Here are our terms and conditions. Please contact us www.fiindone.com if you have any other questions. Thanks for connecting.
The “FIINDONE” trade name owned by “GIMM PTY LTD.” ACN 145 391 564 terms & conditions (updated April 2019) outline FIINDONE’s and your obligations and responsibilities on the FIINDONE Platform. In this update to our Terms and Conditions, FIINDONE has updated information according to Registered User and Professional Agreement.
These Terms will be applied fully and affect to your use of this Website www.fiindone.com.au; www.fiindone.com; www.findone.com.au; www.fiindone.net . By using this portal, you agreed to accept all terms and conditions written in here. You must not use this website if you disagree with any of these “FIINDONE” ACN 145 391 564 Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use www.fiindone.com.
You are specifically restricted from all of the following:
Publishing any Website material in any other media;
Selling, sublicensing and/or otherwise commercializing any Website material;
Publicly performing and/or showing any Website material;
Using FIINDONE in any way that is or may be damaging to this Website;
Using FIINDONE in any way that impacts user access to this Website;
Using FIINDONE contrary to applicable laws and regulations or in any way may cause harm to the Website, or to any person or business entity;
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
Certain areas of FIINDONE are restricted from being access by you and FIINDONE may further restrict access by you to any areas of these Websites, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these FIINDONE ACN 145 391 564 Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on these Websites. By displaying Your Content, you grant FIINDONE a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. FIINDONE reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and FIINDONE express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
LIMITATION OF LIABILITY
In no event shall FIINDONE, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. FIINDONE, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent FIINDONE from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
FIINDONE is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
FIINDONE is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Fiindone and you in relation to your use of this Website, and supersede all prior agreements and understandings.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the Victoria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.
User Agreement: www.fiindone.com
FIINDONE operates a Service based online platform allowing Users to connect through the FIINDONE Platform with professionals who provide Services.
All defined terms in this Agreement have the meaning given to them in the FIINDONE Glossary.
1. SCOPE OF FIINDONE SERVICES
- 1.1 FIINDONE provides the FIINDONE Platform to enable Registered Users to publish or Posted Tasks and find professionals locally to get there job done.
- 1.2 FIINDONE Professional 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 registered user may revoke a Posted Task at any time before professionals accepts an Offer or before the due date of the task. FIINDONE reserves the right to cancel all Offers on a Posted Task made prior to the modification or amendment.
- 1.4 If a registered user assign any task to professional or company on the FIINDONE Platform, they can opt any of three modes of Payments (PAS, FSP, and Fiindone Wallet) and can view the same in their user dashboard. Task Contract is created between the FIINDONE Professional and the registered user as soon as user will assign professional and Professional should accept the offer.
- PAS (Payment After service):- Registered user can ensure the payment via any mode of payment after service and that agreement will be between Users and Professional, Fiindone portal will just be used as a service provider. Even though the user have to pay for service charge, while assigning the job depends on professional agreement with FIINDONE. If User requests to make payment after completion of service via his preferred mode, that kind of agreement will be between user and professional and Fiindone will not be responsible/bearer in any such agreement. It is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- FSP (Fiindone Secure Service):- Registered User can use FIINDONE secure pay service via stripe, where all the financial transaction will happen between user and professional under secure environment.
(By accepting professionals offer they will Transfer the accepted amount including service charge into Stripe Account and once the job will be completed, the amount will be transfer to Professionals account)
- Wallet :- User can add up the money in the Fiindone Wallet and use that feature to pay for the Professional services
- 1.5 While make a booking and upon acceptance of a Task from both parties, the Registered User must pay the Agreed Price into the FIINDONE ACCOUNT or Stripe.
- 1.6While making a booking using FSP, & upon acceptance of the Task, FIINDONE has rendered FIINDONE Services and the Service Fee is due and payable.
- 1.7Once the Job Contract is created, the Professional and Registered User may negotiate the job Contract on the FIINDONE Platform via chat box. The Registered User and professional are encouraged to use FIINDONE’s private messaging system to amend or vary the Job Contract (including the Agreed Price) or to otherwise communicate.
- 1.8The FIINDONE Professional must perform the Services required under the Task Contract which is being accepted between both parties, including in accordance with any additional terms or conditions agreed by the parties.
