job Poster Customer or Plaak.com Service Provider ("Holder"). The credit will be to the account of the Job Poster Customer except where the Plaak.com Service Provider has claimed the Task Contract has been completed but for whatever reason the Task Payment was not able to be transferred.
4. PAYMENT FACILITY AND PAYPAL ACCOUNT
4.1.Plaak.com may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and PAYPAL agent on behalf of the Job Poster Customer and Plaak.com Service Provider ("PAYPAL Provider").
5. THIRD PARTY SERVICES
5.1.Plaak.com may from time to time include on the Plaak.com Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Plaak.com.
5.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Plaak.com Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
5.3. If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider. 5.4.Plaak.com makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Plaak.com Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at support.Plaak.com.com.
6.1.Plaak.com may offer its Users an opportunity to obtain insurance for Plaak.com Users. All such insurance is offered by a third party. Application and terms and conditions for such third party insurance are located at Plaak.com.com/insurance. Plaak.com confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services. Plaak.com may elect to obtain its own insurance that may provide cover for Plaak.com Users.
6.2.Plaak.com does not represent that the insurance offered via the Plaak.com Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as workers compensation insurance) is required.
6.3. The Plaak.com Service Provider acknowledges and agrees that in the event that a Job Poster Customer makes a claim relating to any services performed and/or goods provided by an Plaak.com Service Provider, and the insurance taken out by Plaak.com (if any) responds to that claim then this clause applies. Plaak.com may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Plaak.com from the Plaak.com Service Provider. Where Plaak.com makes a claim and the insurer assesses that the Plaak.com Service Provider is responsible, Plaak.com is entitled to rely on that assessment. If you do not pay any excess, Plaak.com may also elect to set this amount off against future moneys it may owe to the Plaak.com Service Provider.
6.4 The Plaak.com Service Provider must hold a current valid public liability insurance policy including any applicable (as by law) worker’s compensation policies’, professional indemnity insurance while a registered service provider within Plaak.com
7. IDENTITY VERIFICATION
7.1.Plaak.com may include tools to help Plaak.com Users of to verify the identity of other Plaak.com Platform Users (“Identity Verification Services”). These tools may include mobile phone verification technology, verification of payment information, a "Reference" feature (allowing a User of the Plaak.com Service to request other Users to post a reference on the Plaak.com Platform endorsing that User), and integration with social networking sites such as Facebook, Twitter and Linked In.
7.2. You agree that Plaak.com Identity Verification Services may not be fully accurate as all Plaak.com Services are dependent on User-supplied information.
7.3.Plaak.com Platform Users are solely responsible for identity verification and Plaak.com accepts no responsibility for any use that is made of an Plaak.com Identity Verification Service.
7.4. The Plaak.com Platform may also include a User-initiated feedback system to help evaluate Plaak.com User(s).
7.5. The Plaak.com Services Identity Verification Services may be modified at any time.
8. ELIGIBILITY TO REGISTER
8.1. An Plaak.com account can only be created in the name of an individual. However, an Plaak.com User registering as an Plaak.com Service Provider or Job Poster Customer may specify within the ‘"account description" field that s/he is representing a business entity (including a company).
8.2. To create and account and use the Plaak.com Services You must be able to form legally binding contracts under applicable law. Plaak.com Services are not available to persons under 18 years of age. If You do not qualify to use the Plaak.com Services, you must not use the services.
8.3. While You are registered with Plaak.com You must maintain control of your Plaak.com account. You may not deal with your account (including feedback and associated User ID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
8.4. At its absolute discretion, Plaak.com may refuse to allow any person to register or create an account with Plaak.com or cancel or suspend any existing account.
9. USER’S OBLIGATIONS
9.1. You agree that at all times:
• (a) You will comply with this Agreement (including all Plaak.com Policies) and all applicable laws and regulations;
• (b) You will post only accurate information on the Plaak.com Platform;
• (c) You will promptly and efficiently perform all your obligations to other Plaak.com Users under a Task Contract and to Plaak.com under this Agreement;
• (d) all content (whether provided by Plaak.com, a User or a third party) on the Plaak.com Platform may not be used on third party sites or for other business purposes without Plaak.com prior permission; and
• (e) You will ensure that You are aware of any laws that apply to You as a Job Poster Customer or an Plaak.com Service Provider, or in relation to any other way(s) that You use the Plaak.com Platform.
9.2. You must not use the Plaak.com Platform for any illegal or immoral purpose.
9.3. You grant to Plaak.com an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Plaak.com Platform for the purpose of including that material and information on the Plaak.com Platform and as otherwise may be required to provide the Plaak.com Service, for the general promotion of the Plaak.com Service and as permitted by this Agreement.
