Terms & Conditions
Terms & Conditions: HomeBod App
HomeBod Pty Limited ACN 610 167 096 (“HomeBod”, “we” or “us”) operates an online platform (“HomeBod Services”) allowing users (“User” or “You”) to connect and perform business and personal services and outsource tasks through HomeBod’s platform including through our website at https://www.HomeBod.com.au/, the HomeBod iPhone application or HomeBod Android application or any other platform we may introduce in the future (“HomeBod Platform”).
Use of the HomeBod Platform or use of the HomeBod Services confirms that You agree to be bound by this Agreement.
1. SCOPE OF HOMEBOD SERVICE
1.1. HomeBod provides a platform for connecting people who have tasks that need doing (“Householders”) with those willing to do the job or provide the item (“HomeBod Workers”).
1.2. A reference to User in this agreement includes Householders, HomeBod Workers and any other person that visits or views the HomeBod Platform.
1.4. HomeBod provides the platform only. Apart from enabling a Householder to find a HomeBod Worker to provide a particular service, HomeBod accepts no liability for any aspect of the Householder and HomeBod Worker interaction, including but not limited to the services offered and the performance of services. HomeBod has no obligation to any User to assist or involve itself in any way in any dispute between a Householder and a HomeBod Worker.
1.5. All information related to services to be performed is supplied by HomeBod Users. Unless expressly stated to the contrary, HomeBod does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the HomeBod Platform.
1.6. You expressly agree that HomeBod has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all HomeBod Workers and Householders), including, but not limited to, the ability of HomeBod Workers to perform tasks or supply items, or the honesty or accuracy of any information provided by Householders or the Householders’ ability to pay for the services requested.
2. HOMEBOD SERVICE DESCRIPTION
2.1. The HomeBod Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the HomeBod Service may be separately described on the HomeBod Platform.
1.3. A Householder creates an account with HomeBod by validly completing a registration form on the HomeBod Platform, including providing valid credit card details. Householders must ensure that his/her registered credit card details are valid at all times when using the HomeBod Platform.
2.2. A Householder with a requirement for a service to be provided (1) creates an account with HomeBod and (2) then selects the required service (“Service Request”) by selecting from a list of standard services and completing the required information (“Standard Job”). Service Requests are subject to further terms set out in clause 11 Service Requests.
2.3. A HomeBod Worker will be registered on the HomeBod Platform by applying for an account with HomeBod, satisfactorily completing HomeBod’s screening process, which includes criminal history and background checks and insurance verification. A HomeBod Worker will be allocated specific territory locations for Service Requests at HomeBod’s discretion and will review Service Requests uploaded by Householders for the HomeBod Worker’s allocated location.
2.4. If a HomeBod Worker desires to provide services to a Householder, the HomeBod Worker must accept the Service Request by using the functionality on the HomeBod Platform. By accepting a Service Request the HomeBod Worker confirms that s/he is legally entitled to and capable of performing services described in the Service Request. Offers are subject to further terms set out in clause 11 Service Requests.
2.5. A Householder may cancel a Service Request after it has been published on the HomeBod Platform in accordance with the process on the HomeBod Platform.
2.6. Once a HomeBod Worker has accepted a Service Request, the Householder and the HomeBod Worker will be deemed to have entered into a separate contract under which the Householder agrees to purchase, and the HomeBod Worker agrees to provide the Householder with the services (“Service Contract”). The HomeBod Worker may assign a Service Request or a Service Contract to another HomeBod Worker, to perform the services under the Services Contract, and this will be notified to the Householder in the event that this occurs.
2.7. The terms of the Service Contract incorporate the terms of this Agreement (to the extent they apply to the Householder and the HomeBod Worker) and any additional terms and conditions agreed between the Householder and the HomeBod Worker, including the description of the services to be provided. You agree not to enter into any contractual provisions in a Service Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Service Contract take priority over any other terms agreed between a Householder and a HomeBod Worker in the Service Contract to the extent of any inconsistency.
2.8. The HomeBod Worker must provide the services to the Householder in accordance with the Service Contract, unless the services 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.
