General Questions


Registration

By completing the user registration process you agree to be bound by the terms and conditions below.

Terms and Conditions

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.

ServiceSeeking.com.au & other Service Seeking websites

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

Applicable Law

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.

General Information Only

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.

Your Conduct

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:

  1. use the website to offend others (which shall be judged in the absolute opinion of Service Seeking);
  2. publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Service Seeking);
  3. engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website;
  4. use automated scripting tools or software;
  5. make available, using the website, any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website;
  6. use the site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of Service Seeking.

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.

User Indemnity

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.

Limitation of Liability

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:

  1. the use or access to or any inability to use or access the website or any material on the website;
  2. unauthorised access to your user account, or internet transmissions or data; or
  3. statements or conduct of any third party on the website.

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.

Disclaimer

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.

Warranty

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.

Indemnity

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.

No Agency

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.

User Information

As a user of the website you must provide Service Seeking with complete, up to date and accurate information as requested and it is your responsibility to inform Service Seeking of any changes to that information. All personal information you provide to Service Seeking as a user will be treated in accordance with the Personal Information & Privacy Policy shown below.

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.

Username & Password

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 support@serviceseeking.com.au 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.

Phone Recordings

Service Seeking reserves the right to record phone calls between you and Service Seeking employees or Service Seeking agents for training purposes.

Personal Information & Privacy

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).

The website uses cookies which contain information by which Service Seeking can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by Service Seeking including, but not limited to, third parties providing analytical and advertising services. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. Service Seeking may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused advertising that Service Seeking believes may be of interest, based on that information. You can disable cookies through your Internet browser.

Service Seeking endeavours to collect personal information about an individual only from that individual. In some circumstances Service Seeking may obtain personal information from a third party or check your details against records kept by other parties. If you provide personal information about another person to Service Seeking, Service Seeking requires that you inform that person you have done so and provide them a copy of this Personal Information & Privacy policy.

How Service Seeking uses your Personal Information

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:

  1. personalise and customise your experience on the website;
  2. help Service Seeking manage and enhance its services;
  3. communicate with you by email, SMS message or telephone; and
  4. provide you with ongoing information about opportunities on the website which Service Seeking believes you may be interested by email, SMS message or telephone.
Disclosure of Personal Information

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.

Management & Security of Personal Information

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.

Updating Personal 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 support@serviceseeking.com.au

Accessing Personal Information

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.

Licence to Use Your Information

Solely to enable Service Seeking to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that Service Seeking can use that content in any way, now and in the future. Service Seeking also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law within New South Wales or Australia. You indemnify Service Seeking against any and all legal fees, damages and other expenses that may be incurred by Service Seeking as a result of a breach of this warranty. Service Seeking will only use your information in accordance with our Personal Information & Privacy Policy.

Feedback Ratings & Comments

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, does not relate to the provision of business services by the business to the user who submitted feedback, or is for a business that has since been sold to or taken over by new management. Feedback may also be deleted if the business in question performed the service for the customer more than six months prior to leaving 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.

Payments from Customers to Businesses - applies from 1 May 2016

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:

  1. Provide a written receipt to the customer showing the payment received, the business’ ABN and any applicable GST;
  2. Provide such receipt within 7 days of receiving the payment;
  3. Report the correct payment value and date to Service Seeking within 7 days of receiving the payment via the Quotes section (self-reporting or Fast Feedback);
  4. Agree that such a report will be audited by Service Seeking to ensure the correct payment value and date was reported;
  5. Agree to provide a copy of the receipt given to the customer to ServiceSeeking where requested by Service Seeking.

In respect of which method the customer should use to make a payment, the business must not:

  1. Pressure or coerce the customer into paying outside Service Seeking;
  2. Offer a lower price than quoted if the customer pays outside Service Seeking;
  3. Charge a higher price than quoted if the customer pays online through Service Seeking;
  4. Ask or require the customer to hide from Service Seeking that the business was paid;
  5. Ask or require the customer to provide false information to Service Seeking about the date or value of the payment.

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.

