By completing the user registration process you agree to be bound by the terms and conditions below.
Before you begin to use the services on the website we need to outline to you for you to read and understand, the terms and conditions of your use of the website and Service Seeking services.
The Terms and Conditions (as published on the website) together with any additional terms, conditions, notices and disclaimers published on the website and any documents available for download on the website (Terms and Conditions) regulate your use of the website and Service Seeking services.
Through your use of the website and Service Seeking services, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the website.
Please take time to review this document. If you use or continue to use the website and/or services provided by Service Seeking you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by Service Seeking or any authorised officer, agent, employee or contractor of Service Seeking to the Terms and Conditions from time to time.
All terms and conditions that govern your use of the website (including disclaimers) may be amended by Service Seeking from time to time by posting those amendments on the website without any notice to you. Those amendments apply to your next usage of the website. You are responsible for ensuring that you regularly review the website and these Terms and Conditions. Your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.
If you object to any of the Terms and Conditions or any subsequent changes to them, or become dissatisfied with your use of the Service Seeking service in any way, your only remedy is to immediately stop using the services of Service Seeking and the website.
A link to this Terms and Conditions Agreement is published on every page of the website.
The ServiceSeeking.com.au website is owned and operated by Service Seeking Pty Ltd (ABN 37 124 055 465) (Service Seeking).
Service Seeking own and operate other websites hosted on domain names other than ServiceSeeking.com.au. By completing the user registration process on any site owned and operated by Service Seeking you agree to be bound by these terms and conditions.
A link to this Terms and Conditions Agreement will be published on the user registration forms on all websites owned and operated by Service Seeking (website).
From time to time the website will generate automated emails to registered users, or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the Service Seeking website.
If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (Outside Sites) are not controlled by Service Seeking and do not form part the Service Seeking website and agree that you will not hold Service Seeking liable or in any way accountable for anything that occurs on Outside Sites
The Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to the website will be governed by the laws of New South Wales, Australia.
The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.
Service Seeking and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.
Service Seeking does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.
Service Seeking disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.
You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.
Information on the website is for general information only.
As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.
As a condition of your use of the website or any service provided by Service Seeking, you warrant to Service Seeking that you will not use the website of any Service Seeking service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
Whilst not an exhaustive list, you agree not to:
Service Seeking has no obligation to monitor your or anyone else's use of the website. However, Service Seeking reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
As a user of the website, you indemnify Service Seeking for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions or any other legal obligation by you or your use of or conduct on the website.
Service Seeking excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Service Seeking's liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Service Seeking's option, to the re-supply of the relevant Service Seeking service or a refund in accordance with the Refund Policy published below.
As a user of the website, you expressly agree and acknowledge that in no circumstances will Service Seeking be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Service Seeking) which result from:
Excluding liability for negligence the maximum liability of Service Seeking is equivalent to the total of any amounts you have paid to Service Seeking in respect of goods or services supplied to you by Service Seeking or $500, whichever is less.
By using the website you agree to abide by and acknowledge the following disclaimer.
Service Seeking are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.
We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actual complete a transaction or act lawfully in using the website.
Service Seeking cannot and does not confirm each business user's purported identity.
In the event that you have a dispute with one or more users of the website, you release Service Seeking (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
Service Seeking sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.
You acknowledge and release Service Seeking in the event that you deal with underage persons or people acting under false pretense.
You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that Service Seeking have no responsibility for the legality of the actions of users of the website or Service Seeking services.
You indemnify and release Service Seeking and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.
You and Service Seeking are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the website or Service Seeking services.
Service Seeking reserve the right to modify or delete any general information you submit to the website in order to enhance the services we provide to you and other Service Seeking users.
To become a member of Service Seeking, you will nominate a username and password. Your username must be a valid email address.
You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.
You must notify Service Seeking immediately by email to email@example.com if you become aware of any unauthorised use of your username and password.
Each username and password must be used by a single individual and is not transferrable.
Service Seeking reserves the right to record phone calls between you and Service Seeking employees or Service Seeking agents for training purposes.
Service Seeking collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.
In general, the personal information Service Seeking collects includes (but is not limited to) name, address, contact details, drivers licence, passport and, where relevant, financial information, including credit card information, banking details and income information.
