The service provide at http://www.findworkman.com.au
are provided by BERA HOME SERVICES , located at Level 28, 140 St Georges Terrace,
Perth, WA 6000, ABN : 89 397 376 424. The following
document describes the terms and conditions applicable to the use of any service
provided under http://www.findworkman.com.au("the site", "our site") domain or any
sub-domains. If anyone does not wish to be bound by these terms of use, then they
may not use any services provided on our site. By agreeing to be bound by these
terms and conditions you are also agreeing that other users should be bound by the
same terms and conditions.
1. "Job Advertisers" and "Workmen"
For the purposes of these terms and conditions, users who place a job description
online will be known collectively as "job advertisers" or individually as a "job
advertiser". Users who tender on the work featured on our site will be known collectively
as "workmen", or individually as a "workman".
2. www.findworkman.com.au - A Venue
Our site is a venue on which users can advertise contract jobs and workmen, who
are registered with us, are able to tender for these contract jobs. The jobs advertised
must not be against any applicable law, or contrary to any aspect of these terms
and conditions. We take no responsibility for the truth or accuracy of any job description
or the ability of any particular user to pay for the job to be completed. We take
no responsibility for the ability of any workman to complete any aspect of a job
that a workman tenders for. Do not assume that jobs or any related activities are
legal, simply because they are listed on our site. Users accept the sole responsibility
for the legality of their actions under laws applying to themselves.
3. Checks on Workmen
Although we cannot, and do not guarantee work done by workmen
that you find via our site, we have several measure in place which will help you
judge the reputation of a particular workman.
- Workmen must provide two recent references from satisfied customers to us during
the registration process. When a workman tenders for a particular job, a mail will
be sent to the job advertiser. If we have verified the references then the mail,
in addition to other information about the tender, will indicate that the references
provided on registration were valid. If we have not yet verified the references,
the references themselves will be provided to the job advertiser, so that he or
she may verify the references.
- In addition to the above we collect feedback on each of our registered workmen on
an ongoing basis. The job advertiser will be able to view the feedback of a particular
workman who tenders for his or her job. The job advertiser will also receive instructions
on how to provide feedback on the workman in the case that the workman does undertake
the job in question.
4. Workman registration eligibility
In order to register for a business account, users must be over the age of 18. We
reserve the right to limit the access of any user that we consider suspect, acting
in bad faith or under the guise of a false identity or any other reason.
5. Prohibited Jobs
Users must not place online or tender for any jobs which are prohibited by Law,
or which do not conform to our own regulations. Our site is intended to make it
easier for users to find quality workers at reasonable, market dependant prices.
Our site should not be used to find long-term contractual employees or employment.
6. Placing a Job Advert Online
If you place a job ad online, you must ensure that you are legally able advertise,
and hold to the contract as you have described it. You must describe your job and
all terms in the description field of you job listing. Your listings may only include
text descriptions relevant to the job. The user who places a job online is responsible
for ensuring that he or she has the right to use all content in the listing and
we have the right to host it on servers. All jobs must be listed in an appropriate
category.
7. Tendering for Jobs
As a workman, you must ensure that you are legally able to tender for the relevant
job. In addition, you must ensure that you are legally able to perform the work
specified in the job advert.
8. Information Control
We do not control the information provided by other users, which is made available
through the Site. You may find other user's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution and common sense when using the Site.
Please note that there are also risks of dealing with underage persons or people
acting under false pretences. By using this Site, you agree to accept such risks
and agree that Eurosofttech Limited is not responsible for the acts or omissions of
users on the Site.
9. Your Information
Your information constitutes any information you provide to us or other users in
relation to the findworkman service including registration, job listings or the
commenting and reply processes. You are solely responsible for your information.
We merely distribute and publicise relevant parts of the information via channels,
which we reserve the right to change without notice.
10. Restrictions on Your Information
Your Information and your activities on our Site must not, be false, inaccurate
or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright,
confidence, privacy or any other rights. Your information must not infringe any
third party's copyright, patent, trade mark, trade secret or other proprietary rights
or rights of publicity or privacy, be fraudulent, be in breach of any applicable
laws or regulations (including, but not limited to, consumer protection, unfair
competition, anti-discrimination, false advertising), be obscene, indecent or contain
pornography. Your information must not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers. Your information
must not link directly or indirectly to any other website. Your information may
not contain any computer viruses, macro viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal operating procedures
of a computer or to surreptitiously intercept, access without authority or expropriate
any system, data or personal information. Your information may not cause the Site
to be interrupted, damaged, rendered less efficient or such that the effectiveness
or functionality of the Site is in any way impaired.
11. No Warranty
We (and our directors and employees) do not guarantee continuous, uninterrupted
or secure access to our services, and operation of the Site may be interfered with
by numerous factors outside of our control. Our website and our services are provided
"as is" and as and when available, and to the extent permissible by law we exclude
all implied warranties, conditions or other terms, whether implied by statute or
otherwise, including without limitation any terms as to skill and care or timeliness
of performance. Some jurisdictions do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you.
12. Notices
Unless otherwise explicitly stated, notices to findworkman must be sent by registered
mail BERA HOME SERVICES, we are located : 28, 140 St Georges Terrace, Perth, WA
6000, ABN : 89 397 376 424, and notices to you
will be sent to the email address that you provide to us during the registration
process (receipt is deemed 24 hours after an email is sent, unless we receive notice
that the email address is invalid), or by registered mail.
13. Dispute Resolution
Disputes between you and us regarding our services may be reported to our Customer
Support. We encourage you to report all disputes between users to your local law
enforcement body.
14. Third Party Rights
A person who is not a party to these terms and conditions has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms
and conditions but this does not affect any right or remedy of a third party specified
in these terms and conditions or which exists or is available apart from that Act.