- 1.9Once the services are complete, the FIINDONE Professional must provide notice of that on the FIINDONE Platform.
- 1.10Once the Services are complete, the Registered User must provide notice of that on the FIINDONE Platform.
- 1.11Once the Posted Task has been completed and the Registered User confirms the Services are completed, or if FIINDONE is satisfied the Services have been completed, the FIINDONE Professional Funds will be released from the FIINDONE ACCOUNT or Stripe
- 1.12After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the FIINDONE Platform.
- 1.13FIINDONE may provide a feature enabling Users to request Services based on another User’s skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Registered User would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the FIINDONE Professional for the Posted service.
- 1.14 Upon creation of the Task Contract, FIINDONE has rendered FIINDONE Services and the Service Fee is due and payable.
- 1.15 Once the Task Contract is created, the Professionals and User may vary the Task Contract on the FIINDONE Platform. The User and Professionals are encouraged to use FIINDONE’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
- 1.16 Once the Services are complete, the Professionals must provide notice of that on the FIINDONE Platform.
- 1.17 Once the Services are complete, the User must provide notice of that on the FIINDONE Platform.
- 1.18 Once the Posted Task has been completed and the User confirms the Services are completed, or if FIINDONE is satisfied the Services have been completed, the Professionals Funds will be released from the STRIPE Account.
- 1.19 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the FIINDONE Platform.
- 1.20 FIINDONE provide a feature enabling Users to request Services based on professionals skills, verifications or other attributes. When this occurs, that professional will be automatically notified of the new posted Task, and that the User would like the professional to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Professionals for the Posted Task.
- 1.21 FIINDONE also provide a Fiindone Search Assist feature enabling Users to submit an Offer for Services.
- 1.22 An Offer submitted by a User using Fiindone Search Assist may be notified to Professionals they can elect and make an offer on that service to make an Instant Claim of it.
- 1.23 A User may revoke or modify its Offer in using Search Assist at any time before a Professionals makes an Instant Claim. FIINDONE reserves the right to cancel all Posted Tasks made prior to the modification or amendment.
2. FIINDONE’S ROLE AND OBLIGATIONS
- 2.1 FIINDONE provides the FIINDONE Platform only; enabling Users to publish Posted Tasks and Professionals make Offers on Posted Tasks.
- 2.2 FIINDONE only permits individuals over 18 years of age to become Users.
- 2.3 Users could be natural persons or a company, and can specify within their account description that they represent a business entity.
- 2.4 At its absolute discretion, FIINDONE may refuse to allow any person to register or create an account with FIINDONE or cancel or suspend any existing account.
- 2.5 Registering and creating an account with FIINDONE is free. There is no charge for a User to post tasks, or for other FIINDONE professionals to review content on the FIINDONE Platform, including Posted Tasks.
- 2.6 FIINDONE accepts no liability for any aspect of the User and Professionals interaction, including but not limited to the description, performance or delivery of Services.
- 2.7 FIINDONE has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Professionals to perform tasks or supply items, or the honesty or accuracy of any information provided by Users or the Users’ ability to pay for the Services requested.
- 2.8 Except for liability in relation to any Non-excludable Condition, the FIINDONE 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 FIINDONE has no obligation to any User to assist or involve itself in any dispute between Users and Professionals or company, although may do so to improve User experience.
3. USER and PROFESSIONAL/ COMPANY OBLIGATIONS
- 3.1 You will at all times:
- (a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
- (b) only post accurate information on the FIINDONE Platform;
- (c) Ensure that you are aware of any laws that apply to You as a User or Professionals, or in relation to using the FIINDONE Platform.
- 3.2 You agree that any content (whether provided by FIINDONE, a User or a third party) on the FIINDONE Platform may not be used on third party sites or for other business purposes without FIINDONE’s prior permission.
- 3.3 You must not use the FIINDONE Platform for any illegal or immoral purpose.
- 3.4 You must maintain control of Your FIINDONE account and must not deal your account in any way, including by 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 FIINDONE an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the FIINDONE Platform for the purpose of publishing material on the FIINDONE Platform and as otherwise may be required to provide the FIINDONE Service, for the general promotion of the FIINDONE Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the FIINDONE Platform must not, in any way whatsoever, be potentially or actually harmful to FIINDONE or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by FIINDONE.
