Terms and Conditions
Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.
The Airtasker terms & conditions (updated March 2018) outline Airtasker's and Your obligations and responsibilities on the Airtasker Platform. In this update to our Terms and Conditions, Airtasker has updated information regarding User obligations, Fees and dispute resolution functions. Airtasker has also clarified the payment of cancellation fees for Users that cancel Task Contracts.
User Agreement: www.airtasker.com
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. SCOPE OF AIRTASKER SERVICES
- 1.1 Airtasker provides the Airtasker Platform to enable Posters to publish Posted Tasks.
- 1.2 Taskers may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
- 1.3 A 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 Poster accepts an Offer on the Airtasker Platform, a Task Contract is created between the Tasker and the Poster.
- 1.5 Upon creation of a Task Contract, the Poster must pay the Agreed Price into the Escrow Account.
- 1.6 Upon creation of the Task Contract, Airtasker has rendered Airtasker Services and the Service Fee is due and payable.
- 1.7 Once the Task Contract is created, the Tasker and Poster may vary the Task Contract on the Airtasker Platform. The Poster and Tasker are encouraged to use Airtasker's private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
- 1.8 The Tasker must perform the Services required under the Task Contract, including in accordance with any additional terms or conditions agreed by the parties.
- 1.9 Once the Services are complete, the Tasker must provide notice of that on the Airtasker Platform.
- 1.10 Once the Services are complete, the Poster must provide notice of that on the Airtasker Platform.
- 1.11 Once the Posted Task has been completed and the Poster confirms the Services are completed, or if Airtasker is satisfied the Services have been completed, the Tasker Funds 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 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 Tasker for the Posted Task.
2. AIRTASKER'S ROLE AND OBLIGATIONS
- 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 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 Poster and Tasker 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 Taskers to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the 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.
- 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. USER OBLIGATIONS
3.1 You will at all times:
- (a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
- (b) only post accurate information on the 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 Poster or Tasker, 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 (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in 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 Posters and Taskers to persons browsing the Airtasker Platform. Each Poster will be asked to provide the street and suburb where the Services are to be delivered. A Poster should never disclose personal details such as the 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 a Tasker, 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 Tasker Funds) received under a Task Contract.
3.10 Taskers must provide Services to 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 or by any of our Policies.
3.11 You must not, when supplying Services, charge a Poster any fees on top of the Tasker Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Airtasker Platform.
3.12 You must not request payments outside of the Airtasker Platform from the 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 a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Poster. Airtasker advises Taskers not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the 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 Tasker owes Airtasker the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Escrow Account.
- 4.2 If the Posted Task requires a Tasker 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 All Fees and charges payable to Airtasker are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
- 4.5 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.
- 4.6 Airtasker may set-off any Fees against any Tasker Funds or other amounts held by Airtasker on behalf of a User.
- 4.7 Airtasker may restrict a User's account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
(a) the Poster and the Tasker mutually agree to cancel the Task Contract; or
(b) following reasonable attempts by a Poster to contact a Tasker to perform the Task Contract, the Task Contract is cancelled;
- (c) Airtasker is satisfied that the Agreed Price should be returned to the Poster,
then, subject to clause 5.3, Airtasker will pay the Tasker Funds held in the Escrow Account to the Poster. Airtasker may also pay to the account of the Poster, on behalf of the Tasker, an additional amount up to the value of the Service Fee collected in connection with the Task Contract.
- 5.2 Any amount paid by Airtasker on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to Airtasker.
- 5.3 If a Task Contract is cancelled:
- (a) Airtasker will retain the Service Fee in accordance with clause 4.1; and
- (b) the cancellation will be attributed to the Tasker unless the Tasker can provide evidence to Airtasker's satisfaction (in its sole opinion) that the Poster caused the cancellation of the Task Contract.
If cancelled by the Poster (as determined by this clause), the Poster must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Tasker under the relevant Task Contract (which will not exceed 22% of the Agreed Price). Airtasker may agree to refund the Service Fee to the Tasker.
