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LAST UPDATED 22 NOVEMBER 2024
The Smarttasker Terms & Conditions outline Smarttasker and Your obligations and responsibilities on the Smarttasker Platform.
The terms and conditions clarify the process required to formalise the completion of tasks.
Smarttasker operates an online platform allowing Users to connect through the Smarttasker Platform with other Users who provide Services.
Please read these terms and all Policies including the Smarttasker Guidelines and Privacy Policy carefully before using the Smarttasker Platform.
These Policies are incorporated into this Agreement by reference.
Basic Principles
1.1 Smarttasker provides the Smarttasker 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. Smarttasker reserves the right to cancel all Offers on a Posted Task made prior to the modification.
1.4 If a Poster accepts an Offer on the Smarttasker Platform, the Posted Task is assigned to that particular Tasker. At this point, 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 for the Posted Task to Smarttasker.
1.6 Upon creation of the Task Contract, Smarttasker has rendered Smarttasker Services and the Booking Fee is due and payable.
1.7 Once the Task Contract is created, the Tasker and Poster may vary the Task Contract on the Smarttasker Platform. The Poster and Tasker are strongly encouraged to use Smarttasker’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
1.8 Once the Services are complete, the Poster will be notified and must respond by either releasing payment or disputing that the task has been completed. Should a response not be received from the Poster within 14 days, the task will be automatically deemed to have been completed satisfactorily and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the Tasker.
1.9 Following confirmation by both the Tasker and the Poster that the Posted Task has been completed, or if Smarttasker is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the Tasker Service Fee will be payable and the Tasker Funds will be released by Smarttasker to the Tasker.
1.10 It is important that any Task or Task Milestone created by a Poster should be able to be completed within 90 days. After 90 days Stripe will finalise the Task and automatically release the funds to the Tasker even if the Task is yet to be completed.
1.11 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Smarttasker Platform.
1.12 Users may elect to utilise Payment Milestones in their assigned task. In this case the Poster and Tasker will agree on Milestones which trigger a part payment to be released to the Tasker. In this situation the Poster still pays for the Task upfront, however a part payment will be released to the Tasker following confirmation by both the Tasker and the Poster. The Poster and tasker must agree on the amount of work that must be completed to trigger the Milestone and the amount of funds that will be released once the Milestone is achieved. It is important to note that the entire job must be completed within 90 days, otherwise separate Tasks need to be created.
Private Tasks
1.13 Smarttasker may also provide a Tasker Profiles feature enabling Taskers to publish Offers for Services.
1.14 Smarttasker may publish Tasker Profiles from time to time in its absolute discretion.
1.15 A Poster may request to book a Tasker by clicking on the “Send Private Task’ button and completing the booking request. The Tasker may then make an offer to perform the Task. When using the “Send Private Task” feature, a Task Contract is created when the Poster accepts the offer made by the Tasker and the Task is assigned to that Tasker.
1.16 A Tasker may revoke or modify its Tasker Offer at any time before a Poster accepts a Tasker’s offer.
2.1 Smarttasker provides the Smarttasker Service in consideration for the Booking Fee and the Tasker Service Fee
2.2 Smarttasker 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 In its absolute discretion, Smarttasker may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if Smarttasker reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Smarttasker Platform.
2.5 No charges apply in respect of the following actions on the Smarttasker Platform:
2.6 Smarttasker 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 Smarttasker is not responsible for, and does not warrant 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 Smarttasker 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 Smarttasker has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
2.10 You understand and agree that:
3.1 You will at all times:
3.2 You agree that any content (whether provided by Smarttasker, a User or a third party) on the Smarttasker Platform may not be used on third party sites or for other business purposes without Smarttasker’s prior written permission.
3.3 You must not use the Smarttasker Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Smarttasker account at all times. This includes not 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 Smarttasker an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Smarttasker Platform for the purpose of publishing material on the Smarttasker Platform and as otherwise may be required to provide the Smarttasker Service, for the general promotion of the Smarttasker Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Smarttasker Platform must not, in any way whatsoever, be potentially or actually harmful to Smarttasker or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Smarttasker.