- 3.7 Without limiting any provision of this Agreement, any information You supply to FIINDONE or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in FIINDONE’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any FIINDONE Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
- 3.8 FIINDONE Platform may from time to time engage location-based or map-based functionality. The FIINDONE Platform may display the location of Users and Professionals to persons browsing the FIINDONE Platform. Each User will be asked to provide the street and suburb where the Services are to be delivered. A User/ Professional should never disclose personal details such as the User’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the FIINDONE Platform.
- 3.9 If you as a Professional / company, You must have the right to provide Services under a Task Contract and to work in Australia. You must comply with tax and regulatory obligations in relation to any payment (including Professionals Funds) received under a Task Contract
- 3.10 You must not, when supplying Services, charge a User any fees on top of the Professionals Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the FIINDONE Platform.
- 3.11 You must not request payments outside of the FIINDONE Platform from the User except to the extent permitted by clause 3.12 and only if the FIINDONE Platform does not facilitate the reimbursement via the STRIPE Account of costs considered in clause 3.12.
- 3.12 If a Professionals agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Professionals is solely responsible for obtaining any reimbursement from the User. FIINDONE advises Professionals not to agree to incur costs in advance of receiving the payment for these costs, unless the Professionals is confident the User will reimburse the costs promptly.
- 3.13 If FIINDONE 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 FIINDONE Service or cancel or suspend your account and/or any Task Contracts.
- 4.1 Upon the creation of a Task Contract, the users and Professionals owes FIINDONE the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the STRIPE Account.
- 4.2 If the Posted Task requires a Professionals to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
- 4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
- 4.4 All Fees and charges payable to FIINDONE are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions.
- 4.5 If FIINDONE introduces a new service on the FIINDONE Platform, the Fees applying to that service will be payable as from the launch of the service.
- 4.6 FIINDONE may set-off any Fees against any Professionals Funds or other amounts held by FIINDONE on behalf of a User.
- 4.7 FIINDONE may restrict a User’s account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
- 5.1 If:
- (a) the User and the Professionals mutually agree to cancel the Task Contract; or
- (b) following reasonable attempts by a User to contact a Professionals to perform the Task Contract, the Task Contract is cancelled;
- (c) FIINDONE is satisfied that the Agreed Price should be returned to the User,
Then, subject to clause 5.3, FIINDONE will pay the Professionals Funds held in the STRIPE Account to the User. FIINDONE may also pay to the account of the User, on behalf of the Professionals, an additional amount up to the value of the Service Fee collected in connection with the Task Contract.
- 5.2 Any amount paid by FIINDONE on behalf of a Professionals under clause 5.1 will be a debt owed by the Professionals to FIINDONE.
- 5.3 If a Task Contract is cancelled
- (a) FIINDONE will retain the Service Fee in accordance with clause 4.1; and
- (b) The cancellation will be attributed to the Professionals unless the Professionals can provide evidence to FIINDONE’s satisfaction (in its sole opinion) that the User caused the cancellation of the Task Contract.
If cancelled by the User (as determined by this clause), the User must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged when both parties have accepted the agreement and booked the Professional/ company under the relevant Task Contract .FIINDONE may agree to refund the Service Fee to the Professionals and depends if he is under monthly or yearly subscription.
- 5.4 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.
- 5.5 Following resolution of a cancelled Task Contact in accordance with clause 5.1, FIINDONE may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the User.
- 5.6 If, for any reason, the Professionals Funds cannot be transferred or otherwise made to the Professionals or returned to the User (as the case may be) or no claim is otherwise made for the Professionals Funds, the Professionals Funds will remain in the STRIPE Account until paid or otherwise for up to three months from the date the User initially paid the Agreed Price into the STRIPE Account.
- 5.7 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Professionals Funds, the Professionals Funds will be automatically converted to Stored Value and credited to the User.
6. STORED VALUE
- 6.1 Stored Value :
- (a) can be used by the credited User to pay for any new Services via the FIINDONE Platform;
- (b) are not refundable or redeemable for cash;
- (c) cannot be replaced, exchanged or reloaded;
- (d) are valid for 12 months from the last date the FIINDONE credit is topped-up, the date of issue or purchase or any expiry date applied by FIINDONE (subject to any contrary specific jurisdictional legislative requirements);
- (e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on the when the Stored Value is redeemable (for example only for a User’s first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
- (f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without FIINDONE’s prior written permission.