2.9. Once a HomeBod Worker has provided the services requested by a Householder in accordance with the Service Contract, the HomeBod Worker must provide notice that the task is complete by using the HomeBod Platform functionality. It will be material breach of this Agreement and the Service Contract if a HomeBod Worker provides notice that a task is complete for a particular Service Request without having provided the relevant services.
2.10. Once a HomeBod Worker has provided the relevant services in accordance with the Service Contract and has provided notice that the task is complete relating to a particular Service Request, the Householder agrees and consents for HomeBod debit the agreed price under the Service Contract from the Householder’s registered credit card details. It will be material breach of this Agreement and the Service Contract if, after a HomeBod Worker has provide the relevant services in accordance with the Service Contract and provided notice that a task is complete for a particular Service Request, the Householder does not pay the agreed price.
2.11. Amounts debited by HomeBod under clause 2.10 will be paid to the HomeBod Worker after the deduction of the relevant fees set out in the Homebod Fees Schedule and describe in Fees below (“HomeBod Fees”). Payment of amounts to the HomeBod Worker will be made on a weekly basis in arrears or as otherwise agreed with the HomeBod Worker.
2.12. Once the task for a Service Request is completed, the Householder is strongly encouraged to complete an HomeBod service review using any feedback features on the HomeBod Platform. HomeBod will, from time to time, contact Householders to complete a HomeBod service review.
2.13. The HomeBod Platform may from time to time include location/ map-based functionality. The HomeBod Platform may display the location of Householders and HomeBod Workers to persons browsing the HomeBod Platform. Each Householder will be asked to provide the street and suburb where the task is to be performed.
3.1. Where a Householder pays an agreed price for services in respect of a Service Request (“Service Payment”) that Service Payment will be used to pay the HomeBod Worker and HomeBod in accordance with this Agreement.
4. PAYMENT FACILITY
4.1. HomeBod may use a related entity or a third party service provider to provide payment services acting as a payment facilitator on behalf of the Householder and HomeBod Worker (“Payment Provider”).
5. THIRD PARTY SERVICES
5.1. HomeBod may from time to time include on the HomeBod Platform promotions for and links to goods and services offered by third parties or HomeBod Worker may recommend goods or services of a third party (“Third Party Services”). These Third Party Services are not provided by HomeBod. The Householder acknowledges that these Third Party Services are arrangements directly with the third party provider and HomeBod does not take any responsibility or liability for the Third Party Services performed.
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 HomeBod 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. HomeBod makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our HomeBod Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at support.HomeBod.com.
6. INSURANCE AND INDEMNITY
6.1. Each HomeBod Worker must make its own enquiries about whether any insurance (such as workers compensation insurance) is required for a Service Contract.
6.2. The HomeBod Worker acknowledges and agrees that in the event that a Householder makes a claim relating to any services performed, this is the sole responsibility and liability of the HomeBod Worker and HomeBod does not take any responsibility for the claim.
6.3 The HomeBod Worker agrees to indemnify HomeBod for any damages, loss, costs or expenses incurred as a result of a claim made against HomeBod which relates to services performed by the HomeBod worker.
7. ELIGIBILITY TO REGISTER
7.1. A HomeBod account can only be created in the name of an individual.
7.2. To create and account and use the HomeBod Services You must be able to form legally binding contracts under applicable law. HomeBod Services are not available to persons under 18 years of age. If You do not qualify to use the HomeBod Services, You must not use the HomeBod Services. If You are registering as a HomeBod Worker, You will be required to provide background and qualification information as part of our screening process and only be registered if You meet our screening requirements.
7.3. While You are registered with HomeBod You must maintain control of your HomeBod account. You may not deal with your account (including feedback and associated UserID) 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).
7.4. At its absolute discretion, HomeBod may refuse to allow any person to register or create an account with HomeBod or cancel or suspend any existing account.
