TERMS OF SERVICE
The Company provides the JAK digital platform to book tradespersons. Use of JAK is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
- ABN means Australian Business Number.
- ACN means Australian Company Number.
- Agreement means the agreement formed between the Users and the Company under, and on the terms of, this Terms of Service.
- Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
- Cancellation Fee means a Fee charged to a Customer for cancelling a Job Request.
- Company means Help Me 24/7 Pty Ltd ABN 81 607 137 244.
- Corporations Act means the Corporations Act 2001 (Cth).
- Customer means a registered user of JAK that books a Job.
- Deposit means a Fee charged to the Customer as a deposit against a Job Request, once the Tradesperson has confirmed the Job.
- Equipment & Materials means any equipment and materials necessary for a Job.
- GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
- JAK means:
- JAK web platform accessible from www.jakapp.com.au; and/or
- JAK mobile application available from the Apple® App Store®, Google Play® and other mobile application marketplaces.
- Job means any Trade services, goods and materials provided by a Tradesperson, subject to a booking made by a Customer via JAK.
- Job Fee means the price paid by the Customer for a Job, as published by the Company (within JAK) and/or agreed between the Customer and the Company from time-to-time.
- Job Request means a request for a Job made by a Customer via JAK.
- Location means the address of the Customer or other location where the Tradesperson is to attend the Job.
- Privacy Act means the Privacy Act 1989 (Cth).
- Service Fee means a fee charged by JAK to a Tradesperson for arranging a Job.
- Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Terms of Service means the terms and conditions of using JAK, as updated from time-to-time, which can be found at www.jakapp.com.au/terms.
- Trade means any of the following trades, for which a Tradesperson is qualified to provide:
- Any other trade JAK may support for from time-to-time.
- Tradesperson means a user of JAK that undertakes Jobs for Customers, whether a person or business.
- User means any Customer or Tradesperson that uses JAK.
- Confidential Information means any written or verbal information that:
- Is about each party’s business or affairs;
- Is about the conduct of each party under this Agreement and the during the term of this Agreement;
- A party informs the other party that it considers it confidential and/or proprietary;
- A party would reasonably consider to be confidential in the circumstances; and
- Is personal information within the meaning of the Privacy Act.
but does not include information that a party can establish:
- Was in the public domain at the time it was given to that party;
- Became part of the public domain, without that party’s involvement in any way, after being given to the party;
- Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
- Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
2. Using JAK
- To use JAK, the User must login to JAK and have set up their account.
- The User agrees that all use of JAK, and all Jobs booked through JAK, are subject to these Terms of Service.
- When a Tradesperson accepts a Job from a Customer, that forms an independent agreement between the Tradesperson and the Customer on the terms set out in this Agreement.
- Anyone over the age of 18 may use JAK to request and book Jobs in the areas in which Tradespersons operate.
- The Customer acknowledges that each Job is performed independently by the Tradesperson, and that the Company does not provide any of the services in a Job directly to the Customer.
- JAK enables Customers to:
- Request and book Jobs with Tradespersons;
- Make payments to Tradespersons;
- Rate Tradespersons and Jobs; and
- Manage their JAK account (including history of services and payments).
- JAK enables the Tradesperson to:
- Receive requests from Customers for Jobs;
- Accept and reject requests for Jobs;
- Manage accepted Jobs;
- Log work undertaken and confirm completion of Jobs;
- Manage payments for Jobs completed;
- Manage their JAK account (including history of services and payments).
3. Using JAK
- Making a Booking
- To book a Job, the Customer may make a Job Request from within JAK, at any time 24 hours a day, 7 days a week.
- The Customer shall be required to provide necessary details of the required Job in order to make a Job Request, including but not limited to:
- The Location;
- The nature of the Job;
- Any Equipment & Materials as part of the Job;
- Any additional notes for the Tradesperson (e.g. how to access the Customer’s premises).
- A Job Request will be communicated to Tradespersons that are eligible to provide the Trade in connection with the Job.
- The first Tradesperson that confirms the Job shall be responsible for providing the Jobs in relation to the Job Request, and the Company will provide their details to the Customer.
- The Tradesperson must provide an estimated time of arrival for the commencement of the Job when confirming.