- 6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. FIINDONE will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
- 6.3 FIINDONE will not accept, and may refuse or cancel, any Stored Value, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and FIINDONE reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
- 6.4 FIINDONE is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by FIINDONE.
7. BUSINESS PARTNERS
- 7.1 FIINDONE may enter into agreements with Business Partners and may seek to engage Professionals in the provision of Business Services. Professionals who agree to perform Business Services for Business Partners acknowledge and agree that FIINDONE and the Business Partner may on-sell Services supplied to third parties for an increased fee.
- 7.2 Business Partners may require Professionals providing Business Services to be approved or hold particular qualifications. FIINDONE may assist Business Partners to locate suitably qualified Professionals. FIINDONE makes no warranty that it will promote any or all suitably qualified Professionals to Business Partners.
- 7.3 Business Partners may require Professionals to enter into a Business Partner Contract before providing Business Services.
- 7.4 Where a Professionals accepts
a Posted Task with a Business Partner:
- (a) the Professionals must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
- (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
- 8.1 FIINDONE may use a Stripe Provider to operate the STRIPE Account.
- 8.2 In so far as it is relevant to the provision of the STRIPE Account, the terms at www.stripe.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the STRIPE Account.
- 8.3 If FIINDONE changes its payment service provider or Stripe 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.
9. THIRD PARTY SERVICES
- 9.1 FIINDONE may from time to time include Third Party Services on the FIINDONE Platform. These Third Party Services are not provided by FIINDONE.
- 9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the FIINDONE Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- 9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- 9.4 FIINDONE makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our FIINDONE Platform, Users may inform FIINDONE of their Third Party Service experience here on Fiindone platform.
- 10.1 FIINDONE may use Identity Verification Services.
- 10.2 You agree that FIINDONE Identity Verification Services may not be fully accurate as all FIINDONE Services are dependent on User-supplied information and/or information or verification services provided by third parties.
- 10.3 You are solely responsible for identity verification and FIINDONE accepts no responsibility for any use that is made of an FIINDONE Identity Verification Service.
- 10.4 FIINDONE Identity Verification Services may be modified at any time.
- 10.5 The FIINDONE Platform may also include a User-initiated feedback system to help evaluate Users.
- 10.6 You acknowledge that verification 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 verification in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any verification with the Professionals prior to commencing the task.
- 10.7 It remains the Professionals’ responsibility to ensure that information or documentation it provides in obtaining a verification is true and accurate and must inform FIINDONE immediately if a his license and verification is no longer valid.
- 10.8 FIINDONE will not issue any verification to user or Professionals for a fee, it solely depends on user to accept the agreement. It’s Professional and company responsibility to provide the verification. Fiindone doesn’t provide any licenses after professional verification.
- 10.9 The issue of a verification to a Professionals remains in the control of FIINDONE and the display and use of a verification is licensed to the Professionals for use on the FIINDONE Platform only. Any verification obtained as a result of the issue of a Fiindone verification may not be used for any other purpose outside of the FIINDONE Platform.
- 10.10 FIINDONE retains the discretion and right to remove or block account after their verification check without notice, a Fiindone verification if Professionals are in breach of any of the terms of this Agreement, the Fiindone verification checks has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by FIINDONE.
- 11.1 FIINDONE may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the FIINDONE website when they are available. FIINDONE confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
- 11.2 FIINDONE does not represent that any insurance it acquires or which is offered via the FIINDONE Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance is required.
- 11.3 FIINDONE may also take out other insurance itself and that insurance may at FIINDONE’s option extend some types of cover to Users. FIINDONE reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the FIINDONE website and the policy details can be requested via FIINDONE. Users are responsible for familiarising themselves with these details.