8. USER’S OBLIGATIONS
8.1. You agree that at all times:
- You will comply with this Agreement (including all HomeBod Policies and HomeBod’s code of conduct if you are a HomeBod Worker) and all applicable laws and regulations;
- You will post only accurate information on the HomeBod Platform;
- You will promptly and efficiently perform all your obligations to other HomeBod Users under a Service Contract and to HomeBod under this Agreement;
- all content (whether provided by HomeBod, a User or a third party) on the HomeBod Platform may not be used on third party sites or for other business purposes without HomeBod’s prior permission; and
- You will ensure that You are aware of any laws that apply to You as a Householder or a HomeBod Worker, or in relation to any other way(s) that You use the HomeBod Platform.
8.2. You must not use the HomeBod Platform for any illegal or immoral purpose.
8.3. You grant to HomeBod an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the HomeBod Platform for the purpose of including that material and information on the HomeBod Platform and as otherwise may be required to provide the HomeBod Service, for the general promotion of the HomeBod Service and as permitted by this Agreement.
8.4. Any information posted on HomeBod Platform must not, in any way whatsoever, be potentially or actually harmful to HomeBod or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by HomeBod. Without limiting any provision of this Agreement, any information You supply to HomeBod must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- be fraudulent or involve the sale of counterfeit or stolen items;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- 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);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in HomeBod’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any HomeBod 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.
8.5. You must have the right to provide services under a Service Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a Service Contract,
8.6. When You enter into a Service Contract using the HomeBod Platform You create a legally binding contract with another User, unless the transaction is prohibited by law or by this Agreement (including the HomeBod Policies). If You do not comply with your obligations to another User under a Service Contract, You may become liable to that other User. If another User breaches any obligation to You, You – not HomeBod – are responsible for enforcing any rights that You may have with that User.
8.7. If HomeBod determines at its sole discretion that You have breached any obligation under this clause 9, it reserves the rights to remove any content, Service Request or Offer You have submitted to the HomeBod Service or cancel or suspend Your account.
9.1. Registering and creating and account with HomeBod is free.
9.2. HomeBod Workers agree that the HomeBod Fee will be deducted from the agreed fee and paid to HomeBod (or its nominee), which are inclusive of GST, for all Service Contracts.
9.3. The HomeBod Fee is equal to forty per cent (40%) of the amount payable under the Service Contract. The HomeBod Fees will be deducted and paid to HomeBod when the agreed price under a Service Contract paid by Householder.
9.4. If a HomeBod Worker agrees to pay some of the costs as part of completing a task, HomeBod Worker is solely responsible for having those costs reimbursed by the Householder. HomeBod will not be responsible for obtaining any reimbursement from a Householder. We advise HomeBod Workers not to agree to incur any costs for a Householder in advance of payment by the Householder, unless the HomeBod Worker is confident that the Householder will reimburse the costs promptly.
9.5. HomeBod may from time to time change the HomeBod Fees and the terms applying to their payment. Any change relating to the HomeBod Fees is effective fourteen (14) days after HomeBod notifies You of that change by sending a message to your HomeBod account.
9.6. HomeBod may choose to temporarily modify the HomeBod Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your HomeBod account.
9.7. All fees and charges payable to HomeBod are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
9.8. If HomeBod introduces a new service on the HomeBod Platform, the fees applying to that service will be payable as from the launch of the service and will also be “HomeBod Fees” under this Agreement.
10. SERVICE REQUESTS
10.1. A Service Request Jobs must include the following details in order to be accepted by HomeBod:
- Deadline for completion: date and time for completion;
- Description: directions and key information for the HomeBod Worker to perform the service.
- Request HomeBod Worker: by hitting Request HomeBod button on the HomeBod Platform Householder accepts the price quoted by the system for Standard Jobs.
- Accepting: by accepting the Service Request the HomeBod Representative is agreeing to complete the task for the set price in accordance with the information provided in the Service Request.
10.2. HomeBod Fees do not include any fees that may be due to third party providers. All fees due to third party providers must be paid pursuant to your separate agreement with the third party service provider.
10.3. By accepting a Service Request, an HomeBod Worker agrees to provide the relevant services within the timeframe and on the terms and conditions specified in the Service Request (unless the HomeBod Worker and the Householder agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the HomeBod Worker must provide the services in accordance with the agreed timeframe and terms and conditions).
