Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.
The Airtasker terms & conditions (updated 31 March 2017) provide a guideline to help you understand Airtasker’s and your own obligations and responsibilities on the Airtasker Platform. Airtasker now provides a Task Contract to enable Users to understand their contractual rights and obligations when performing or receiving Services. Airtasker has also updated information regarding its payment facilities and dispute resolution services.
Airtasker operates an online platform allowing Users to connect through the Airtasker Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the Airtasker Glossary.
1.1 Airtasker provides the Airtasker Platform to enable Job Posters to publish Posted Tasks.
1.2 Airtasker Workers may make an Offer in response to a Posted Task. Parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A Job Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Airtasker reserves the right to cancel all Offers on a Posted Task made prior to the modification or amendment.
1.4 If a Job Poster accepts an Offer on the Airtasker Platform, a Task Contract is created between the Airtasker Worker and the Job Poster.
1.5 Upon creation of a Task Contract, the Job Poster must pay the Task Payment into Escrow Account.
1.6 Upon creation of the Task Contract, Airtasker has rendered Airtasker Services and the Fees are due and payable.
1.7 Once the Task Contract is created, the Airtasker Worker and Job Poster may vary the Task Contract on the Airtasker Platform. The Job Poster and Airtasker Worker are encouraged to use Airtasker's private messaging system to amend or vary the Task Contract or to otherwise communicate.
1.8 The Airtasker Worker must perform the Services required under the Task Contract.
1.9 Once the Services are complete, the Airtasker Worker must provide notice of that on the Airtasker Platform.
1.10 Once the Services are complete, the Job Poster must provide notice of that on the Airtasker Platform.
1.11 Once the Posted Task has been completed and the Job Poster confirms the Services are completed, or if Airtasker is satisfied the Services have been completed, the Worker Payment will be released from the Escrow Account.
1.12 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Airtasker Platform.
1.13 Airtasker may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Job Poster would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Airtasker Worker for the Posted Task.
2.1 Airtasker provides the Airtasker Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.
2.2 Airtasker 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 absolute discretion, Airtasker may refuse to allow any person to register or create an account with Airtasker or cancel or suspend any existing account.
2.5 Registering and creating an account with Airtasker is free. There is no charge for a Job Poster to post tasks, or for other Airtasker Users to review content on the Airtasker Platform, including Posted Tasks.
2.6 Airtasker accepts no liability for any aspect of the Job Poster and Airtasker Worker interaction, including but not limited to the description, performance or delivery of Services.
2.7 Airtasker 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 Airtasker Workers 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.
2.8 Except for liability in relation to any Non-excludable Condition, the Airtasker 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.
2.9 Airtasker has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve User experience.
3.1 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 Airtasker Platform;
(c) promptly and efficiently perform obligations to other User under a Task Contract; and
(d) ensure that You are aware of any laws that apply to You as a Job Poster or Airtasker Worker, or in relation to using the Airtasker Platform.
3.2 You agree that any content (whether provided by Airtasker, a User or a third party) on the Airtasker Platform may not be used on third party sites or for other business purposes without Airtasker's prior permission.
3.3 You must not use the Airtasker Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Airtasker account and must not deal your account in any way, including by 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 Airtasker an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Airtasker Platform for the purpose of publishing material on the Airtasker Platform and as otherwise may be required to provide the Airtasker Service, for the general promotion of the Airtasker Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Airtasker Platform must not, in any way whatsoever, be potentially or actually harmful to Airtasker or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Airtasker.
3.7 Without limiting any provision of this Agreement, any information You supply to Airtasker or publish in a Posted Task 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 Airtasker's 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 Airtasker 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 Airtasker Platform may from time to time engage location-based or map-based functionality. The Airtasker Platform may display the location of Job Posters and Airtasker Workers to persons browsing the Airtasker Platform. Each Job Poster will be asked to provide the street and suburb where the Services are to be delivered. A Job Poster should never disclose personal details such as the Job Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the Airtasker Platform.
3.9 If You are an Airtasker Worker, You must have the right to provide Services under a Task Contract and to work in Australia. You must comply with tax and regulatory obligations in relation to any payment (including a Worker Payment) received under a Task Contract.
3.10 Airtasker Workers must provide Services to Job Posters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
3.11 You must not, when supplying Services, charge a Job Poster Fees on top of the Worker Payment.
3.12 You must not request payments outside of the Airtasker Platform from the Job Poster except to the extent permitted by clause 3.13 and only if the Airtasker Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.
3.13 If an Airtasker Worker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Airtasker Worker is solely responsible for obtaining any reimbursement from the Job Poster. Airtasker advises Airtasker Workers not to agree to incur costs in advance of the Task Payment unless the Airtasker Worker is confident the Job Poster will reimburse the costs promptly.