- 11.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Professionals, and the insurance taken out by FIINDONE (if any) responds to that claim then this clause applies. If a claim is made against a Professionals, FIINDONE may elect to make a claim under any applicable policy and if the claim is successful, FIINDONE reserves its right to recover any excess or deductible payable in respect of the claim from the Professionals. Where FIINDONE makes a claim and the insurer assesses that the Professionals is responsible, FIINDONE is entitled to rely on that assessment. If you do not pay any excess due under this clause, FIINDONE may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
- 11.5 The Professionals acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Professionals, and the insurance taken out by FIINDONE (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. FIINDONE may elect to pay an amount to settle the claim. To the extent that the Professionals was or would be liable for the amount of the claim, the amount paid by FIINDONE may be recovered by FIINDONE from the Professionals. FIINDONE may also elect to set this amount off against future moneys it may owe to the Professionals.
- 12.1 You can complain about any comment made on the FIINDONE Platform using the ‘Report’ function of the FIINDONE Platform or contact FIINDONE via the FIINDONE Platform.
- 12.2 FIINDONE is entitled to suspend or terminate your account at any time if FIINDONE, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other FIINDONE Users.
13. LIMITATION OF LIABILITY
- 13.1 It is upon Fiindone to accept the liability in relation to breach of Non-excludable Condition, to the extent permitted by law, FIINDONE specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Users and Professionals.
- 13.2 It is upon Fiindone to accept the liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, FIINDONE specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the FIINDONE Platform.
- 13.3 It is upon Fiindone to accept the liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, FIINDONE is not liable for any Consequential Loss arising out of or in any way connected with the FIINDONE Services.
- 13.4 It is upon Fiindone to accept the liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- 14.3 FIINDONE will endeavour to permit you to transact anonymously on the FIINDONE Platform. However in order to ensure FIINDONE can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, FIINDONE reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
- 15.1 FIINDONE may modify this Agreement or the Policies (and update the FIINDONE pages on which they are displayed) from time to time. FIINDONE will send notification of such modifications to Your FIINDONE account or advise You the next time You login.
- 15.2 When you actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the FIINDONE 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.
- 15.3 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 FIINDONE who will terminate Your FIINDONE account, and stop using the FIINDONE Service.
16. NO AGENCY
- 16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind FIINDONE, its related entities or affiliates in any way whatsoever. FIINDONE confirms that all Third Party Services that may be promoted on the FIINDONE Platform are provided solely by such Third Party Service providers. To the extent permitted by law, FIINDONE 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.
- 17.1 Except as stated otherwise,
any notices must be given by registered ordinary post or by email, either
to FIINDONE’s contact address as displayed on the FIINDONE Platform, or to
FIINDONE Users’ contact address as provided at registration. Any notice
shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia.
- 17.2 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.
18. MEDIATION AND DISPUTE RESOLUTION
- 18.1 FIINDONE encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that FIINDONE may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.
- 18.2 If a dispute arises with professional, you must co-operate with the professional/ company and make a genuine attempt to resolve the dispute.
- 18.3 FIINDONE will not take part in any dispute between user and professional but if Fiindone agrees to involve then Fiindone may elect to assist user/professional resolve disputes. Any User may refer a dispute to FIINDONE. You must co-operate with any investigation undertaken by FIINDONE. FIINDONE reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Stripe Provider to make payment accordingly. You may raise your dispute with the professional/company or FIINDONE’s determination in an applicable court or tribunal.
- 18.4 FIINDONE has the right to hold any Agreed Price that is the subject of a dispute in the STRIPE Account, until the dispute has been resolved.
- 18.5 FIINDONE 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.
- 18.6 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.
- 18.7 If You have a complaint about the FIINDONE Service please contact us www.fiindone.com/contact
- 18.8 If FIINDONE provides information about other Users/professional or company to you for the purposes of resolving disputes under this clause, You must acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify FIINDONE against any claims relating to any other use of information not permitted by this Agreement.
- 19.1 Either You or FIINDONE may terminate your account and this Agreement at any time for any reason.
- 19.2 Termination of this Agreement does not affect any Task Contract that has been formed between FIINDONE Users and Professionals/ company.
- 19.3 Third Party Services are subject to Third Party Service provider terms and conditions.
- 19.4 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.
- 19.5 If your account or this Agreement are terminated for any reason then you may not without FIINDONE’s consent (in its absolute discretion) create any further accounts with FIINDONE and we may terminate any other accounts you operate.
- 20.1 This Agreement is governed by the laws of Victoria, Australia. You and FIINDONE submit to the exclusive jurisdiction of the courts of Victoria, Australia.