3.7 Without limiting any provision of this Agreement, any information You supply to Smarttasker or publish in an Offer or a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
3.9 If You are a Tasker, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Task Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Tasker Funds and account verification) received under a Task Contract.
3.10 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 Smarttasker Platform.
3.11 You must not request payments outside of the Smarttasker Platform from the Poster for the Services except to the extent permitted by clause 3.12 and only if the Smarttasker Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
3.12 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. Correspondence in respect of agreeing to these additional costs should be carried out on the Smarttasker Platform. Smarttasker 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.
3.13 For the proper operation of the Smarttasker Platform (including insurance, proper pricing and compliance with Policies), the Tasker must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the Smarttasker Platform.
3.14 If Smarttasker determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Smarttasker Service or cancel or suspend Your account and/or any Task Contracts.
4.1 A Booking Fee is payable to Smarttasker in respect of bookings made on the Platform. When a Poster accepts a Tasker’s offer, the Task is assigned to that Tasker and a Task Contract is formed between the two parties. At this time the Poster will be charged the Agreed Price plus the Booking Fee as consideration for the Poster’s use of the Smarttasker Services.
4.2 Smarttasker offers a unique payment facility known as Milestone payments. Milestone payments are available for tasks with a cost over $1000. A Milestone Transaction Fee is payable to SmartTasker at the time of transaction of the second and subsequent Milestone payments.
4.3 Separate to the Booking Fee and Milestone Transaction Fee charged to the Poster, a Tasker is charged a Tasker Service Fee as consideration for the Tasker’s use of the Smarttasker Services.
4.4 At such time that the Poster releases the Task Payment to the Tasker, the Tasker Service Fee (will be deducted from the Task Payment) and the Booking Fee (separately paid by the Poster) will be retained by Smarttasker.
4.5 The Booking Fee and the Tasker Service Fee are not GST inclusive.
4.6 Subject to clause 5, all Fees payable to Smarttasker are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.7 If Smarttasker introduces a new service on the Smarttasker Platform, the Fees applying to that service will be payable from the launch of the service.
4.8 Smarttasker reserves the right to amend the amount of any Fees (including the Booking Fee and Tasker Service Fee) from time to time and any changes will be updated on Smarttasker’s website.
4.9 Offer prices When you make an offer, it must represent the total amount for that task. Offers must not be hourly, unit or quote based. Partial quotes mentioning further negotiation of prices off the platform are also not permitted.
4.10 No partial payments Any offers made on your task should be for the full scope of the task. When you accept an offer, that is the final amount that you are obligated to pay (in addition to the Booking Fee). Tasks offering partial payment, including sales and commission-based tasks, are not permitted and will be moderated and/or removed.
4.11 Escrow Account For safety reasons, cash payments are not supported on the Smarttasker platform. Instead, to ensure that you are paid in full Smarttasker securely holds the task funds received from the poster until you mark the task as complete. Funds are held in escrow by our partner Stripe. This ensures that payouts are held safely and paid out in full at the completion of the Task.
4.12 Accurate banking details To ensure seamless payment of funds, please ensure your banking details always remain up to date in your Account Settings.
4.13 Cancellation Fee: As set out in the Smarttasker cancellation policy below, if you cancel a task after a Tasker has assigned it to you and are found responsible for that cancellation, you will be charged a Cancellation Fee that will be deducted from your next payment.
Tasker Service Fees
4.14 At Smarttasker we believe in transparency. That is why our fees are readily available and easy to understand. Our Tasker Service fees are charged at the completion of the task and deducted from the Tasker payment.
4.15 Taskers achieve performance tiers based on how many dollars they have earned in the last 30 days. The Service fee depends on the Tier.