- 5.4 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- 5.5 Following resolution of a cancelled Task Contact in accordance with clause 5.1, Airtasker may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Poster.
- 5.6 If, for any reason, the Tasker Funds cannot be transferred or otherwise made to the Tasker or returned to the Poster (as the case may be) or no claim is otherwise made for the Tasker Funds, the Tasker Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Escrow Account.
- 5.7 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be automatically converted to Stored Value and credited to the Poster.
6. STORED VALUE
- 6.1 Stored Value :
- (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 (subject to any contrary specific jurisdictional legislative requirements);
- (e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on the when the Stored Value 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 is solely responsible for the security of any Stored Value. Airtasker will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
- 6.3 Airtasker will not accept, and may refuse or cancel, any Stored Value, 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, 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 Stored Value which is not redeemed before the Stored Value expires or is cancelled by Airtasker.
7. BUSINESS PARTNERS
- 7.1 Airtasker may enter into agreements with Business Partners and may seek to engage Taskers in the provision of Business Services. Taskers 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 Taskers providing Business Services to be approved or hold particular qualifications. Airtasker may assist Business Partners to locate suitably qualified Taskers. Airtasker makes no warranty that it will promote any or all suitably qualified Taskers to Business Partners.
- 7.3 Business Partners may require Taskers to enter into a Business Partner Contract before providing Business Services.
- 7.4 Where a Tasker accepts a Posted Task with a Business Partner:
- (a) the Tasker 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. PAYMENT FACILITY
- 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.
- 8.3 If Airtasker changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
9. THIRD PARTY SERVICES
- 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. VERIFICATION & BADGES
- 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 Badges available to Taskers. The available Badge can be requested by the Tasker via the Airtasker Platform, and arranged on behalf of the Tasker and issued by Airtasker, for a fee. Obtaining Badges may be subject to the provision of certain information or documentation by the Tasker and determined by Airtasker or a third party verifier subject to its terms.
- 10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Tasker prior to commencing the task.
- 10.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Airtasker immediately if a Badge is no longer valid.
- 10.9 Airtasker may, at its discretion, issue Badges to Taskers for a fee.
- 10.10 The issue of a Badge to a Tasker remains in the control of Airtasker and the display and use of a Badge is licensed to the Tasker for use on the Airtasker Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Airtasker Platform.
- 10.11 Airtasker retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the 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 displayed on 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 it acquires or which is 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 is required.
- 11.3 Airtasker may also take out other insurance itself and that insurance may at Airtasker's option extend some types of cover to Users. Airtasker reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the Airtasker website and the policy details can be requested via Airtasker. Users are responsible for familiarising themselves with these details.
- 11.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Airtasker (if any) responds to that claim then this clause applies. If a claim is made against a Tasker, Airtasker may elect to make a claim under any applicable 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 Tasker. Where Airtasker makes a claim and the insurer assesses that the Tasker 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 You.
- 11.5 The Tasker acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, 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 Tasker was or would be liable for the amount of the claim, the amount paid by Airtasker may be recovered by Airtasker from the Tasker. Airtasker may also elect to set this amount off against future moneys it may owe to the Tasker.
- 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.
- 12.2 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. LIMITATION OF LIABILITY
- 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 Posters and Taskers.
- 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, and to the extent permitted by law, Airtasker is not liable for any Consequential Loss arising out of or in any way connected with the Airtasker Services.
- 13.4 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.
- 13.5 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.
- 14.3 Airtasker will endeavour to permit you to transact anonymously on the Airtasker Platform. However in order to ensure Airtasker can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Airtasker reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
- 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 amended 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 amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- 15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Airtasker who will terminate Your Airtasker account, and stop using the Airtasker Service.
16. NO AGENCY
- 16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Airtasker, its related entities or affiliates in any way whatsoever. Airtasker confirms that all Third Party Services that may be promoted on the Airtasker Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Airtasker 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.
- 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 User is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia.
- 17.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.