- The Company does not guarantee that a Tradesperson will accept any Job Request.
- The Company may require the Customer to pay a Deposit on confirmation of a Job.
- The value of a Deposit shall be determined by the Tradesperson, and be applied against the Job Fee.
- Undertaking the Job
- The Tradesperson agrees to arrive at the Location on time.
- The Tradesperson will undertake the Job to a professional standard, for the outcome booked in the Job. Where a Job is not completed to a satisfactory standard (as determined by the Company, acting reasonably) the Tradesperson will rectify the issue at the earliest availability.
- Where the Job Fee includes the provision of Equipment & Materials, the Tradesperson where possible will ensure they have those with them. Otherwise, the Customer must ensure they have all necessary Equipment & Materials for the Tradesperson to perform the Job.
- The Customer must ensure that it provides the Tradesperson with a safe working environment, whether in a domestic or commercial setting. Without limitation, the Customer agrees:
- To safely restrain all animals;
- Ensure that all electrical equipment is in safe working order and approved for use (unless the Job relates to a Tradesperson that is an electrician);
- To notify the Tradesperson of any dangerous environments or hazards; and
- There are no unannounced persons in the Location.
- The Customer agrees that the Tradesperson is not liable for minor wear and tear during a Job. The Tradesperson shall not be liable for any breakage with a value of under $100 if such breakage was genuinely accidental and in the course of providing the Job. The Customer agrees that the Tradesperson shall have the first right to rectify, repair or resupply services to remedy any damage or incomplete work.
- A Customer may cancel a Job within 5 minutes of the Job being confirmed.
- A Customer that cancels a Job later than 5 minutes after the confirmation of a Job may be charged a Cancellation Fee.
- The Company may deduct the value of a Cancellation Fee from a Deposit.
- A Tradesperson must not cancel a Job once confirmed, unless agreed otherwise with a Customer.
- Where a Tradesperson is unable to attend a Job, the Company shall use its best endeavours to find a replacement Tradesperson, however if an alternate Tradesperson cannot be found, the Company shall not be liable to the Customer (although no Job Fees will be charged).
- The Customer may use the rating system inside JAK to rate and provide feedback on the Tradesperson and each Job.
- The Customer agrees to provide accurate information and to not unreasonably give a Tradesperson or a Job a low rating.
- If the Customer is unsatisfied with the standard of a Job, the Customer must first discuss the matter with the Company, and the Company shall endeavour to resolve the matter within 2 Business Days.
- The Company may suspend a Tradesperson’s account if it consistently receives negative ratings.
- The decision to suspend or reinstate a Tradespersons’ account is at the Company’s sole discretion.
4. Job fees, payments & refunds
- The Tradesperson shall pay the Company the Service Fee for a Job undertaken by the Tradesperson across the JAK platform. The Company will issue a Tax Invoice to the Tradesperson for the Service Fee via JAK and/or email. All payments for a Job must be made through JAK (or at the Company’s discretion, directly to the Company).
- Payment of the Job Fee will be charged to the Customer’s credit card the day following the Job.
- Payment of Job Fees shall be made by the Company to Tradespersons in accordance with clause 6.3.
- JAK will provide a refund or credit of some or all of the Job Fee (as appropriate) where, by no fault of the Customer, the Job is not performed or cannot be satisfactorily completed. Otherwise, no other refunds are provided except where required under law.
5. Direct contracting between customers and service providers
- Without the written consent of the Company, the Tradesperson shall not directly contract to provide services to a Customer outside of the Platform (and thereby exclude the Company) within 12 months of the last day that the Tradesperson attended a Job at the relevant Customer. Where such a direct relationship is formed without the consent of the Company, the Customer agrees to pay to the Company 30% of the Job Fees that would have applied to had those services been undertaken as Jobs.
- The Company will issue a Tax Invoice to the Customer for all such fees payable to the Company under clause 4.1.