- 20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- 20.3 This Agreement may be assigned or novated by FIINDONE to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- 20.4 This Agreement sets out the entire understanding and agreement between the User and FIINDONE with respect to its subject matter.
MODEL TASK CONTRACT
The terms used in this Task Contract have the meaning set out in the FIINDONE Glossary. A Task Contract is created in accordance with the FIINDONE Agreement. Unless otherwise agreed, the User and the Professionals enter into a Task Contract on the following terms:
- 1 COMMENCEMENT DATE AND TERM
- 1.1 The Task Contract is created when the User accepts the professional’s Offer on a Posted Task to provide Services. When using Fiindone Search Assist, the Task Contract is created when the Professionals makes an Instant Claim.
- 1.2 The Contract will continue until terminated in accordance with clause 7.
- 2 SERVICES
- 2.1 The Professionals will perform Services in a proper and workmanlike manner.
- 2.2 The Professionals 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.
- 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 Professionals warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
- 3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.
- 4 PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Task Contract, the User must pay the Agreed Price into the STRIPE Account.
- 4.2 Upon the Services being completed, the Professionals and user will provide notice on the FIINDONE Platform.
- 4.3 The User will be prompted to confirm the Services are complete. If the Professionals has completed the Services in accordance with clause 2, the User must use the FIINDONE Platform to release the Professionals Funds from the STRIPE Account.
- 4.4 If the parties agree to cancel the Task Contract, or the User is unable to contact the Professionals to perform the Task Contract, the Professionals Funds will be dealt with in accordance with the User’s FIINDONE Agreement.
- 5 LIMITATION OF LIABILITY
- 5.1 It is upon Fiindone to accept the 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 FIINDONE and act in accordance with clause 18 of the FIINDONE Agreement.
- 7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
- (a) the Services are completed and the Agreed Price is released from the STRIPE Account;
- (b) a party is terminated or suspended from the FIINDONE Platform, at the election of the other party;
- (c) otherwise agreed by the parties or the Third Party Dispute Service; or
- (d) Notified by FIINDONE in accordance with the party’s FIINDONE Agreement.
- 8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
- 9 GOVERNING LAW
The Task Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.
“ACL” means the Australian Consumer Law.
“Agreement” means the most updated version of the agreement between FIINDONE and a User.
“Agreed Price” means agreed price for Services (including any variation) paid into the STRIPE Account made by the User but does not include any costs incurred by the Professionals when completing Services which the User agrees to reimburse.
“FIINDONE” “we” “us” “our” means FIINDONE Pty Ltd.
“FIINDONE Verification” means a verify check that may be issued to a User based on the professional meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by FIINDONE.
“FIINDONE Platform” means the FIINDONE website at www.fiindone.com, FIINDONE smartphone app, and any other affiliated platform that may be introduced from time to time.
“FIINDONE Service” means the service of providing the FIINDONE Platform.
“Badge” means an FIINDONE Badge and Verification Icon.
“Business Day” means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
“Business Partner Contract” means a contract between a Business Partner and a Professionals to perform Business Services.
“Business Partner” means the business or individual/company that enters into an agreement with FIINDONE to acquire Business Services.
“Business Services” means Services provided by a Professionals to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner’s customer).
“Cancellation Admin Fee” means the Fee payable by a User or a Professionals for cancelling a Task Contract.
“Consequential Loss” means any loss, damage or expense recoverable at law:
- (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- (b) which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL.
“STRIPE Account” means the STRIPE Account.
“Stripe Provider” means an entity that manages the STRIPE Account (which may include FIINDONE or its related bodies corporate).
“Fees” means all fees payable to FIINDONE by Users /professional and company 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, FIINDONE Verification Check and Verification Icons.
“Instant Claim” means the acceptance of an Offer by a Professionals/company via the Fiindone Search Assist function.
“Marketing Material” means any updates, news and special offers in relation to FIINDONE or its Third Party Services.
“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.
“Offer” means an offer made by a Professionals in response to a Posted Task to perform the Services or an offer made by a User for the performance of Services by a Professionals when using Search Assist.
“User” means a User that posts on the FIINDONE Platform in search of particular Services.
“Posted Task” means the User’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 FIINDONE Platform endorsing that User.