3.14 If Airtasker determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Airtasker Service or cancel or suspend Your account and/or any Task Contracts.
4.1 Upon the creation of a Task Contract, the Users owe Airtasker the Fees. Fees will automatically be deducted from the Task Payment held in the Escrow Account.
4.2 If the Posted Task requires an Airtasker Worker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.
4.4 Airtasker may from time to time change the Fees and the terms applying to their payment. Any change relating to the Fees is effective fourteen (14) days after Airtasker notifies You of that change by sending a message to your Airtasker account, or by notifying You the next time you login to the Airtasker Platform.
4.5 Airtasker may choose to temporarily modify the Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to Your account.
4.6 All Fees and charges payable to Airtasker are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
4.7 If Airtasker introduces a new service on the Airtasker Platform, the Fees applying to that service will be payable as from the launch of the service.
(a) the Job Poster and the Airtasker Worker mutually agree to cancel the Task Contract; or
(b) following reasonable attempts by a Job Poster to contact an Airtasker Worker to perform the Task Contract, the Task Contract is cancelled;
then Airtasker will pay the Worker Payment held in the Escrow Account to the Job Poster. Airtasker may also pay to the account of the Job Poster, on behalf of the Airtasker Worker, an additional amount equivalent to the Fees collected in connection with the Task Contract.
5.2 Any amount paid by Airtasker on behalf of an Airtasker Worker under clause 5.1 will be a debt owed by the Airtasker Worker to Airtasker.
5.3 If, for any reason, a Worker Payment cannot be transferred or otherwise made to the Airtasker Worker or returned to the Job Poster (as the case may be) or no claim is otherwise made for a Worker Payment, the Worker Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the Job Poster initially paid the Task Payment into the Escrow Account.
5.4 Following the 3 months referred to in clause 5.3, and provided there is still no dispute in respect of the Worker Payment, the Worker Payment will be automatically converted to a Stored Value Card and credited to the Job Poster.
6.1 Stored Value Cards:
(a) can be used by the credited User to pay for any new Services via the Airtasker Platform;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded;
(d) are valid for 12 months from the last date the Airtasker credit is topped-up, the date of issue or purchase or any expiry date applied by Airtasker;
(e) may also be subject to additional, or different, terms and conditions, as specified in relation to a Stored Value Card, such as a restriction on the when the Stored Value Card is redeemable (for example only for a User's first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Airtasker's prior written permission.
6.2 The User credited with a Stored Value Card is solely responsible for the security of any Stored Value Card. Airtasker will have no liability for any loss or damage to the Stored Value Card and does not have any obligation to replace a Stored Value Card.
6.3 Airtasker will not accept, and may refuse or cancel, any Stored Value Cards, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Airtasker reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value Cards, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
6.4 Airtasker is entitled to any value on a Stored Value Card which is not redeemed before the Stored Value Card expires or is cancelled by Airtasker.
7.1 Airtasker may enter into agreements with Business Partners and may seek to engage Airtasker Workers in the provision of Business Services. Airtasker Workers who agree to perform Business Services for Business Partners acknowledge and agree that Airtasker and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Airtasker Workers providing Business Services to be approved or hold particular qualifications. Airtasker may assist Business Partners to locate suitably qualified Airtasker Workers. Airtasker makes no warranty that it will promote any or all suitably qualified Airtasker Workers to Business Partners.
7.3 Business Partners may require Airtasker Workers to enter into a Business Partner Contract before providing Business Services.
7.4 Where an Airtasker Worker accepts a Posted Task with a Business Partner:
(a) the Airtasker Worker must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8.1 Airtasker may use an Escrow Provider to operate the Escrow Account.
8.2 In so far as it is relevant to the provision of the Escrow Account, the terms at https://assemblypayments.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
9.1 Airtasker may from time to time include Third Party Services on the Airtasker Platform. These Third Party Services are not provided by Airtasker.
9.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Airtasker Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 Airtasker makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Airtasker Platform, Users may inform Airtasker of their Third Party Service experience here.
10.1 Airtasker may use Identity Verification Services.
10.2 You agree that Airtasker Identity Verification Services may not be fully accurate as all Airtasker Services are dependent on User-supplied information and/or information or verification services provided by third parties.
10.3 You are solely responsible for identity verification and Airtasker accepts no responsibility for any use that is made of an Airtasker Identity Verification Service.