Breaching Our Terms and Conditions

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:

  1. you breach these Terms and Conditions or Personal Information & Privacy policy;
  2. we are unable to verify or authenticate any information you provide to us; or
  3. we believe your actions may cause legal liability to you, Service Seeking users or Service Seeking.
Termination of User's Account with Service Seeking

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:

  1. you are no longer authorised to access the website or use any other Service Seeking services with the email address you used to register with the site or any other email address you possess;
  2. you will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and
  3. all licences granted by you and all disclaimers by Service Seeking and limitations of Service Seeking's liability set out in the Terms and Conditions or elsewhere on the website will survive.
Customer Support & Complaints Policy

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:

  1. Service Seeking will attempt to resolve any customer complaints and answer any questions within 1 business day of the first contact made by a customer by email to support@serviceseeking.com.au
  2. All complaints and enquiries are logged and managed by the Service Seeking Customer Relationship Management software.
  3. Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or Service Seeking business practices.
  4. All other complaints are reviewed by Service Seeking customer support representatives and may be escalated to a manager for resolution if required.
  5. Service Seeking reserves the right not to respond to customer support questions or complaints that offend Service Seeking employees or agents.
  6. Service Seeking reserves the right not to respond to questions or complaints made by individuals who, in the opinion of Service Seeking, are not current users of the website, or have been suspended from using the website.
Dispute Resolution 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.

Suspension and Termination of Business User Accounts

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:

  1. providing false or inaccurate information during business registration or when quoting on the website;
  2. providing false or inaccurate information to Service Seeking employees or agents;
  3. receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you're out policy);
  4. acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of Service Seeking; and,
  5. submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.
Cancellations of Paid Business Memberships

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 support@serviceseeking.com.au 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.

Refunds Policy

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.

Certification

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.

Updates to the Website

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.

Arbitration

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.

Promotions & Competitions

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.

ZIP Money Pty Ltd Financial Conditions

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.

Notices

Except as explicitly stated otherwise, any notices shall be given by facsmilie to Service Seeking on the following number +612 8088 1167

Identity Check

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.

Free Trials

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.

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We use the Front-end Framework Twitter Bootstrap. Thanks guys!!!

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Definitions and Interpretation

Definitions: In these Terms and Conditions, unless the context otherwise requires;