- The parties agree that the Tradesperson is an independent contractor to the Customer. Each Tradesperson and Customer is responsible to each other with respect to each Job. The parties acknowledge and agree that:
- The Tradesperson is not an employee or subcontractor of the Company, and the Tradesperson does not provide any services to Customers on behalf of the Company;
- The Company is only the Tradesperson’s agent for the purpose of arranging Jobs and receiving payments from the Customer;
- The Tradesperson is not an employee of the Customer or the Company; and
- The Company is not an agent of the Customer.
- All Jobs provided by a Tradesperson may be subject to the Tradesperson’s usual terms of business in addition to the terms of this Agreement. This Agreement shall prevail in the event of a conflict between this Agreement and a Tradesperson’s usual terms of business.
- Qualifications. The Tradesperson is responsible for ensuring:
- All qualifications and permits relative to the Tradesperson’s Trade are accurate and up to date; and
- The Tradesperson is qualified by law to provide the Jobs.
- The Tradesperson must provide the Jobs to the Customer for each Job Request it Confirms.
- If the Job is performed by an employee or contractor of the Tradesperson, the Tradesperson shall:
- Remain liable for each such employee or contractor; and
- Ensure each employee or contractor complies with the terms of this Agreement.
- Payments to Tradespersons.
- The Tradesperson must submit an invoice via JAK within 24 hours of completing a Job (Job Invoice).
- A Job Invoice must include sufficient details in order for JAK to process charging a Job Fee to the Customer. Such details may include:
- The cost of labour provided by the Tradesperson;
- The cost of any Equipment & Materials supplied by the Tradesperson;
- GST information;
- Such other information as JAK may require from time-to-time.
- Where a Job takes place in Australia, the Tradesperson must supply an active ABN in order to receive payment via JAK.
- JAK will take payment from the Customer of the Job Fee once the Job Invoice has been submitted to JAK.
- The Company may take a Service Fee from payments made by a Customer via JAK in consideration for its services prior to forwarding the balance of the payment to the Tradesperson.
- The value of such a Fee shall be as advertised on the Site or as otherwise may be agreed with the Company.
- The Company will pay the balance of any Job Fee received from a Customer, to the Tradesperson within 5 Business Days of completion of the Job.
- The Company shall provide the Tradesperson with a Tax Invoice detailing:
- The Service Fees charged by the Company to the Tradesperson;
- The balance of funds received from the Customer paid to the Tradesperson in settlement of the Job.
- The Tradesperson agrees and warrants that:
- To the extent permitted by law the Tradesperson indemnifies and will hold the Company harmless against all costs, claims damages and expenses for any:
- Penalty imposed upon the Tradesperson;
- Injury, illness or death caused to a Customer or Third Party;
- Damage to the property of any Customer or Third Party;
- Claim of infringement of intellectual property rights made by a Third Party;
- Claim of breach of confidentiality by any Third Party;
As a result of the Tradesperson’s use of JAK;
- It shall not store or record any Personal Information that it can access through JAK unless it is fully compliant with the Privacy Act;
- It shall ensure that all information that it makes available through JAK is accurate and up to date, including (but not limited to) information supplied for:
- Creating an account;
- Describing the Tradesperson;
- Notifying Users;
- Generating a Job Invoice; and
- Any other information that may be accessed by the Tradesperson or an Individual;
- It shall not disclose any information about a Customer to any other person or party other than as authorised by the Customer;
- It shall ensure all personal information it has access to through its use of JAK is kept and used in accordance with applicable privacy laws in the jurisdiction;
- It shall only use JAK for its intended purpose as set out in this Agreement;
- It shall comply with all anti-SPAM legislation in its jurisdiction;
- Its licence to use JAK, as provided for in the General Conditions, is subject to the payment of all necessary Fees.
- It complies with all tax laws in each relevant jurisdiction.
- Any person who registers as a Tradesperson in JAK warrants that he or she is an authorised representative of that Tradesperson with the requisite authority to bind the Tradesperson to this Agreement.
8. General conditions
- By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use JAK for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
- The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
- The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
- Modification of Terms
- The terms of this Agreement may be updated by the Company from time-to-time.
- Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using JAK.
- The User agrees and accepts that JAK is:
- Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
- Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to JAK is available to the User unless expressly agreed in writing.
- As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter JAK.
- Use & Availability
- The User agrees that it shall only use JAK for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
- The User is solely responsible for the security of its username and password for access to JAK. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its JAK account.