10.4 Airtasker Identity Verification Services may be modified at any time.
10.5 The Airtasker Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 Airtasker may make Verification Icons available to Airtasker Workers. The available Verification Icons can be requested by the Airtasker Worker via the Airtasker Platform, and arranged on behalf of the Airtasker Worker and issued by Airtasker, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Airtasker Worker and determined by Airtasker or a third party verifier subject to its terms. It remains the Airtasker Worker's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Airtasker immediately if a Verification Icon is no longer valid.
10.7 Airtasker may, at its discretion, issue Airtasker Badges to Airtasker Workers for a fee.
10.8 The issue of a Verification Icon or Airtasker Badge to an Airtasker Worker remains in the control of Airtasker and the display and use of a Verification Icon or Airtasker Badge is licensed to the Airtasker Worker for use on the Airtasker Platform only. Any verification obtained as a result of the issue of a Verification Icon or Airtasker Badge may not be used for any other purpose outside of the Airtasker Platform.
10.9 Airtasker retains the discretion and right to not issue, or remove without notice, a Verification Icon or Airtasker Badge if You are in breach of any of the terms of this Agreement, the Verification Icon or Airtasker Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Airtasker.
11.1 Airtasker may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be available at the Airtasker website when they are available. Airtasker confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
11.2 Airtasker does not represent that any insurance offered via the Airtasker 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.
11.3 Airtasker, may also take out some accidental property and injury insurance itself and that insurance may extend cover Airtasker Workers for certain types of work. You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by an Airtasker Worker, and the insurance taken out by Airtasker (if any) responds to that claim then this clause applies. If a claim is made against an Airtasker Worker, Airtasker may elect to make a claim under such policy and if the claim is successful, Airtasker reserves its right to recover any excess or deductible payable in respect of the claim from the Airtasker Worker. Where Airtasker makes a claim and the insurer assesses that the Airtasker Worker is responsible, Airtasker is entitled to rely on that assessment. If you do not pay any excess due under this clause, Airtasker may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to the Airtasker Worker.
11.4 The Airtasker Worker acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by an Airtasker Worker, and the insurance taken out by Airtasker (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Airtasker may elect to pay an amount to settle the claim. To the extent that the Airtasker Worker was or would be liable for the amount of the claim, the amount paid by Airtasker may be recovered by Airtasker from the Airtasker Worker. Airtasker may also elect to set this amount off against future moneys it may owe to the Airtasker Worker.
12.1 You can complain about any comment made on the Airtasker Platform using the 'Report' function of the Airtasker Platform or contact Airtasker via the Airtasker Platform.
12.1 Airtasker is entitled to suspend or terminate Your account at any time if Airtasker, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Airtasker Users.
13.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law Airtasker 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 Posters and Airtasker Workers.
13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Airtasker 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 Airtasker Platform.
13.3 Except for liability in relation to a breach of any Non-excludable Condition, Airtasker's liability to any User of the Airtasker Service is limited to the total amount of payment made by that User to Airtasker during the twelve month period prior to any incident causing liability of Airtasker, or $50, whichever is greater.
13.4 Airtasker'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.
15.1 Airtasker may modify this Agreement or the Policies (and update the Airtasker pages on which they are displayed) from time to time. Airtasker will send notification of such modifications to Your Airtasker account or advise You the next time You login.
15.2 When You actively agree to the terms (for example, by clicking a button saying "I accept") or use the Airtasker Platform in any manner, including engaging in any acts in connection with a Task Contract, the modified 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.
15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must notify Airtasker who will terminate your Airtasker account, and stop using the Airtasker Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Airtasker Policy cannot be amended except in writing signed by You and Airtasker.
17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Airtasker's contact address as displayed on the Airtasker Platform, or to Airtasker 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 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 Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
17.2 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.
18.1 Airtasker encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Airtasker may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
18.2 Airtasker may provide access to a 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. Terms and conditions for the Third Party Dispute Service are located at https://assemblypayments.com. Airtasker confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
18.3 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.
18.4 Airtasker has the right to hold any Task Payment the subject of a dispute in the Escrow Account, until the dispute has been resolved.
18.5 If You have a complaint about the Airtasker Service please contact us here
18.6 If Airtasker provides information of other Airtasker 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 Airtasker against any claims relating to any other use of information not permitted by this Agreement.
19.1 Either You or Airtasker may terminate your account and this Agreement at any time for any reason.
19.2 Termination of this Agreement does not affect any Task Contract that has been formed between Airtasker Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Task Payment as applicable.
19.3 Third Party Services are subject to Third Party Service provider terms and conditions.
19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (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.
19.5 If Your account or this Agreement are terminated for any reason then You may not without Airtasker's consent (in its absolute discretion) create any further accounts with Airtasker and we may terminate any other accounts You operate.
