Website terms of use

ServiceGuru provides an online marketplace for trade professionals of all types, and potential customers who are in need of their services.

These Terms of Use (Terms) govern your use of our website located at www.ServiceGuru.com.au (Site) and form a binding contractual agreement between you, the user of the Site and us, Service Guru Pty Ltd ACN 605 288 971.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on info@serviceguru.com.au  or at PO Box 4474, Harrisdale WA 6112.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

We do not check our P. O. box regularly, if the matter is urgent, Please email us at info@serviceguru.com.au

Serviceguru cannot be held resposible, if anyone uses our information without our consent from our site and use it for their own purpose.

GENERAL

  1. Licence to use Site

(a) We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.

(b) You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

(c) You must not add any content to the Site:

(i)  unless you hold all necessary rights, licences and consents to do so;

(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(iv) that would bring us, or the Site, into disrepute; or

(v) that infringes the intellectual property or other rights of any person.

(d) The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

(e) You acknowledge and agree that:

(i)  we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(ii)  the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

  1. Intellectual property rights

(a) Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

(b) By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

(c) You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

(d) The licence in paragraph (c) will survive any termination of these Terms.

(e) You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (b) and (c).

  1. Warranties

You represent and warrant to us that:

(a) You have the legal capacity to enter these Terms; and

(b) You have complied with clause 1(c).

  1. Liability

(a) To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

(b) To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

(c) These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

(d) You acknowledge and agree that ServiceGuru is in no way directly involved in any transactions between customers and trade professionals and only provides this Site to facilitate the introduction of customers and trade professionals.

(e) ServiceGuru in no way warrants, guarantees or represents the quality of the services of the trade professionals nor does it provide any guarantees as the authenticity and financial viability of the customers.

(f) You agree to indemnify, defend and hold ServiceGuru and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this agreement or use of the Site.

  1. Termination

(a) These Terms terminate automatically if, for any reason, we cease to operate the Site.

(b) We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

USING SERVICEGURU

  1. Accuracy of Information

(a) Although we attempt to ensure that it is correct and accurate, ServiceGuru cannot guarantee the accuracy of the information on this site, and are not liable for any problems or losses arising from errors in the content.

(b) In using the services provided by ServiceGuru, you acknowledge that ServiceGuru is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the customer to use their own judgement to select a suitable trade professional and to negotiate the terms for any work that they undertake, and ServiceGuru will not be involved or held liable for any resulting contract or agreement (whether written or verbal) between the customer and trade professional.

(c) ServiceGuru does has not verified the currency of any trade professional’s qualifications or skills or the suitability of any insurance cover and makes no representation with regard to the trade professional’s qualifications, skills or insurance cover.

(d) We recommend that any customer, before entering into a contract or agreement with any trade professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary documents from the trade professional. If you suffer any problems or losses as a result of not obtaining or verifying these details, you accept and confirm that ServiceGuru is not liable in any way whatsoever.

  1. Content

(a) You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful.

(b) You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from ServiceGuru, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the service.

(c) You understand that ServiceGuru does not control, and is not responsible for content made available through the service. Furthermore, the ServiceGuru site and content available through the service may contain links to other websites, which are completely independent of ServiceGuruServiceGuru makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

(d) Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will ServiceGuru be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via ServiceGuru.

(e) You acknowledge that ServiceGuru does not pre-screen or approve all content, but that ServiceGuru shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

  1. Site disclaimer

(a) ServiceGuru does not warrant guarantee or make any representation that:

(i) The Site, or the server that makes the site available on the WWW are free of software viruses;

(ii) The functions contained in any software contained on the Site will operate uninterrupted or are error-free; and

(iii) Errors and defects in the Site will be corrected.

(b)ServiceGuru is not liable to you for:

(i) Errors or omissions in the Site, or linked businesses on the WWW;

(ii) Delays to, interruptions of or cessation of the services provided in the Site, or linked businesses; and

(iii) Defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of ServiceGuru, its employees or independent contractors, or through any other cause.

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.