  1. Agreement Dispute has the meaning given in clause 25;
  2. Application Form means an online form prescribed by Service Seeking to be used by you, which will request the information that is required for the capacity in which you use the Payment Service;
  3. Authorisation means:
    1. an authorisation, consent, right, certificate, licence, permit, declaration, exemption, notarisation or waiver, however described (including any renewal or partial renewal); and
    2. any authorisation or consent regarded as given by a Government Agency where, in relation to something that can be prohibited or restricted by law if the Government Agency takes action within a specified period, that period expires without that action being taken.
  4. Banks means the financial institution(s) with which Service Seeking has entered into arrangements to provide the Bank Services;
  5. Bank Services means the merchant acquiring services provided by the Banks to Service Seeking for the acceptance and processing of Card Transactions;
  6. Banking Day means a day on which banks are open for general banking business in Melbourne, Australia except for Saturdays, Sundays and national public holidays;
  7. Card means a card that has been designated by the issuer as a card issued by a Card Scheme as advised by the Banks;
  8. Cardholder means the Person in whose name the Card has been issued;
  9. Card Schemes means, unless otherwise agreed by the parties, issuers of Visa, MasterCard, American Express, JCB (Japan Credit Bureau), Diners Club, and UnionPay;
  10. Card Scheme Rules means the rules and regulations which regulate participants in the Card Schemes;
  11. Chargeback is the reversal of a sales Transaction;
  12. Controller means, in relation to a Person:
    1. a receiver, receiver and manager, administrator or liquidator (whether provisional or otherwise) of that Person or that Person's property; or
    2. anyone else who (whether or not as agent for the Person) is in possession, or has control, of that Person's property to enforce an Encumbrance;
  13. Corporations Act means the Corporations Act 2001 (Cth.);
  14. Customer means a customer of Yours who wishes to purchase goods or services from, or otherwise make a Payment to You;
  15. Data Breach means any occurrence which results in the unauthorised access by a Third Party to confidential data relating to Card Transactions stored by You or any entity engaged by You to provide storage or transmission services in respect of that data;
  16. Data Security Standards means the Payment Card Industry Data Security Standards ("PCIDSS") mandated by the Card Schemes for the protection of Cardholder details and Transaction information, and any additional or replacement standards of which You are advised from time to time;
  17. Disclosing Party has the meaning given in clause 27;
  18. Disclosing Party's Information has the meaning given in clause 27;
  19. Dispute has the meaning given in clause 5;
  20. Dispute Notice has the meaning given in clause 25;
  21. Encumbrance means an interest or power reserved in or over an interest in an asset, including any retention of title;
    1. an interest or power created or arising in or over an interest in an asset under a bill of sale, mortgage, charge, lien, pledge, trust or other similar instrument, device or power; or
    2. any other adverse right, title or interest of any nature, by way of security for the payment of a debt or the performance of any other obligation, and
    3. includes any agreement or arrangement (whether legally binding or not) to grant or create any of the above;
  22. Engagement means the engagement of Service Seeking by You to provide You with access to the Payment Service in accordance with these Terms and Conditions;
  23. Execution Date means the date you register for the Payment Service;
  24. Force Majeure Circumstance means, in respect of a Person, any circumstance or event which, despite using all reasonable endeavours, that Person is unable to control, including any act of God, flood, fire, damage caused by lightning, storm or tempest, rains falling during normal dry seasons, industry-wide strikes, or industry-wide lockouts or other industry-wide industrial disturbances, acts of war or terrorism, civil disturbance or any government enactments;
  25. GST means goods and services tax imposed under the A New Tax System (Services and Services Tax) Act 1999 (Cth.);
  26. GST Amount has the meaning given in clause 23;
  27. GST Recipient has the meaning given in clause 23;
  28. GST Supplier has the meaning given in clause 23;
  29. Implied Term has the meaning given in clause 24;
  30. Insolvency Event means in relation to You or Us, any one (1) or more of the following events or circumstances:
    1. being in liquidation or provisional liquidation or under administration;
    2. having a Controller or analogous Person appointed to it or any of its property;
    3. becoming an insolvent under administration, as defined in section 9 of the Corporations Act; or
    4. entering into a formal compromise or arrangement with, or assignment for the benefit of, any of its members or creditors;
    5. unless such event or circumstance occurs as part of a solvent reconstruction, amalgamation, compromise, arrangement, merger or consolidation approved by Us;
  31. Loss includes any loss, claim, action, liability, damage, cost (including any cost between solicitor and own client), charge, expense, outgoing, payment of any kind or character which a party pays, suffers or incurs or which a party is liable to suffer or incur;
  32. Marks has the meaning given in clause 10;
  33. Payment means funds paid by a Customer as part of a Transaction;
  34. Payment Service means pages on Service Seeking’s website or any mechanism or system provided by Service Seeking to provide a mechanism for accepting Payments from Customers on Your behalf;
  35. Person includes an individual, firm, body corporate, unincorporated body or association, partnership, joint venture and any government agency or authority;
  36. Personal Identification Number means the personal identification number allocated by the Banks, a Card issuer or personally selected by the account holder;
  37. Personal Information refers to information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, which is received by You from any source as a consequence of the performance of the rights and obligations under this Agreement;
  38. Privacy Law means all legislation and principles and industry codes or policies, relating to the collection, use, disclosure, storage and granting of access rights to Personal Information;
  39. Related Body Corporate has the meaning given to it in the Corporations Act;
  40. Relevant Law means any:
    1. statute, ordinance, code or other law including regulations and other instruments under them; and
    2. any code of practice, guidelines or standards issued by relevant regulators or industry bodies, whether or not having the force of law;
  41. Service Seeking means Service Seeking Pty Ltd (ACN 124 055 465), the provider of the Payment Services to You;
  42. Service Seeking Fee means the amount charged by Service Seeking to you in respect of Transactions and/or your use of the Payment Service and as published from time to time on the Payment Service, as notified in writing by Service Seeking to you from time to time;
  43. Term has the meaning given in clause 12;
  44. Terms and Conditions means these terms and conditions as may later be amended or supplemented by Service Seeking and published from time to time on the Payment Service, as notified in writing by Service Seeking to You from time to time;
  45. Third Party means any party that is not Service Seeking or You;
  46. Transaction means a transaction between a Customer and You, utilising the Payment Service;
  47. Transaction Receipt means a document used to evidence a Transaction;
  48. You and Your means the Person to whom the Payment Service is provided by Service Seeking.