9.4. Any information posted on Plaak.com Platform must not, in any way whatsoever, be potentially or actually harmful to Plaak.com or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Plaak.com. Without limiting any provision of this Agreement, any information You supply to Plaak.com 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, libelous, threatening or harassing;
• (f) be obscene or contain any material that, in Plaak.com sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
• (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Plaak.com 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.
9.5. You must have the right to provide goods and services under a Task Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a Plaak.com Service Provider Contract,
9.6. When You enter into a Task Contract using the Plaak.com Platform You create a legally binding contract with another Plaak.com User, unless the transaction is prohibited by law or by this Agreement (including the Plaak.com Policies). If You do not comply with your obligations to another Plaak.com User under a Task Contract, you may become liable to that other User. If another User breaches any obligation to You, You - not Plaak.com - are responsible for enforcing any rights that You may have with that User.
10.1. Registering and creating and account with Plaak.com is free. There is no charge for a Job Poster Customer to Post Tasks, or for other Plaak.com Users to review content on the Plaak.com Platform, including Posted Tasks.
10.2. If a Job Poster Customer has accepted your offer, you agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Plaak.com (or its nominee), which are inclusive of GST.
10.3. The Service Fees will be deducted and paid to Plaak.com when the agreed price is released from the PAYPAL Account to the Plaak.com Service Provider.
10.4. To be clear, Service Fees will be calculated only on the amount that the Plaak.com Service Provider agrees to charge the Job Poster Customer to provide the service or goods. This means that if a Job Poster Customer requires an Plaak.com Service Provider to incur costs in completing a task (for example, if the task is purchasing groceries, Plaak.com Service Provider might agree to pay for the groceries upfront and then be reimbursed by the Job Poster Customer), then the cost incurred will not be included in any calculation of the Service Fees.
10.5. If an Plaak.com Service Provider agrees to pay some of the costs as part of completing a task, Plaak.com Service Provider is solely responsible for having those costs reimbursed by the Job Poster Customer. Plaak.com will not be responsible for obtaining any reimbursement from a Job Poster Customer. We advise Plaak.com Service Providers not to agree to incur any costs for a Job Poster Customer in advance of payment by the Job Poster Customer, unless the Plaak.com Service Provider is confident that the Job Poster Customer will reimburse the costs promptly.
10.6.Plaak.com may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Plaak.com notifies You of that change by sending a message to your Plaak.com account.
10.7.Plaak.com may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Plaak.com account.
10.8. All fees and charges payable to Plaak.com are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
10.9. If Plaak.com introduces a new service on the Plaak.com Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.
10.10. Where an Plaak.com Service Provider is supplying goods or services, the Plaak.com Service Provider must not charge a Job Poster Customer Service Fees on top of the agreed price for the goods or Services under the Plaak.com Service Provider Contract.
11. REQUESTING A QUOTE AND SUBMITTING A QUOTE
11.1.A Quote request by the Job Poster Customer must be clear and relevant to the Service provider experience and qualifications. Task must include the following details in order to be accepted by Plaak.com:
• (a) Deadline for completion: the deadline for completion of the task or delivery of the goods;
• (b) Price: the price that the Plaak.com Service Provider is prepared to settle for the goods or services required; and
• (c) Description: a description of the goods or services.
11.2. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
11.3. As well as the mandatory details mentioned in paragraph 11.1, a Job Poster Customer or Plaak.com Service Provider may choose to specify additional terms that s/he wants to apply to the transaction
11.4. Job Poster Customers must describe the service or goods fully and accurately and include all terms of sale or supply that You want to apply, as well as any information required by law when requesting a quote from a Plaak.com Service Provider Tasks may only include text.
11.5. Prior to the Job Poster Customer accepting an offer from an Plaak.com Service Provider, all communications between a Job Poster Customer and the Plaak.com Service Provider making and Offer to supply the goods or services are visible to all other Plaak.com Users and can also be viewed by other internet users. All Users of the Plaak.com Platform must take care when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.
11.6. In making an Offer, an Plaak.com Service Provider agrees to provide the relevant goods or services within the timeframe and on the terms and conditions specified in the Quote (unless the Plaak.com Service Provider and the Job Poster Customer agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Plaak.com Service Provider must provide the goods or services in accordance with the agreed timeframe and terms and conditions).
11.7. Once a Job Poster Customer accepts an offer from an Plaak.com Service Provider in accordance with clause 2.6, no further negotiations are permitted on the Plaak.com Platform in relation to the provision of the relevant goods or services. If, after the Job Poster Customer accepts an offer from an Plaak.com Service Provider, the Plaak.com Service Provider and Job Poster Customer wish to negotiate on price or timeframe for completion (for example, where Job Poster Customer is not satisfied with the Plaak.com Service Provider’s performance) they may use the Plaak.com private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Plaak.com Platform.