“Fiindone Search Assist” means a feature of the FIINDONE Platform whereby a User can submit specific details of a Posted Task with FIINDONE’s assistance to calculate the Agreed Price and find potential Professionals to perform the Services. This may also be referred to on the Site as “Booking Professional”.
“Service Fee” means the fee payable by the Professionals to FIINDONE as consideration for the FIINDONE Services (and comprised as part of the Agreed Price) displayed to a Professionals prior to entering into each Task Contract.
“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.
“Site” means the website at www.fiindone.com
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the FIINDONE Platform.
“Task Contract” means the separate contract which is formed between a User and a Professionals 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.
“Professionals” means a User who provides Services to Users.
“Professionals fee” means the Agreed Price less the Service Fee.
“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 FIINDONE Platform from time to time.
“User” or “You” means the person who has signed up to use the FIINDONE Platform, whether as the User, Professionals, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the FIINDONE Platform to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the FIINDONE Agreement and all Policies, except where the context otherwise requires:
- (a) the singular includes the plural and vice versa, and a gender includes other genders;
- (b) another grammatical form of a defined word or expression has a corresponding meaning;
- (c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- (d) a reference to A$, $A, dollar or $ is to Australian currency;
- (e) a reference to time is to the time in Victoria, Australia;
- (f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- (h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- (i) headings are for ease of reference only and do not affect interpretation;
- (j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- (k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
FIINDONE Pty Ltd (“FIINDONE” or “We”) manages the information that we collect from you in accordance with all applicable privacy legislation in Australia.
1. Collection and Use of Your Personal Information
FIINDONE provides a unique, innovative, community-based online outsourcing service. A failure by you to provide information requested by us may mean that we are unable to provide some or all of our services to you.
FIINDONE collects personal information when you register with and use FIINDONE. This may include, but is not limited to, your name, address, phone number, contact details, birth date, gender, credit card and account details, occupation, interests, certificate, identity check and application details for verification services. We also give you the option of providing a photo or video to be associated with your FIINDONE user ID. If your personal details change, it is your responsibility to update your FIINDONE account with those changes, so that we can keep our records complete, accurate and up to date.
You are not anonymous to us when you log into the Site or post any content (including tasks, items to be supplied, bids, comments or feedback) on the Site or any associated forum. To enable us to improve our existing services and to create new service features, FIINDONE may collect, and share with other users and service providers on FIINDONE, information about the way you use our services, including (but not limited to) the transactions you enter into on the Site, your feedback rating (including any references requested using our ‘Reference’ feature), the bids you make, the comments you post, and the transactions you enter into with our valued affiliate service providers.
- use the Site to post a task or item to be supplied, or make a bid, or comment on a bid, or provide feedback on other users; or
- otherwise communicate in a public forum on the Site,
Your user ID and all the material that you post is visible to other FIINDONE users and is also publicly available to other internet users. We strongly encourage you to use caution and discretion when posting. FIINDONE does not in any way control, and does not accept any responsibility or liability whatsoever for, the disclosure or use of personal information which is voluntarily posted by you in any publicly accessible area of the Site.
FIINDONE may also receive and record information from your internet browser and computer, including IP addresses, cookies (see section 2 below), software and hardware attributes and your page requests.
In addition to data collected from your submissions, we may also collect data on your internet behaviour from Facebook, other social media sites, and other services. If you use a location- enabled FIINDONE service, we may collect and process information about your actual location (for example, GPS signals sent by your mobile device). We may also use a range of different technologies to confirm your location.
FIINDONE may use the information collected by it to provide the FIINDONE Services, including (but not limited to):
- identification and authentication;
- to protect FIINDONE and the users of the Site;
- to customise the content and any advertising displayed on the Site;
- to provide, maintain, protect and improve our services;
- providing your information to a user with whom you have or had a contract facilitated by FIINDONE;
- as required by law, order of a court, tribunal or regulator or if FIINDONE reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement related activities;
- to develop new service features;
- to ensure that FIINDONE receives payment of the fees due to it;
- to contact you (for example, to inform you about upcoming changes or improvements to our services);
- to conduct research;
- to permit content on the Site (such as postings or third party advertisements) to be targeted, on an aggregate basis, to the users for whom it is most likely to be relevant;
- to expand our user base;
- to develop our relationships with affiliate service providers;
- to provide or arrange internal or external verification services obtained by you via the Site; and
- to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws (for example, We may show advertisers or investors trends relating to the general use of FIINDONE’s services).