Service Seeking stores the personal information you enter on the website. Service Seeking obtains most personal information through the website registration process outline above. You may, however, provide information through a variety of different means (for example if you contact Service Seeking via email, respond to a survey published on the website or third party survey used by Service Seeking, or answering questions asked by staff or agents of Service Seeking over the phone).
Service Seeking may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Service Seeking generally uses personal information to:
Service Seeking may use and disclose information relating to a user's racial or ethnic origin, membership of political bodies, religion, membership of a trade union or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless the user has agreed otherwise.
Oliver Pennington has been appointed privacy officer to oversee the management of personal information in accordance with the Terms and Conditions and the Commonwealth Privacy Act.
Service Seeking protects the personal information Service Seeking holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and data encryption.
Service Seeking may retain any personal information you provide during your use of the website, including, but not limited to, copies of identification documents, for a minimum period of 12 months after your last interaction with the website. After 12 months Service Seeking will delete, or anonymise, on your request, specific personal information from our servers, files, and databases, unless Service Seeking are required by law to retain that information.
Service Seeking endeavours to ensure the personal information it holds is accurate, complete and up-to-date. You can update your personal information by sending an email to firstname.lastname@example.org
You have the right to seek access to the personal information Service Seeking holds about you and to advise Service Seeking of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
If you make an access request, Service Seeking will ask you to verify your identity and specify what information you require. Service Seeking may charge you a fee to cover the costs of meeting your request.
Service Seeking allows users of the website to rate and comment on the performance of Service Seeking business users whose business services they have either contracted, or have experienced in the course of evaluating the business user's suitability for a job.
Service Seeking reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.
Service Seeking reserves the right to delete or modify feedback submitted on the website at any time for any reason.
Service Seeking will delete or modify if it is clear that, in the opinion of Service Seeking, the feedback is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.
Service Seeking reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website.
In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Service Seeking accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms and Conditions, release forever and indemnify Service Seeking from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the Service Seeking website.
Further you agree that, if you or anyone else commences or threatens any action or proceeding against Service Seeking or makes any claim or demand against Service Seeking as a result of any feedback you submit to the website, Service Seeking may, in it's absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
Service Seeking charges registered businesses, where applicable, a fee based on the value of the payment from a customer to a business. This fee covers the costs associated with running the website, including but not limited to marketing, administration, customer support and dispute resolution.
The success fee is based on a percentage on the payment from customer to business. Where a payment is of very low value or very high value, Service Seeking may charge a minimum or maximum success fee instead of a percentage. Currently the Minimum payment is $18 (including GST) and the Maximum payment is $297 (including GST). ServiceSeeking.com.au reserves the right to alter the minimum and maximum Success Fee payments at any time.
The right to send quotes under our success fee model is only offered to businesses that win 5% of jobs they quote on, measured over a rolling 90 day period.
Service Seeking will notify you regularly by email of your current win rate. If your win rate falls below 5%, Service Seeking has discretion to switch you to a monthly or yearly membership, priced based on your industry and location or remove you from the website, subject to our Refund Policy.
Service Seeking requires that customers pay businesses through the Service Seeking secure payments system for work completed arising from a job posting submitting on ServiceSeeking.com.au. Where this is not possible, or both customer and business agree to transact not through the Service Seeking secure payments system, the business must:
In respect of which method the customer should use to make a payment, the business must not:
Where Service Seeking in its sole discretion believes these terms have been breached, or that a business has otherwise provided false information to Service Seeking about the date or value of a payment made to them by a customer, the business will be banned from using Service Seeking and the business’ access to their account, Profile, customer information and reviews immediately terminated.
Service Seeking charges an Admin Fee where resources have been spent to find out about a Success Fee owed to Service Seeking by a business. This fee will be charged to the business in addition to the relevant Success Fee. The Admin Fee will be triggered when a customer lets Service Seeking know, via phone, email or SMS, that they paid a business offline more than 7 days ago, provided that the business has not already reported the payment to Service Seeking.
Without limiting other remedies available to Service Seeking at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:
Service Seeking may at its discretion terminate your use or, or access to, the website at any time. If this happens we may notify you by email. If your use of the website is terminated:
Service Seeking make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users of the website according to the following policy:
Service Seeking will use reasonable endeavours to mediate any dispute concerning the use by parties of the website.
Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
Business users of the website may have their access to the website and Service Seeking services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:
Users of the website that pay for membership (paying businesses) are entitled to contact, and offer quotes to, other website users who have submitted a job listing on the website matching the paying business' industry and geographic settings.
Paying businesses can cancel their membership at any time calling their Account manager or 1300 304 647 during Sydney Business hours at least 2 business days before the next billing date indicated on the account. They can also email email@example.com from the email address they use as their username to access the site.
Paying businesses that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.
Paying businesses who are billed on a recurring cycle will not be charged further provided they cancel online or advise Service Seeking of their intention to cancel their membership before 5pm on the last business day before their next membership payment is due. Service Seeking will publish the date of the next upcoming charges for recurring payments on the website within a paying business' user account.
Paying businesses can access the quoting and messaging facilities on the website. Paying businesses agree that membership is non-refundable at the time that payment is made.
If you are dissatisfied with the website or Service Seeking services you are free to discontinue using the website, and as such membership fees or other payments you have made to Service Seeking are not subject to refunds.
Business members who buy Certification are not entitled to a refund if they are unable to complete our Training and Certification course or if they stop using the website.
In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Service Seeking.
Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to Service Seeking in the first instance.
Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. Service Seeking may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. Service Seeking may contract a debt collection agency or use other legal means to recover unauthorised refunds. Service Seeking may charge you interest plus any costs we incur as a result of collecting your payment.
Paying businesses can pay to complete a training course and examination set by Service Seeking and become a certified business.
If a business user pays for certification services and completes any examinations to a standard set by Service Seeking in its sole, Service Seeking will differentiate that paying business from other paying businesses for the length of time that they choose to remain "Certified".
Service Seeking may use any appropriate icons, images or text on the business profile and in quotes submitted by a certified business to differentiate them from a business user who has not been certified. Service Seeking may modify the icons, images or text used to differentiate certified businesses on the website at any time.
If a business user pays for certification but does not complete the certification examinations to the standard of achievement set by Service Seeking, they are not entitled to receive a refund for the certification payment in any month.
A business who pays for certification can make an unlimited number of attempts to complete the certification examinations up until the time they reach the standard of achievement set by Service Seeking.
Service Seeking may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.
Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
If Service Seeking run promotions or competitions involving the awarding of prizes or other gifts, Service Seeking may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.
Service Seeking may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. Service Seeking does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website.
If you contact a third party through the website, including via email, Service Seeking accepts no responsibility for any actions taken by that third party in connection with you as the user.
ServiceSeeking.com.au from time to time offer promotions to its customers from ZIP Money Pty Ltd. Any offer provided by ServiceSeeking.com.au will adhere to ZIP Money Pty Ltd terms and conditions as outlined at Zip Money.
Except as explicitly stated otherwise, any notices shall be given by facsmilie to Service Seeking on the following number +612 8088 1167
As a business member of ServiceSeeking.com.au you'll need to confirm your identity if you continue to quote on work for more than 2 days after first registering. If you can't confirm your identity by then you won't be entitled to a refund.
Only one free trial is to be granted per customer per 12 month period. A customer is identified by either their ABN, phone number, business name or drivers license number. No customer with the same identification can sign-up for more than one free trial per 12 month period. The length of the free trial is currently 30 days but can change at ServiceSeeking.com.au sole discretion.
We use the Front-end Framework Twitter Bootstrap. Thanks guys!!!
The Service Seeking® website is © Copyright Service Seeking Pty Ltd 2016.
Definitions: In these Terms and Conditions, unless the context otherwise requires;
Interpretation: In these Terms and Conditions:
By using the Payment Service you agree to be bound by these Terms and Conditions.
The parties acknowledge that the Payment Service operates as described on the website at ServiceSeeking.com.au.
Use of the Payment Service is subject to these Terms and Conditions.
You may use the Payment Service in the way described on ServiceSeeking.com.au.
In order to use the Payment Service to pay for services by credit card, you must:
In order to use the Payment Service to receive credit card payments, you must:
Your use of the Payment Service may be cancelled:
You agree not to use the Payment Service to pay a third party or to receive payment on behalf of a third party and the use of the Payment Service in this way will result in your use of the Payment Service being cancelled immediately.