18. MEDIATION AND DISPUTE RESOLUTION
- 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 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
- 18.3 Airtasker may elect to assist Users resolve disputes. Any User may refer a dispute to Airtasker. You must co-operate with any investigation undertaken by Airtasker. Airtasker reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or Airtasker's determination in an applicable court or tribunal.
- 18.4 Airtasker has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
- 18.5 Airtasker may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and 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.
- 18.6 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.
- 18.7 If You have a complaint about the Airtasker Service please contact us here.
- 18.8 If Airtasker provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will 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 Agreed Price 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 the User will remain bound by this Agreement.
- 20.4 This Agreement sets out the entire understanding and agreement between the User and Airtasker with respect to its subject matter.
Revised March 2018 copyright Airtasker 2018
MODEL TASK CONTRACT
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. Unless otherwise agreed, the Poster and the Tasker enter into a Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
- 1.1 The Task Contract is created when the Poster accepts the Tasker's Offer on a Posted Task to provide Services.
- 1.2 The Contract will continue until terminated in accordance with clause 7.
- 2.1 The Tasker will perform Services in a proper and workmanlike manner.
- 2.2 The Tasker must perform the Services at the time and location agreed.
- 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
- 3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
- 3.2 The Tasker 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 the Task Contract, even if they are not already incorporated by law.
4 PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Task Contract, the Poster must pay the Agreed Price into the Escrow Account.
- 4.2 Upon the Services being completed, the Tasker will provide notice on the Airtasker Platform.
- 4.3 The Poster will be prompted to confirm the Services are complete. If the Tasker has completed the Services in accordance with clause 2, the Poster must use the Airtasker Platform to release the Tasker Funds from the Escrow Account.
- 4.4 If the parties agree to cancel the Task Contract, or the Poster is unable to contact the Tasker to perform the Task Contract, the Tasker Funds will be dealt with in accordance with the User's Airtasker 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 the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
- 6.1 If a dispute arises 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 may refer the dispute to Airtasker and act in accordance with clause 18 of the Airtasker Agreement.
7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
- (a) the Services are completed and the Agreed Price is released from the Escrow Account;
- (b) a party is terminated or suspended from the Airtasker Platform, at the election of the other party;
- (c) otherwise agreed by the parties or the Third Party Dispute Service; or
- (d) notified by Airtasker in accordance with the party's Airtasker Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Task Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.
Revised March 2018 copyright Airtasker 2018
"ACL" means the Australian Consumer Law.
"Agreement" means the most updated version of the agreement between Airtasker and a User.
"Agreed Price" means agreed price for Services (including any variation) paid into the Escrow Account made by the Poster but does not include any costs incurred by the Tasker when completing Services which the Poster agrees to reimburse.
"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 Service" means the service of providing the Airtasker Platform.
"Badge" means an Airtasker Badge and Verification Icon.
"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.
"Business Partner Contract" means a contract between a Business Partner and a Tasker 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 a Tasker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Cancellation Admin Fee" means the Fee payable by a Poster for cancelling a Task Contract.
"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 (which may include Airtasker or its related bodies corporate).
"Fees" means all fees payable to Airtasker by Users including the Service Fee.
"Identity 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.
"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 a Tasker in response to a Posted Task to perform the Services.
"Poster" means a User that posts on the Airtasker Platform in search of particular Services.
"Posted Task" means the 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.
"Service Fee" means the fee payable by the Tasker to Airtasker as consideration for the Airtasker Services (and comprised as part of the Agreed Price) displayed to a Tasker prior to entering into each Task Contract.
"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.
"Site" means the website at http://www.airtasker.com/.
"Stored Value" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Airtasker Platform.
"Task Contract" means the separate contract which is formed between a Poster and a Tasker for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts.
"Tasker" means a User who provides Services to Posters.
"Tasker Funds" means the Agreed Price less the Service Fee.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Airtasker Platform from time to time.
"User" or "You" means the person who has signed up to use the Airtasker Platform, whether as the Poster, Tasker, 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 such as a User's qualification, license, certificate or other skill.
Rules of Interpretation:
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 2018 copyright Airtasker 2018