10.4. Once a HomeBod Worker accepts a Service Request in accordance with clause 2.4, no further negotiations are permitted on the HomeBod Platform in relation to the provision of the relevant services. If, after the Householder accepts an offer from a HomeBod Worker, the HomeBod Worker and Householder wish to negotiate on price or timeframe for completion, those negotiations (and the resolution of any disputes) must be done outside the HomeBod Platform.
10.5. Householders may withdraw any Service Request at any time prior to accepting an Offer from a HomeBod Worker in accordance with clause 2.5.
10.8. A HomeBod Worker has no obligation whatsoever to accept a Service Request.
11.1. HomeBod is entitled to suspend or terminate a User account at any time if HomeBod, in its sole and absolute discretion, is concerned by any feedback about a User, or considers the User’s feedback rating to be problematic for other Users.
11.2. Users are encouraged to use the Feedback function on the HomeBod Platform at any time to provide information about how the service could be improved.
12. LIMITATION OF LIABILITY
12.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), 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 HomeBod 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 Householders and HomeBod Workers.
12.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, HomeBod 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 provider who may be included from time to time on the HomeBod Platform.
12.3. Except for liability in relation to a breach of any Non-excludable Condition, HomeBod’s liability to any User of this service is limited to the total amount of fees paid by that User to HomeBod during the twelve month period prior to any incident causing liability of HomeBod.
12.4. HomeBod’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.
13. DEFAULT IN TRANSACTIONS
13.1. If You, as a HomeBod Worker or Householder, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to HomeBod’s rights under this Agreement (including any HomeBod Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of your obligations to both HomeBod and the HomeBod Worker or Householder with whom You are transacting under a Service Contract.
15. NO WARRANTY
15.1. Except for liability in relation to any Non-excludable Condition, the HomeBod 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.
16. MODIFICATIONS TO THE AGREEMENT
16.1. HomeBod may modify this Agreement and/ or the Policies (and update the HomeBod pages on which they are displayed) from time to time. HomeBod will send notification of such modifications to your HomeBod account. You should check that account regularly.
16.2. 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 HomeBod 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.
16.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your HomeBod account and stop using the HomeBod Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any HomeBod Policy cannot be amended except in writing signed by You and HomeBod.
17. NO AGENCY
17.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind HomeBod, its related entities or affiliates in any way whatsoever. HomeBod confirms that all Third Party Services that may be promoted on the HomeBod service are provided solely by such Third Party Service providers. To the extent permitted by law, HomeBod 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.
18.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to HomeBod’s contact address as displayed on the HomeBod Platform, or to HomeBod Users’ contact address as provided at registration. Any notice shall be deemed given:
- if sent by email, 24 hours after email is sent, unless the Householder is notified that the email address is invalid or the email is undeliverable, and
- 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.
19. MEDIATION AND DISPUTE RESOLUTION
19.1. HomeBod encourages You to try and resolve disputes (including claims for returns or refunds) with other HomeBod Users directly. Accordingly, You acknowledge and agree that HomeBod may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
19.3. HomeBod has the right to hold any Service Payment the subject of a dispute in escrow, until the dispute has been resolved.
19.4. If You have a complaint about the HomeBod Service please contact us at support@HomeBod.com.au.
19.5. If HomeBod provides information of other HomeBod 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 HomeBod against any claims relating to any other use of information not permitted by this Agreement.
20.1. Either party may terminate an account and this Agreement at any time for any reason.
20.2. Termination of this Agreement does not affect any Service Contract that has been formed between HomeBod Users. If You have entered a Service Contract You must comply with the terms of that Service Contract including providing the services or paying the price as applicable.
20.3. Sections 9 (Fees), 12 (Limitation of Liability), and 19 (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.
21.1. This Agreement is governed by the laws of New South Wales, Australia. You and HomeBod submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
21.2. 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.
21.3. This Agreement may be assigned or novated by HomeBod to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
21.4. This Agreement sets out the entire understanding and agreement between You and HomeBod with respect to its subject matter.
Updated January 2017 © HomeBod Pty Ltd 2017