- The User agrees that the Company shall provide access to JAK to the best of its abilities, however:
- Access to JAK may be prevented by issues outside of its control; and
- It accepts no responsibility for ongoing access to JAK.
- Security. The Company takes the security of JAK and the privacy of its Users very seriously. The Customer agrees that the Customer shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
- Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Customer to ensure that any transmission standards meet the Customer’s operating and legal requirements.
- Storage. Data that is stored by the Company shall be stored according to accepted industry standards.
- Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Customer Data from any period of time unless so stated in writing by the Company.
- Intellectual Property
- Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
- Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of JAK.
- The JAK Application. The User agrees and accepts that JAK is the Intellectual Property of the Company and the User further warrants that by using JAK the User will not:
- Copy JAK or the services that it provides for the User’s own commercial purposes; and
- Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in JAK or any documentation associated with it.
- Content. All content submitted to the Company, whether via JAK or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to JAK.
- Disclaimer of Third Party Services & Information
- The User acknowledges that JAK Is dependent on third-party services, including but not limited to:
- Banks, credit card providers and merchant gateway providers;
- Telecommunications services;
- Hosting services;
- Email services; and
- Analytics services.
- The User agrees that the Company shall not be responsible or liable in any way for:
- Interruptions to the availability of JAK due to third-party services; or
- Information contained on any linked third party website.
- Liability & Indemnity
- The User agrees that it uses JAK at its own risk.
- The User acknowledges that JAK does not make Jobs on its own behalf.
- The User acknowledges that the Company is not responsible for the conduct or activities of any Tradesperson and that the Company is not liable for such under any circumstances.
- The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with JAK, including any breach by the User of these Terms.
- In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use JAK, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.
- Either party may terminate this Agreement by giving the other party written notice.
- Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
- Termination does not affect any of the rights accrued by a party prior to termination, and he rights and obligations under clauses 7.8, 7.11 and 7.12 survive termination of this Agreement.
- Dispute Resolution
- If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- Includes or is accompanied by full and detailed particulars of the Dispute; and
- Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
- Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
- Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
- Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
- Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
- Electronic Communication, Amendment & Assignment
- The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
- The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
- The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
- A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- Notices must be sent to the parties’ most recent known contact details.
- The User may not assign or otherwise create an interest in this Agreement.
- The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
- Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
- Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms any Special Conditions made under this Agreement, as relevant, the terms of those the Special Conditions or Special Conditions shall prevail.
- Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
- Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
- Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
- Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
- Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement
9. Job Guarantee
1. The JAK Job Guarantee will
cover the cost of completing, correcting or rectifying faulty work arising from
jobs undertaken by a JAK Service Provider who is unable to rectify the faulty
work themselves due to bankruptcy, ill-health, loss of license or any
legitimate reason (which will be assessed by JAK case by case).
2. We confidently offer the
Job Guarantee as a complimentary service to all JAK customers, as we believe
all service providers on our platform are the highest of quality. All service
providers undergo a verification process
before being approved on the platform to ensure they have the relevant qualifications
and are insured to perform their duties.
3. In circumstances
where a JAK customer has an issue relating to work performed by a JAK service provider,
the customer may be entitled to claim on the Job Guarantee. To make a claim on
the Job Guarantee, the following conditions must be met:
- The original work must have been initiated and fully processed through the JAK platform and both the customer and the service provider must comply with JAK’s Terms and Conditions.
- The Job must either be in progress, paid via the Platform or marked as paid in the Platform.
- An issue must be reported within 90 days from when the job was allocated to the Service Provider. The Job Guarantee will be permitted only once all resolution avenues have been exhausted.
4. Each Job Guarantee claim
will cover up to a maximum of $3000 and will be assessed by JAK management on a
case by case basis.
5. The customer and service provider must provide all relevant
information to JAK management which may include, but is not limited to:
- All communications between the customer and trade supplier (email, chat, messages)
- Photos of the work
- Statements relating to the agreed scope of work and
- Any other documents that may be required to complete an accurate review of the job
6. A member of the JAK
management team or a nominated expert may conduct a physical site inspection to
assess the job and to ascertain an accurate market value, if we consider it