Interpretation: In these Terms and Conditions:

  1. singular includes plural and vice versa and any gender includes every gender;
  2. a reference to a person includes corporations, trusts, associations, partnerships, a Government Authority, and other legal entities, and where necessary, include successor bodies;
  3. references to writing include printing, typing, facsimile and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, in English;
  4. references to months mean calendar months;
  5. references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders-in-council, rules, by-laws and ordinances made under those statutes;
  6. references to sections of statutes or terms defined in statutes refer to corresponding sections or defined terms in amended, consolidated or replacement statutes;
  7. headings are used for convenience only and are to be disregarded in the interpretation of these Terms and Conditions;
  8. where any word or phrase is given a defined meaning another grammatical form of that word or phrase has a corresponding meaning;
  9. the words "includes" and "including" are not words of limitation and shall be read as "includes, but is not limited to" and "including, but not limited to" respectively;
  10. each paragraph or sub-paragraph in a list is to be read independently from the others in the list;
  11. a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and
  12. a reference to a party includes that party's executors, administrators, substitutes, successors and permitted assigns.
Agreement To Be Bound

By using the Payment Service you agree to be bound by these Terms and Conditions.

Payment Service

The parties acknowledge that the Payment Service operates as described on the website at ServiceSeeking.com.au.

  1. provide your details to any other party necessary to provide the Payment Service; and
  2. monitor and/or analyse your use of the Payment Service.
Use of the Payment Service

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:

  1. Agree to pay any Service Seeking Fee as set out on ServiceSeeking.com.au;
  2. Agree not to Chargeback any fee you pay through the Payment Service and if you do, reimburse the amount of any Chargeback to Service Seeking;
  3. Agree that Service Seeking may refund any amounts paid for services by credit card to you for any reason if there is suspicion that such payment is fraudulent or breaches these Terms and Conditions and you must find another way to pay for those services;
  4. Agree to be bound by the Terms and Conditions and, in this regard, by using the Payment Service you are deemed to have agreed to be bound by the Terms and Conditions;
  5. Agree that in the event of Dispute or Chargeback you must contact Service Seeking; and
  6. Service Seeking may accept or reject your use of the Payment Service in its absolute discretion.

In order to use the Payment Service to receive credit card payments, you must:

  1. Inform Service Seeking of your bank account details to be used with respect to dealings on the Payment Service;
  2. Agree to be bound by the Terms and Conditions and, in this regard, by using the Payment Service you are deemed to have agreed to be bound by the Terms and Conditions.
  3. Agree that if a customer successfully processes a Chargeback for an amount that the Applicant has received through the Payment Service, the Applicant is liable for that amount to Service Seeking plus $25 being an extra charge levied on Service Seeking by the Bank for the Chargeback Amount ( Extra Charge ). Service Seeking may debit the Applicant’s credit card for the Chargeback Amount plus the Extra Charge and the Applicant agrees not to dispute those charges with their bank or financial institution.
  4. Agree that in the event that the Applicant’s credit card is not capable of being debited for the Chargeback for any reason, Service Seeking will invoice the Applicant for the Chargeback Amount which the Applicant will pay within 7 days of receipt; and
  5. Service Seeking may accept or reject your use of the Payment Service in its absolute discretion.

Your use of the Payment Service may be cancelled:

  1. By Service Seeking at any time in Service Seeking’s sole discretion without providing any reason or cause, and Service Seeking shall inform you as soon as practicable; or
  2. At your request made in writing to Service Seeking by giving Service Seeking 10 Banking Days notice.
  3. If you are the subject of an Insolvency Event, your use of the Payment Service will be deemed to be immediately cancelled.
  4. On cancellation of your use of the Payment Service pursuant to clause 4:
    1. If you are a party to a Transaction which is not yet completed, you will be deemed to be in breach of that Transaction;
    2. You will be indebted to Service Seeking for the payment of the relevant Service Seeking Fee and must pay the said Service Seeking Fee to Service Seeking within five (5) Banking Days of the notice of termination (unless Service Seeking agree otherwise); and
    3. You will cease to be able to use the Payment Service.

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.