If you pay an invoice through the Payment Service for an amount above $500, Service Seeking may require proof of your identity including a scanned copy of the credit card that you used to pay the invoice and your drivers licence as well as a signed credit card authority which will be supplied to you after your payment is received and prior to that payment being sent to the intended recipient.
Acknowledgment: You acknowledge that:
Your obligations, where relevant, include to:
Data Security Standards
If you use the Payment Services to receive credit card payments:
Your duties to Cardholders: If you use the Payment Services to receive credit card payments and subject to the other provisions of this Agreement, you must:
Assistance to Cardholders: For the avoidance of doubt, Service Seeking is not responsible for, nor required to provide support or any assistance to, a Customer.
Recurring Transactions: You may only process a Transaction as a recurring Transaction if You:
Service Seeking’s obligations include to:
Service Seeking make no representations or warranties about the suitability of the Payment Service for your purposes.
You acknowledge that:
Acknowledgment of Bank’s Services: You and Service Seeking each acknowledge that, by separate agreement made between Service Seeking and the Banks, the Banks have agreed to provide the Bank Services to Service Seeking in connection with the provision by Service Seeking of the Payment Services and you acknowledge and agree that:
This clause applies if you accept Payment instructions directly from the Cardholder. You must:
For remote Transactions, You must:
Unless Service Seeking have agreed that Service Seeking will provide the Transaction Receipt to the Cardholder, you must give the Cardholder a copy of the Transaction Receipt for each Transaction, but you must not charge a fee for doing so.
If you are notified that you must prepare the Transaction Receipt, You must ensure the information contained in the Transaction Receipt:
A Transaction is not valid if:
Transaction for a sale or refund is not acceptable if:
You acknowledge and agree that the Banks may:
Reporting: You acknowledge and agree that:
Card Scheme Logo and Trademark Acknowledgment: You acknowledge and agree that:
You represent and warrant that:
The Engagement commences on the Execution Date and continues until terminated in accordance with clause 17.
Service Seeking may terminate this Agreement or suspend your rights under this Agreement or any part of it at any time if:
Termination: Service Seeking or you may terminate this Engagement:
Accrued Liabilities:: Each party will retain any rights it may have against the other party in respect of any accrued liability or any breach or non-observance of these Terms and Conditions arising or occurring prior to the expiration or termination of the Engagement.
Immediate Cancellation: This Agreement will terminate automatically and immediately if Service Seeking’s registration as a payment service provider with all Card Schemes is cancelled or if Service Seeking agreement with all of the Banks for the provision of merchant services is terminated for any reason.
You acknowledge that Service Seeking will disclose termination of this agreement for any reason to the Banks and you authorise the Banks to disclose to any Card Scheme advice of termination of this Agreement and the reasons for the termination. You acknowledge that the information concerning termination of this Agreement then becomes available to any member of the Card Schemes. This information, available to any member of the Card Schemes, may be used in assessing subsequent applications for merchant facilities.
This clause 17 survives termination of this Agreement.
Non inference: You cannot infer from the fact that a Cardholder has been issued with a nominated Card, or that a Transaction has been processed or an authorisation has been given, that Service Seeking have guaranteed:
You may not assign or charge your rights under this Agreement without Service Seeking’s prior written consent.
You acknowledge that Service Seeking may only provide the Payment Services to you under this Agreement where you:
In addition to any other right to terminate or suspend the Payment Service, Service Seeking may immediately cease to accept Transactions under this Agreement where you fail to satisfy the above requirements.
ServiceSeeking.com.au takes several steps to prevent unauthorised disclosure or modification of sensitive information, including:
If a party (" GST Supplier ") makes a supply to another party (" GST Recipient ") in connection with the Engagement, the GST Recipient must pay the GST Supplier an amount equal to any GST payable by the GST Supplier in relation to that supply ("GST Amount"), unless the amount payable by the GST Recipient for that supply is already expressed to be inclusive of GST.