  1. Dealings with organisations and individuals

(a) Your interactions with organisations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

(b) You agree that ServiceGuru shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on this Site, or between users and any third party, you understand and agree that ServiceGuru is under no obligation to become involved.

(c) In the event that you have a dispute with one or more other users, you hereby release ServiceGuru, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

  1. Feedback

(a) All trade professionals will be subject to feedback evaluations from customers if, after expressing interest, a contract or agreement is reached to carry out some or all of the job advertised or similar or related work.

(b) Trade professionals understand that ServiceGuru is not responsible for the feedback content that those customers post, or any harm done by such content. The customer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof.

(c) All Site users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

(d) ServiceGuru performs a number of checks on feedback with an aim to ensure that feedback is authentic, and will remove feedback that in its sole discretion appears to be fake, but makes no claim or warranty of the accuracy or authenticity of any feedback. ServiceGuru may, at its sole discretion, also remove feedback at the request of the author.

  1. References

(a) Any contact details given will not be displayed on the site or used for marketing purposes. It is your responsibility to ensure that you have the referee’s permission to give their contact details to ServiceGuru.

(b) It is the responsibility of the trade professional to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.

  1. Shortlist Fees

(a) If you are a trade professional, you agree to pay ServiceGuru a shortlist fee of $4.95 (inclusive of GST) every time you are shortlisted for a job through our service.

(b) You understand that ServiceGuru cannot influence the outcome of any particular shortlisting and does not guarantee that you will be able to quote or secure work for jobs you are shortlisted for.

  1. Trade Professionals Indemnity, Acknowledgement and Insurance Requirements

(a) Trade professionals using the Site will at all times indemnify and keep indemnified ServiceGuru and its respective officers, employees and agents (referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this agreement by you; and publication of or distribution of the material and/or information supplied by you.

(b) Trade professionals using this Site acknowledge and agree that ServiceGuru plays no role whether active or inactive in the method of selection by the customer of the selected quote and that the lowest price or best quote will not necessarily be the quote selected by the customer.

(c) ServiceGuru operates a “three strikes” in relation to trade professionals, whereby any trade professional the subject to three complaints made against them by customers in relation services provided through the Site will be removed from the Site.

(d) Trade professionals using the Site must maintain their own insurances to cover all risks including but not limited to public liability, professional indemnity and workers compensation insurance.

  1. All Services

(a) You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is more than 7 days overdue your account will be automatically restricted.

(b) Refunds may occasionally be offered in other circumstances at the discretion of ServiceGuru.

(c) You understand that we only accept payment by Paypal, credit or debit card and any charges associated with the selected method of payment will be borne by you. By designating a Paypal account or card to be billed, you confirm that you are authorised to make such a purchase.

(d) You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

  1. Failed & Disputed Payments

(a) If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our “Contact Us” page on the Site.

(b) Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a $10 plus GST administration fee.

  1. Limitations

(a) You acknowledge that ServiceGuru may establish limits concerning use of the Site, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Site, and the frequency with which you may access the website.

(b) You agree that ServiceGuru has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Site. You also acknowledge that ServiceGuru reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that ServiceGuru shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

(c) You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service or the Site, including loss of profit or consequential loss or damage.

  1. Termination of service

(a) You agree that ServiceGuru, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if ServiceGuru believes that you have acted inconsistently with the letter or spirit of the terms.

(b) Further, you agree that ServiceGuru shall not be liable to you or any third-party for any termination or restriction of your access to the website.

(c) Further, you agree not to attempt to use the website after said termination.

  1. Changes

(a)ServiceGuru reserves the right to change or update these terms and conditions from time to time. As a user of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active users.

  1. General

(a) You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

(b) If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

(c) Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

(d) These terms are governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.

  1. Interpretation

(a) Any reference to “customers” means any person who submits or publishes a job on the Site for trade professionals to quote on.

(b) Any reference to “trade professionals” means any business who registers with the Site in order to provide a quote for work posted by customers.

(c) Any reference to “you” or “your” means any user of this Site including both customers and trade professionals.

(d) Any reference to “ServiceGuru”, “us”, “we” or “our” means Service Guru Pty Ltd ACN 605 288 971.

Service Guru

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