20.1 This Agreement is governed by the laws of New South Wales, Australia. You and Airtasker submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
20.2 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.
20.3 This Agreement may be assigned or novated by Airtasker to a third party without your consent. In the event of an assignment or novation User will remain bound by this Agreement.
20.4 This Agreement sets out the entire understanding and agreement between User and Airtasker with respect to its subject matter.
Revised March 2017 copyright Airtasker 2017
The terms used in this Task Contract have the meaning set out in the Airtasker Glossary. A Task Contract is created in accordance with the Airtasker Agreement. The Job Poster and the Airtasker Worker enter into this Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 This Task Contract is created when the Job Poster accepts the Airtasker Worker's Offer on a Posted Task to provide Services.
1.2 This Contract will continue until terminated in accordance with clause 7.
2.1 The Airtasker Worker will perform Services in a proper and workmanlike manner.
2.2 The Airtasker Worker must perform the Services at the time and location agreed.
3.1 Each party warrants that the information provided in the creation of this Task Contract is true and accurate.
3.2 The Airtasker Worker warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
3.3 The parties incorporate the Consumer Guarantees into this Task Contract, even if they are not already incorporated by law.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of this Task Contract, the Job Poster must pay the Task Payment into the Escrow Account.
4.2 Upon the Services being completed, the Airtasker Worker will provide notice on the Airtasker Platform.
4.3 The Job Poster will be prompted to confirm the Services are complete. If the Airtasker has completed the Services in accordance with clause 2, the Job Poster must use the Airtasker Platform to release the Worker Payment from the Escrow Account.
4.4 If the parties agree to cancel this Task Contract, or the Job Poster is unable to contact the Airtasker Worker to perform the Task Contract, the Worker Payment will be dealt with in accordance with the User Agreement.
5 LIMITATION OF LIABILITY
5.1 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 this Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Task Payment.
6.1 If a dispute arising between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party refer the dispute to the Third Party Dispute Service and act in accordance with the Third Party Dispute Service's terms and conditions.
7 TERMINATION OF CONTRACT
This Task Contract will terminate when:
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
This Task Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.
Revised March 2017 copyright Airtasker 2017
"ACL" means the Australian Consumer Law.
"Agreement" means the most updated version of the agreement between Airtasker and a User.
"Airtasker" "we" "us" "our" means Airtasker Pty Ltd ACN 149 850 457.
"Airtasker Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Airtasker.
"Airtasker Platform" means the Airtasker website at http://www.airtasker.com/, Airtasker smartphone app, and any other affiliated platform that may be introduced from time to time.
"Airtasker Services" means the service of providing the Airtasker Platform.
"Airtasker Worker" means a User who provides Services to Job Posters.
"Business Partner Contract" means a contract between a Business Partner and an Airtasker Worker to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Airtasker to acquire Business Services.
"Business Services" means Services provided by an Airtasker Worker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL.
"Escrow Account" means the escrow account.
"Escrow Provider" means an entity that manages the Escrow Account.
"Fees" means all fees payable to Airtasker by Users including the Service Fee.
"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Airtasker Badges and Verification Icons.
"Job Poster" means a User that posts on the Airtasker Platform in search of particular Services.
"Marketing Material" means any updates, news and special offers in relation to Airtasker or its Third Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by an Airtasker Worker in response to a Posted Task to perform the Services.
"Posted Task" means the Job Poster's request for Services, and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Airtasker Platform endorsing that User.
"Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
"Service Fee" means the fee payable by the Airtasker Worker as consideration for Airtasker connecting the Airtasker Worker with the Job Poster, being fifteen (15) percent of the Task Payment.
"Site" means the website at http://www.airtasker.com/.
"Stored Value Card" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Airtasker Platform.
"Take Down Notice" means any such request for Airtasker to remove content on the Airtasker Platform due to a claim of copyright infringement.
"Task Contract" means the separate contract which is formed between a Job Poster and an Airtasker Worker for Services, the terms of which is including in Appendix A to the Agreement.
"Task Payment" means the payment into the Escrow Account made by the Job Poster at the agreed price for Services (including any variation) but does not include any costs incurred by the Airtasker Worker when completing Services which the Job Poster agrees to reimburse.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Airtasker Platform from time to time.
"User" means the person who has signed up to use the Airtasker Platform, whether as the Job Poster, Airtasker Worker, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Airtasker Platform to confirm details internally verified by Airtasker such as a User's qualification, license, certificate or other skill.
"Worker Payment" means the Task Payment less any Fees.
In the Airtasker Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to A$, $A, dollar or $ is to Australian currency;
(e) a reference to time is to the time in New South Wales, Australia;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised March 2017 copyright Airtasker 2017