The GST Amount must be paid at the same time and in the same manner as making payment of any monetary consideration on which the GST is calculated. If the GST Amount is not calculated on monetary consideration, the GST Recipient must pay the GST Amount within seven (7) days of receipt of a written demand from the GST Supplier.
The GST Recipient's obligation to pay the GST Amount is conditional on the GST Supplier providing the GST Recipient with a tax invoice that complies with the Relevant Law. The GST Supplier must do all other things reasonably requested by the GST Recipient to enable the GST Recipient to obtain any input tax credit to which it is entitled.
The amount recoverable on account of GST under this clause 23 will include any fines, penalties, interest and other charges incurred as a result of late payment or other default by the GST Recipient.
If a party is required to pay, reimburse or indemnify another party for any cost, expense or other amount that the other party has incurred or will incur in connection with this Agreement, that amount will be reduced by any part thereof for which the other party (or representative member if this is not the other party) can claim an input tax credit.
Each job posted on ServiceSeeking.com.au is eligible to benefit from the Service Seeking $1,000 Cover program (the "$1,000 Cover"), the terms, limitations and conditions for which are set forth below (the "Service Seeking Cover Terms"). Please read these Service Seeking Cover Terms carefully.
You acknowledge and agree that, by posting a job on Service Seeking, you are indicating that you have read, and that you understand and agree to be bound by, these Service Seeking Cover Terms. If you accept and agree to these Service Seeking Cover Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Service Seeking Cover Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
You must comply with all of the requirements and conditions in the $1,000 Cover to be eligible to receive any payments for Covered Losses (Defined Below). Your failure to fully comply with the Service Seeking Cover Terms will prevent your recovery for any Covered Losses.
Please carefully review the definitions of "Key Defined Terms" so that you may identify and protect property not covered by the $1,000 Cover.
Service Seeking agrees to pay you, as a Customer, to repair or replace your Covered Property damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions and conditions in the $1,000 Cover.
The following terms have the following meanings, which apply to all Service Seeking websites and applications, including the desktop and mobile versions of ServiceSeeking.com.au, and the Android and Apple applications of ServiceSeeking.com.au:
"Actual Cash Value" means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.
"Covered Losses" means and is limited to direct physical loss or physical damage incurred by a Customer to Covered Property of such Customer caused by the Business while working at the Covered Property hired by such Customer.
"Covered Property" means and is limited to the following property, to the extent of your interest in such estate constitutes Excluded Property (as defined below):
"Excluded Property" means any of the following:
"Business" means a business user on Service Seeking who has completed Service Seeking’s account registration process, has agreed to the Service Seeking Terms of Service, and who is hired by a Service Seeking Customer to work on, at, or in a Covered Property.
"Limit" means one thousand Australian Dollars (AU $1,000).
"Job" means a job that is listed by a Customer as available for bidding by a Business via ServiceSeeking.com.au
"Ordinary Wear and Tear" means the deterioration in condition of property that occurs under normal use and conditions.
The Service Seeking Cover pays Covered Losses only and does not pay for any of the following "Excluded Losses":
In order to be eligible to obtain payment under these Service Seeking Cover Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.
Service Seeking Cover Claim Form
Service Seeking will complete its processing of any Service Seeking Cover Claim Form you file within a reasonable period following the date you have (a) completed and filed a Service Seeking Cover Claim Form, and (b) provided Service Seeking with all information and materials that you are required to provide to comply with the conditions above. In any event, we will use commercially reasonable efforts to complete processing of your Service Seeking Cover Claim Form within three (3) months after our receipt of such documents and information.
If you have filed a Service Seeking Cover Claim Form and such a payment request is approved in whole or in part for a Covered Loss ("Approved Claim"), you will be paid the amount of the Covered Loss as calculated by Service Seeking. The process for such calculation of Covered Losses is described under "Determination of the Amount of the Covered Loss" below. You will be notified by Service Seeking.
Determination of the Amount of the Covered Loss
The amount of Covered Losses will be calculated as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:
You are not an insured or other third party beneficiary under the Service Seeking Cover. To the extent you desire additional protection beyond the coverage afforded by the Service Seeking Cover, Service Seeking strongly encourages you to purchase separate insurance that will cover you and your property for losses caused by a Business in the event Service Seeking declines coverage for claims under the Service Seeking Cover or your loss is not otherwise covered by the Service Seeking Cover.