Poster Booking & Milestone Transaction Fees
4.16 Smarttasker charges a small Booking fee to posters for the creation and listing of Tasks. The fee charged depends on the value of the Task cost. The fee is calculated as:
4.17 Smarttasker charges a small transaction fee to process and manage milestone payments. This Milestone Transaction Fee is charged on the second Milestone payment and then on all subsequent Milestone payments for that task. The fee is calculated as:
5.1 If the Task Contract is cancelled for any reason (by a Poster, a Tasker or under this Agreement) prior to the commencement of the Task Contract, then if Smarttasker is reasonably satisfied that the Agreed Price (and if applicable, the Booking Fee) should be returned to the Poster then those amounts (as applicable) will be refunded to the Poster by Smarttasker and a Cancellation Fee will be due to Smarttasker by the User who the cancellation of the Task Contract is attributable to under clause 5.7 or 5.8.
5.2 If the Poster is responsible for the cancellation of the Task Contract (see clause 5.8), the Booking Fee will be retained by Smarttasker.
5.3 If the Tasker is responsible for the cancellation of the Task Contract (see clause 5.7), Smarttasker will deduct the Cancellation Fee from the Tasker’s next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).
5.4 Cancellation Fees deducted from Taskers payout requests are capped at the value of the Booking Fee (currently capped a $25).
5.5 Upon request by the relevant Customer submitted to Smarttasker Support, Smarttasker may refund the Agreed Price (and Booking Fee, as applicable) to the Poster’s original payment method.
5.6 Any amount returned by Smarttasker to a Poster on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to Smarttasker and may be offset by Smarttasker against any other payments owed at any time to the Tasker.
5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to Smarttasker and may also be offset by Smarttasker against any other payments owed at any time to the User.
5.8 Cancellation of a Task Contract will be attributable to the Tasker where:
5.9 A Cancellation of a Task Contract will be attributable to a Poster where:
5.10 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.
5.11 Smarttasker’s payment provider Stripe may take up to 10 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Poster as Smarttasker Credits or to process (following a request from a Poster) a refund to the Poster’s original payment method.
5.12 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 Payment Account until paid or otherwise for up to 90 days from the date the Poster initially paid the Agreed Price into the Payment Account.
5.13 Following the 90 days referred to in clause 5.12, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be credited to the Poster as Smarttasker Credits.
5.14 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.
5.15 Smarttasker may suspend a User Account in its sole discretion for repeated Cancellations.
6.1 Smarttasker uses Stripe as our Payment Provider to operate the Payment Account.
6.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
6.3 If Smarttasker changes its Payment 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.
7.1 Smarttasker may use Identity Verification Services.
7.2 You agree that Smarttasker Identity Verification Services may not be fully accurate as all Smarttasker Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
7.3 You are solely responsible for identity verification and Smarttasker accepts no responsibility for any use that is made of an Smarttasker Identity Verification Service.
7.4 Smarttasker Identity Verification Services may be modified at any time.
7.5 The Smarttasker Platform may also include a User-initiated feedback system to help evaluate Users.
7.6 Smarttasker may make Badges available to Taskers. The available Badge can be requested by the Tasker via the Smarttasker Platform and arranged on behalf of the Tasker and issued by Smarttasker, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Tasker and determined by Smarttasker or a third-party verifier which shall be governed by its terms.
7.7 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.
7.8 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 Smarttasker immediately if a Badge is no longer valid.
7.9 Smarttasker may, at its discretion, issue Badges to Taskers for a fee.
7.10 The issue of a Badge to a Tasker remains in the control of Smarttasker and the display and use of a Badge is licensed to the Tasker for use on the Smarttasker 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 Smarttasker Platform.
7.11 Smarttasker 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 Smarttasker.
8.1 Smarttasker does not offer any insurance policies for the following reasons
8.2 Taskers should make their own assessments about what if any insurances they may require in order to perform their tasks, including any legal obligations.