11.8. If an Plaak.com User, Plaak.com Service Provider or Job Poster Customer wishes to complain about any comment made on the Plaak.com Platform, please either use the "Report" function available from time to time on the Plaak.com Platform, or email Plaak.com using the contact information on the Plaak.com Platform.
11.9. Job Poster Customers may choose not to accept any Offer received and is not required to accept the lowest Offer. Job Poster Customers may withdraw any Posted Task at any time prior to accepting an offer from an Plaak.com Service Provider in accordance with clause 18.104.22.168. An Plaak.com User or Plaak.com Service Provider has no obligation whatsoever to make an Offer on any Posted Task.
11.10. An Plaak.com User or Plaak.com Service Provider has no obligation whatsoever to make an Offer on any Posted Task.
12.1.Plaak.com is entitled to suspend or terminate your account at any time if Plaak.com, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Plaak.com Users.
12.2. To continue to improve our Plaak.com Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at support.Plaak.com.com
13. LIMITATION OF LIABILITY
13.1.Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law Plaak.com specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Job Poster Customers and Plaak.com Service Providers.
13.2.Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Plaak.com specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Plaak.com Platform.
13.3. Except for liability in relation to a breach of any Non-Excludable Condition, Plaak.com liability to any User of this service is limited to the total amount of fees paid by that User to Plaak.com during the twelve-month period prior to any incident causing liability of Plaak.com.
13.4.Plaak.com's liability to You for a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
14. DEFAULT IN TRANSACTIONS
14.1. If You, as an Plaak.com Service Provider or Job Poster Customer, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Plaak.com rights under this Agreement (including any Plaak.com Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, you may be in breach of your obligations to both Plaak.com and the Plaak.com Service Provider or Job Poster Customer with whom You are transacting under a Task Contract.
16. NO WARRANTY
16.1. Except for liability in relation to any Non-Excludable Condition, the Plaak.com service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
17. MODIFICATIONS TO THE AGREEMENT
17.1.Plaak.com may modify this Agreement and/ or the Policies (and update the Plaak.com pages on which they are displayed) from time to time. Plaak.com will send notification of such modifications to your Plaak.com account. You should check that account regularly.
17.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Plaak.com Platform in any manner after the expiry of that 30-day period or such other notice period notified to You, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
17.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your Plaak.com account and stop using the Plaak.com Services. Except as specifically described in or authorise by this Agreement, the terms of this Agreement and any Plaak.com Policy cannot be amended except in writing signed by You and Plaak.com.
18. NO AGENCY
18.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind Plaak.com, its related entities or affiliates in any way whatsoever. Plaak.com confirms that all Third Party Services that may be promoted on the Plaak.com service is provided solely by such Third Party Service providers. To the extent permitted by law, Plaak.com 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.
19.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Plaak.com contact address as displayed on the Plaak.com Platform, or to Plaak.com Users’ 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 Job Poster Customer 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 Australia. In this section, "Business Day" means a day on which banks are open for general business in Perth, Western Australia, other than a Saturday, Sunday or public holiday.
• (c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
20. MEDIATION AND DISPUTE RESOLUTION
20.1.Plaak.com encourages You to try and resolve disputes (including claims for returns or refunds) with other Plaak.com Users directly. Accordingly, you acknowledge and agree that Plaak.com may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
20.2.Plaak.com may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly.
20.3. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
20.4.Plaak.com has the right to hold any Task Payment the subject of a dispute in the plaak.com nominated Trust Account, until the dispute has been resolved.
20.5. If You have a complaint about the Plaak.com Service, please contact us at support.Plaak.com
20.6. If Plaak.com provides information of other Plaak.com 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 indemnify Plaak.com against any claims relating to any other use of information not permitted by this Agreement.
21.1. Either party may terminate an account and this Agreement at any time for any reason.
21.2. Termination of this Agreement does not affect any Task Contract that has been formed between Plaak.com Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the goods or services or paying the price as applicable.
21.3. Third Party Services are subject to Third Party Service provider terms and conditions.
21.4. Sections 10 (Fees), 13 (Limitation of Liability), and 20 (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.
22.1. This Agreement is governed by the laws of Western Australia. You and Plaak.com submit to the exclusive jurisdiction of the courts of Western Australia, Australia.
22.2. 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.
22.3. This Agreement may be assigned by Plaak.com to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
22.4. This Agreement sets out the entire understanding and agreement between You and Plaak.com with respect to its subject matter.
Revised December 2016 © Plaak.com 2017
SERVICE FEE SCHEDULE
The Service Fee for an offer that has been accepted by a plaak.com Service Provider is (5%) of the amount that was accepted.
It Type of Service % Fee
B. PLK Service Fee 0.1%
C. TJV Flat Fee 5.00%
* TJV= Total Job Value