You acknowledge and agree that:
You acknowledge and agree that if you make a claim under this Cover, you give Service Seeking consent to review all communications between you and the Business.
Service Seeking reserves the right, at any time, to offset or deduct from the amounts payable or paid by Service Seeking to you under these Service Seeking Cover Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.
Service Seeking reserves the right to modify or terminate these Service Seeking Cover Terms, at any time, in its sole discretion, and without prior notice. If Service Seeking terminates these Service Seeking Cover Terms in accordance with the foregoing, Service Seeking will continue to process all Service Seeking Cover Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Service Seeking Cover Payment Request Forms will immediately terminate. If Service Seeking modifies these Service Seeking Cover Terms, we will post the modification on ServiceSeeking.com.au or provide you with notice of the modification and Service Seeking will continue to process all Service Seeking Cover Payment Request Forms that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application or Services as a Customer after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Service Seeking Cover Terms. If the modified Service Seeking Cover Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Customer.
In addition to and without limiting Service Seeking’s rights set forth above in the immediately preceding paragraph, Service Seeking reserves the right to modify or terminate these Service Seeking Cover Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Service Seeking Cover Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Service Seeking is required to obtain a license or permit of any kind to continue to provide these Service Seeking Cover Terms in any jurisdiction; or (iii) Service Seeking determines or a court or arbitrator holds that the provisions of these Service Seeking Cover Terms violate applicable law. If Service Seeking modifies or terminates these Service Seeking Cover Terms in accordance with the foregoing, Service Seeking will process all Service Seeking Cover Claim Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
Service Seeking’s obligations are contingent upon the availability of insurance proceeds under the Service Seeking Cover. The applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Business provided a quote on the applicable Job or the date on which the Customer created the Job. If the policy terms and conditions change in any material respect between the date of the Job and the first date of the commencement of work by the Business, Service Seeking will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.
If you choose to use ServiceSeeking.com.au as a Customer, you do so at your own risk. The Service Seeking Cover is provided "as is", without warranty of any kind, either express or implied, without limiting the foregoing, Service Seeking explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment and any warranties arising out of the course of dealing or usage of trade, Service Seeking makes no warranty that the Service Seeking Cover will meet your requirements, no advice or information, whether oral or written, obtained from Service Seeking of written through the Site, Application, or Services will create any warranty not expressly made herein.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application and services, and your listing of any jobs via the site, application and services remains with you. Neither Service Seeking nor any other party involved in creating, producing, or delivering the Site, Application and Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for (1) personal or bodily injury or emotional distress arising out of or in connection with these Service Seeking Cover Terms, (2) from the use of or inability to use the Site, Application or Services, (3) from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, or (4) from your listing of any job via the Site, Application and Services. Service Seeking will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Service Seeking has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for Service Seeking’s obligation to pay amounts to you pursuant to an Approved Claim under these Service Seeking Cover terms, in no event will Service Seeking’s aggregate liability arising out of or in connection with (a) these Service Seeking Cover Terms; (b) your use of or inability to use the Site, Application and Services including, but not limited to, posting a Job (c) your interactions with any other members, exceed the amounts paid by Service Seeking to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Service Seeking and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you.
You agree to release, defend, indemnify, and hold Service Seeking and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Service Seeking Cover and these Service Seeking Cover Terms.
If you rent (rather than own) the Covered Property where you hired a Business to commence work, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Covered Property.
These Service Seeking Cover Terms constitute the entire and exclusive understanding and agreement between Service Seeking and you regarding the Service Seeking Cover and these Service Seeking Cover Terms, and supersede and replace any and all prior oral or written understandings or agreements between Service Seeking and you regarding the Service Seeking Cover.
Waiver and Severability
The failure of Service Seeking to enforce any right or provision of these Service Seeking Cover Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Service Seeking. Except as expressly set forth in these Service Seeking Cover Terms, the exercise by either party of any of its remedies under these Service Seeking Cover Terms will be without prejudice to its other remedies under these Service Seeking Cover Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Service Seeking Cover Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Service Seeking Cover Terms will remain in full force and effect.
If you have any questions about these Service Seeking Cover Terms, please send us an email to firstname.lastname@example.org