8.3 Each Poster must make their own enquiries about whether any insurance is required and Taskers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Smarttasker Platform.
9.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
9.2 Smarttasker will endeavour to permit you to transact anonymously on the Smarttasker Platform. However, in order to ensure Smarttasker can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Smarttasker reserves the right to ask Users to verify themselves in order to remain a User.
10.1 Smarttasker may modify this Agreement or the Policies (and update the Smarttasker pages on which they are displayed) from time to time. Where Smarttasker make material modifications, we will send notification of such modifications to Your Smarttasker account or advise You the next time You login.
10.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Smarttasker 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.
10.3 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 Smarttasker who will terminate Your Smarttasker account, and stop using the Smarttasker Service.
11.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Smarttasker, its related entities or affiliates in any way whatsoever. Smarttasker confirms that all Third-Party Services that may be promoted on the Smarttasker Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Smarttasker 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.
12.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Smarttasker’s contact address as displayed on the Smarttasker Platform, or to Smarttasker Users’ contact address as provided at registration. Any notice shall be deemed given:
12.2 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.
13.1 Smarttasker encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Smarttasker may, in its absolute discretion, share Your information with other parties involved in the dispute.
13.2 Smarttasker may elect to assist Users resolve disputes. Any User may refer a dispute to Smarttasker. You must co-operate with any investigation undertaken by Smarttasker. Smarttasker reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Smarttasker’s determination in an applicable court or tribunal.
13.3 Smarttasker has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
13.4 Smarttasker 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.
13.5 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.
13.6 If You have a complaint about the Smarttasker Service please contact us.
13.7 If Smarttasker 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 be responsible and liable to Smarttasker for any costs, losses or liabilities incurred by Smarttasker in relation to any claims relating to any other use of information not permitted by this Agreement.
14.1 Either You or Smarttasker may terminate your account and this Agreement at any time for any reason.
14.2 Termination of this Agreement does not affect any Task Contract that has been formed between Smarttasker Users.
14.3 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.
14.4 If Your account or this Agreement are terminated for any reason then You may not without Smarttasker’s consent (in its absolute discretion) create any further accounts with Smarttasker and we may terminate any other accounts You operate.
15.1 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.
15.2 This Agreement may be assigned or novated by Smarttasker to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
15.3 This Agreement sets out the entire understanding and agreement between the User and Smarttasker with respect to its subject matter.
MODEL TASK CONTRACT
The terms used in this Task Contract have the meaning set out in the Smarttasker Glossary. A Task Contract is created in accordance with the Smarttasker 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 Task Contract will continue until terminated in accordance with clause 7.
2 SERVICES
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.
2.4 The parties acknowledge that the Task Contract is one of personal service where the Poster selected the Tasker to perform the Services. Therefore, the Tasker must not subcontract any part of the Services to any third party without the Poster’s consent.
2.5 The Tasker always remains responsible and liable to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Tasker.
3 WARRANTIES
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 they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of the Task Contract, the Poster must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Tasker will provide notice on the Smarttasker 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 Smarttasker Platform to release the Tasker Funds from the Payment 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 Smarttasker Agreement.
4.5 In the event that a Task:
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 DISPUTES
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 Smarttasker and act in accordance with clause 18 of the Smarttasker Agreement.
7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the Smarttasker Platform.
TERMS
1. Terms
the following terms will also apply to or may vary this Agreement to the extent specified:
a. a reference to “A$”, “AUD”, “$A”, “dollar” or “$” is to Australian currency;
b. “Smarttasker” means Smarttasker Pty Ltd ACN 672 687 508;
c. “ACL” means the Australian Consumer Law;
d. “Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL;
e. “Personal Information” has the same meaning given to it in the Privacy Act 1988 (Cth);
f. This Agreement is governed by the laws of New South Wales, Australia. You and Smarttasker submit to the exclusive jurisdiction of the courts of New South Wales, Australia; and
g. The following is added as clause 3.3 in the Model Contract of Appendix A “3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.”;
h. The exclusions and limitations of liability shall be as follows:
i. If a Task is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the Poster or the Tasker, a credit will be applied to the Poster’s account for the Agreed Price as a Smarttasker Credits, which may be used for another Task. To the extent the credit has not been used after 18 months, it will be cancelled and retained by Smarttasker.