Approval To Use Payment Services

Acknowledgment: You acknowledge that:

  1. The operation of this Agreement is conditional on one (1) or more of the Banks approving an application from Service Seeking for Service Seeking to provide the Payment Services to you and continuing to provide that approval; and
  2. The Banks may obtain from any Card Scheme or a Person who is involved in any Card Scheme, any credit reporting agency or any other Person, information about your merchant history or Personal Information about you, a Related Body Corporate, your officers, employees or agents for any purpose relating to the operation of those Card Schemes and the Banks can use any such information to assess an application from Service Seeking under clause a);
  3. The Banks can disclose information about your merchant history and relevant Personal Information in the following circumstances:
    1. to any Card Scheme or to any Person who is involved in any Card Scheme, information about you for any purpose related to the operation of those Card Schemes, Card fraud detection agencies (including information about termination of merchant Payment Services and reason(s) for termination of the Bank Services); and
    2. where the law requires or permits the Banks to do so;
  4. The decision whether to approve an application from Service Seeking under clause a) is at the Banks' sole discretion and the reason for any decision which is made will not be given to you;
  5. Approval by the Banks are specific to Service Seeking providing Payment Services to you and does not in any way constitute a representation by the Banks that you will be able to use the services of another payment service provider or of the Banks directly should you cease using Service Seeking Payment Services for any reason;
  6. Any information obtained by the Banks during assessment of an application under clause a) is and remains confidential to the Banks and will not be shared with you. The Banks are bound by Card Scheme Rules and all correspondence and discussions between Card Schemes and the Banks are confidential between the Banks and the Card Schemes.
  7. You represent and warrant that:
    1. Any information you provide to Service Seeking in connection with an application for Service Seeking to provide the Payment Service is complete, accurate and not misleading or deceptive; and
    2. If you have disclosed Personal Information to Service Seeking in connection with the application under clause a), you have obtained the relevant individual's prior consent to the disclosure and otherwise complied with your obligations under Privacy Law; and
    3. You are able to satisfy your obligations and responsibilities under this Agreement.
  8. You acknowledge and agree that:
    1. Service Seeking is authorised to obtain from Third Parties financial and credit information relating to you in connection with Service Seeking’s decision to approve your application and in respect of Service Seeking continuing evaluation of your financial and credit worthiness; and
    2. Any information collected may be disclosed by Service Seeking to the Banks.
  9. The Parties agree that no Party is or will be bound by this Agreement unless and until one (1) or more of the Banks have confirmed approval for Service Seeking to provide the Payment Services to you.
Your Obligations

Your obligations, where relevant, include to:

  1. Immediately notify Service Seeking of any change to your financial position which may affect your ability to perform your obligations under this Agreement;
  2. Not change your business name or ownership of your business without giving Service Seeking prior notice and not substantially change the type of goods and services you sell without Service Seeking’s prior written consent;
  3. Only submit a Transaction where you are the supplier of the goods and/or services;
  4. Only pay for a Transaction where the job has been completed;
  5. Not submit Transactions on behalf of a Third Party;
  6. Provide Service Seeking and the Banks with all information and assistance reasonably required to perform their respective obligations and to deal with any queries in relation to the Payment Service;
  7. Comply with all Relevant Laws and contractual requirements in performing your obligations under this Agreement;
  8. Observe and implement fraud prevention procedures set out in the manuals, guides or directions provided to you (if relevant);
  9. Co-operate with Service Seeking and any other relevant or related party and otherwise act in good faith to assist and enable Service Seeking to provide the Payment Service; and
  10. Not use the Payment Service for, in support of, or in connection with, any purpose contrary to any Relevant Law.

Data Security Standards

If you use the Payment Services to receive credit card payments:

  1. If Service Seeking tells you that you must comply with the Data Security Standards, you must, at your cost, successfully complete the protocols for PCIDSS within the timeframe stipulated by Service Seeking or the Card Schemes. You acknowledge and agree that if you fail to do so:
    1. Service Seeking may terminate the Payment Services provided to you;
    2. You are liable for any fine imposed upon Service Seeking by the Card Schemes as a result of your failure to comply;
    3. You are liable for any penalties which the Card Schemes levy in the event that you suffer a Card data compromise incident, and have not complied with the PCIDSS accreditation program;
    4. The Banks are obliged to report all Data Breach events to Card Schemes, law enforcement agencies and/or Australian regulators. You grant irrevocable and enduring consent for the Banks to release details of any such Data Breach to the aforementioned bodies;
    5. If you have suffered a Data Breach:
      1. You must give the relevant Banks and their agents full access to your systems and databases to facilitate a forensic analysis to ascertain:
        1. what Card data has been compromised;
        2. what weaknesses in the system permitted the unauthorised access to the database; and
        3. whether Card data was created, deleted, altered, copied or manipulated in any manner; and
      2. all costs of the forensic analysis must be paid by you; and
      3. in order to continue processing Card Transactions, you must undergo a full PCIDSS accreditation. All costs of this accreditation exercise must be paid by you.