Your contact information may also be used for accounting, invoicing and billing purposes, marketing purposes, by third party service providers to FIINDONE, and to respond to any enquiry you make, in some cases information we collect is transferred overseas. When you contact FIINDONE, We may keep a record of the communication(s) between you and FIINDONE to help resolve any issues you might have. If other user(s) of the Site already have your userID (or other information identifying you), and you have chosen to upload a photo or other personal information to your FIINDONE account, We may show those user(s) that personal information.
In certain circumstances We will use your email address to administer our User Agreement (for example, We may notify you of a breach, or action a request for a Take Down Notice in response to a claim of copyright infringement).
If We collect, use or disclose any information from you that is not personal information, but is sensitive information (such as information relating to police checks conducted on users of the Site), then We will seek consent directly from you each time we collect, use or disclose your sensitive information, including for direct marketing purposes. We will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.
2. Cookies and Anonymous Identifiers
If you have registered on the Site then your computer or device may store an identifying cookie or anonymous identifier, which can save you time each time you re-visit the Site, by accessing your information when you sign-in to FIINDONE.
You agree that if you change the settings on your internet browser to block or restrict cookies (including cookies associated with FIINDONE’s services), or to indicate when a cookie is being set by FIINDONE, the FIINDONE Services may not work as intended. You should remember that, while you may still be able to use the Site if your cookies are disabled, our services may not function properly on your device and you may not be able to take advantage of certain FIINDONE features.
3. Protecting and Maintaining Personal Information
Your account is protected by a password for your privacy and security. We will take all reasonable steps to protect the information We hold about you from unauthorized access, use and disclosure, however We cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software). In light of this, we cannot and do not ensure or warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk.
You are entirely responsible for maintaining the security of your passwords and/or account information.
4. Third Parties
Third-party vendors, including Google, may show FIINDONE ads on sites across the Internet.
When you register on the Site you may be given the opportunity to elect (“opt-in”) to receive updates on our latest services, news and special offers, and those of our valued affiliate service providers (“Marketing Material”), via your FIINDONE account, personal e-mail address, post or telephone. If you conclude a transaction on the Site, you may also be given the opportunity to opt- in to receive Marketing Material from FIINDONE and our valued affiliate service providers.
Once you opt-in to receive Marketing Material, You may, at any time, opt-out of receiving Marketing Material. To opt-out go to the ‘Manage Account’ link on the Site, choose ‘Settings’, then ‘Alerts’ and update your preferences. You can also click on the “unsubscribe” link in any email containing Marketing Material that We send you, or you can request an opt-out by emailing FIINDONE using the contact information provided on the Site. If you no longer consent to receiving Marketing Material then you must opt-out in one of these ways.
FIINDONE uses Remarketing with Google Analytics to advertise online. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
Marketing FIINDONE and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on someone’s past visits to the FIINDONE website.
Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
6. Administrative Communications
FIINDONE reserves the right to send you administrative and account-related messages that you may not opt-out of. To cease all communications to you from FIINDONE you must close down your FIINDONE account.
7. Accessing Personal Information
We will allow you, at any time, to access, edit, update and/ or delete the personal information that We hold about you, unless:
- We are legally permitted or required to deny you access to, and/ or to retain, the information; or
- you make request(s) that are unreasonably repetitive, require FIINDONE to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with.
If you wish to access the personal information We hold about you, or to delete your FIINDONE account, you should contact us
We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from our services, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted.
8. Privacy Concerns
We’re passionate about connecting people ready to work with people who need work done. As FIINDONE continues to grow it’s important that the community follows guidelines that reflect our values and standards of behaviour. We work hard to enforce these guidelines so that we can maintain our authenticity and transparency, so that everyone has an enjoyable experience.
FIINDONE is here to help facilitate a reliable, safe and successful environment and is here to help resolve issues should they arise. In return, we ask for your cooperation and timely response to the FIINDONE team. If you suspect a member has violated any Fiindone guidelines please report it to FIINDONE ASAP.
This document will continue to change as we grow and continue to think about what’s best for the FIINDONE community. Revised April 2019 copyright FIINDONE ACN 145 391 564