Smarttasker Glossary
“Agreement” means the most updated version of the agreement between Smarttasker and a User.
“Agreed Price” means agreed price for Services (including any variation) paid into the Payment Account made by the Poster but does not include any Service Fees or other costs incurred by the Tasker when completing Services which the Poster agrees to reimburse.
“Smarttasker”, “we” “us” or “our” means Smarttasker Pty Ltd ACN 672 687 508
“Smarttasker 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 Smarttasker.
“Smarttasker Credits” means the physical or virtual card, coupon, voucher, code or a discount or refund provided as an account credit (, which includes payment returns of the Agreed Price (in the context of a cancellation of a Task Contract)) or anything else identified or described as ‘Smarttasker Credit’ in this Agreement, for use on the Smarttasker Platform.
“Smarttasker Platform” means the Smarttasker website at https://www.Smarttasker.au/, Smarttasker smartphone app, and any other affiliated platform that may be introduced from time to time.
“Smarttasker Service” means the service of providing the Smarttasker Platform, which for the avoidance of doubt, includes any features available on the Smarttasker Platform for Users, such as payment processing functionality.
“Badge” means an Smarttasker Badge and Verification Icon.
“Business Day” means a day on which banks are open for general business in the jurisdiction where Users have their Smarttasker Platform account, 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 Smarttasker 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).
“Booking Fee” means the fee payable by the Poster to Smarttasker as consideration for the Smarttasker Services (separate to the Agreed Price) which is displayed to a Poster prior to entering into each Task Contract.
“Cancellation Fee” means:
“Consequential Loss” means any loss, damage or expense recoverable at law:
“Customer” means a User that uses the Smarttasker Platform to search for particular Services.
“Fees” means all fees payable to Smarttasker 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, Smarttasker Badges and Verification Icons.
“Milestone Payment” means the payment method available to created staged payments for tasks with a value over $1000.
“Milestone Transaction Fee” means the fee payable by the Poster to Smarttasker as consideration for transacting the second and all following Milestone Payments for a Task. This fee is displayed to the Poster prior to completing payment for each Milestone payment.
“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. Further detail on the Non-excludable Conditions for consumers in the United Kingdom and in Ireland is set out in the relevant Your Country Specific Terms.
“Offer” means an offer made by a Tasker in response to a Posted Task to perform the Services.
“Payment Account” means the account operated by the Payment Provider.
“Payment Provider” means an entity appointed by Smarttasker that manages and operates the Payment Account including accepting payments from and making payments to Users.
“Personal Information” has the same meaning as described in Specific Terms.
“Policies” means the policies posted by Smarttasker on the Smarttasker Platform, including but not limited to the Community Guidelines.
“Poster” means a User that uses the Smarttasker Platform to search for particular Services.
“Posted Task” means the Poster’s request for Services published on the Platform (including via Search Assist), 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 Smarttasker Platform endorsing that User.
“Service Fee” means the Booking Fee and the Tasker Service Fee.
“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.
“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 Tasker Service Fee.
“Tasker Listing” means a page published by a Tasker, containing details (including prices) of a service they are willing to provide to Posters.
“Tasker Service Fee” means the fee payable by the Tasker to Smarttasker as consideration for the Smarttasker Services (and comprised as part of the Agreed Price) displayed to a Tasker prior to entering into each Task Contract.
“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 Smarttasker Platform from time to time.
“User” or “You” means the person who has signed up to use the Smarttasker Platform, whether as the Customer, Poster, Tasker, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the Smarttasker Platform to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the Smarttasker Agreement and all Policies, except where the context otherwise requires:
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