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:

  1. accept any valid and acceptable Card in a Transaction;
  2. disclose to the Cardholder before a Transaction is completed any fee that you will charge for completing the Transaction and do it in such a way that allows a Cardholder to cancel the Transaction if they choose to do so, without the Cardholder incurring any cost;
  3. Only send Service Seeking a Transaction when you have provided the goods and services to the Customer;
  4. Not accept a Card in a credit card Transaction for the purpose of giving a Cardholder cash;
  5. Perform all obligations (including supplying all goods and/or services) to the Cardholder in connection with the sale;
  6. Not sell, purchase, provide or exchange any information or document relating to a Cardholder's account number, or Card number, or a Transaction, to any Person other than:
    1. Service Seeking;
    2. the Banks;
    3. the Card issuer; or
    4. as required by Relevant Law;
  7. If you do sell, purchase, provide or exchange any such information referred to in clause f), do so in compliance with all Relevant Law including Privacy Law;
  8. Destroy any document that is no longer required to be retained, in a manner which makes the information unreadable;
  9. Take reasonable steps to ensure that the information and documents mentioned in clause f) are protected from misuse and loss and from unauthorised access, modification or disclosure;
  10. Not make any representation in connection with any goods or services which may bind Service Seeking, the Banks or any Card Scheme;
  11. Not indicate or imply that Service Seeking, the Banks or any Card Scheme endorse any goods or services or refer to a nominated Card in stating eligibility for goods, services, or any membership;
  12. Not accept a Card or a Transaction which is of a type you have been previously advised is not acceptable;
  13. Provide sufficient training to your employees to ensure you meet your obligations under this Agreement;
  14. Prominently and unequivocally inform the Cardholder of your identity at all points of Cardholder interaction (including on any relevant website, promotional material and invoice) so the Cardholder can readily distinguish you from Service Seeking, any supplier of goods or services to you, or any other Third Party;
  15. Not unfairly distinguish between issuers of a Card when accepting a Transaction;
  16. Not refuse to complete a Transaction solely because a Cardholder refuses to provide additional identification information in circumstances where Service Seeking do not require you to obtain it;
  17. If you collect or store Cardholder information, comply with any Data Security Standards notified to you; and
  18. Not transfer or attempt to transfer financial liability under this Agreement by asking or requiring a Cardholder to waive his or her dispute rights.

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:

  1. have obtained Cardholder permission (either electronically or in hardcopy) to periodically charge for a recurring service;
  2. retain this permission for the duration of the recurring services and make it available to Service Seeking on request; and
  3. provide a simple and accessible online cancellation procedure, if the Cardholders request for the goods or services was initially accepted online.
Our Obligations

Service Seeking’s obligations include to:

  1. Provide the Payment Service;
  2. Other than in accordance with these Terms and Conditions, not delay payment of any funds due to any party.

Service Seeking make no representations or warranties about the suitability of the Payment Service for your purposes.

You acknowledge that:

  1. You have read and agree with all these Terms and Conditions; and
  2. have independently evaluated the Payment Service as being suitable for your purposes and did not rely on any information on ServiceSeeking.com.au, web pages or brochures or representations made by any Service Seeking staff in reaching this determination.
Service Seeking - applies from 1 May 2016
  1. You agree to pay any Service Seeking Fee (identified by Service Seeking as being payable by you on ServiceSeeking.com.au) in respect of all Transactions processed through the Payment Service by you and/or in respect of your use of the Payment Service.
  2. The amount of any Service Seeking Fee or the method of calculating any Service Seeking Fee may be amended by Service Seeking from time to time and published on the website ServiceSeeking.com.au or the Payment Service, as notified in writing by Service Seeking to you with at least 28 days notice.
  3. Payment of the Service Seeking Fee shall be withheld or deducted from any payment due to you or such other manner as Service Seeking may publish on the Payment Service, as notified in writing by Service Seeking to You from time to time.
  4. Where you have provided bank details for the purpose of receiving a payment, you also agree to pay by Direct Debit any outstanding or overdue Service Seeking Fee, where such fee could not be successfully recovered from your credit card, as notified in writing by ServiceSeeking to You at the time the credit card transaction fails.
Bank's Services

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:

  1. You may benefit from the Bank Services provided to Service Seeking;
  2. Nothing in this Agreement is to be taken to be an offer by the Banks to provide, or to be an obligation to provide, the Bank Services directly to you;
  3. Nothing in this Agreement is to be taken to be an offer by the Banks to provide, or to be an obligation to provide, any service directly to you;
  4. The Banks are not liable to you in respect of any amount payable to you in connection with your use of the Payment Services;
  5. The amount of any Payment request processed as a Card Payment using the Bank Services will be paid to Service Seeking by the Banks and will be credited to your Account by Service Seeking under the terms of this Agreement;
  6. Service Seeking are responsible for dealing with complaints or disputes relating to Payment requests and Transactions (whether stored value Payments or Card Payments) and you will refer any such complaints or disputes ("Dispute") immediately to Service Seeking for resolution in accordance with Service Seeking dispute resolution procedures;
  7. You will provide all assistance reasonably required by Service Seeking to resolve a Dispute; and
  8. the Banks are not liable (including liability for negligence) for any Loss or damage caused directly or indirectly to you by the Banks' provision, or failure to provide, the Bank Services to Service Seeking.
Accepting Nominated Card Details

This clause applies if you accept Payment instructions directly from the Cardholder. You must:

  1. Use reasonable care to detect forged or unauthorised signatures or the unauthorised use or forgery of a Card;
  2. Notify Service Seeking if you become aware of or suspect fraud on the part of a Cardholder;
  3. Not deliberately reduce the value of any one (1) Transaction by:
    1. splitting a Transaction into two (2) or more Transactions; or
    2. allowing a Cardholder to purchase items separately;
  4. Establish a fair policy for dealing with refunds and disputes about Transactions and include information about that policy on Transaction Receipts as required by Service Seeking;
  5. Only submit a Transaction as a refund to a Cardholder if it is a genuine refund of a previous Transaction. The refund must be processed to the same Card that was used in the original Transaction and be for the original sale amount;
  6. Give refunds for Transactions by means of credit and not in cash or cheque;
  7. Not process a refund Transaction as a way of transferring funds between your accounts;
  8. If a Transaction for a sale does not cover the full amount of the sale:
    1. In the situation in which the Card is used to make a deposit or pay an installment you may accept the Card in payment of all or part of the outstanding balance; and
    2. In any other circumstance you must obtain the balance due at the time the sale is completed in cash;
  9. Not state or set a minimum or maximum amount for a Transaction without Service Seeking prior written consent;
  10. Not ask a Cardholder to reveal their Personal Identification Number or any other secret identifier;
  11. Contact Service Seeking for instructions if the identification of a Cardholder or the validity of the Card is uncertain; and
  12. Not knowingly submit for processing any Transaction that is illegal or that you should have known is illegal.

For remote Transactions, You must:

  1. Take reasonable steps to verify the identity of the Person You are dealing with, in order to confirm that they are the genuine Cardholder, including by observing and implementing the recommendations in any fraud prevention material provided to you; and
  2. Record reasonable identification details of the Person you are dealing with, as well as the commencement and expiry dates of the Card.
Transaction Receipt

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:

  1. Is identical with the information on any other copy; and
  2. Legibly includes the information notified to you.
must provide Service Seeking with the Transaction Receipt and any other required evidence of the Transaction within seven (7) days if you are asked by Service Seeking to provide it.
Invalid or Unacceptable Transactions

A Transaction is not valid if:

  1. The Transaction is illegal;
  2. The signature on the Transaction Receipt or authority is forged or unauthorised;
  3. The Transaction is before or after any validity period indicated on the relevant Card;
  4. You have been told not to accept the Card;
  5. The Transaction is not authorised by the Cardholder;
  6. The particulars on the copy of Transaction Receipt given to the Cardholder are not identical with the particulars on any other copy;
  7. The price charged for the goods or services is more than the normal price charged by you;
  8. Another Person has provided or is to provide the goods or services the subject of the Transaction to a Cardholder;
  9. You did not actually supply the goods or services to a genuine Cardholder as required by the terms of the Transaction, or have indicated your intention not to do so;
  10. The Transaction did not relate to the actual sale of goods or services to a genuine Cardholder;
  11. The goods or services were supplied outside Australia without Service Seeking’s consent and the Banks' consent;
  12. The Transaction is offered, recorded or billed in a currency Service Seeking have not authorised you to accept;
  13. This Agreement was terminated before the date of the Transaction;
  14. You have not complied with your obligations in clause 6.3;
  15. It is a remote Transaction and you did not record reasonable identification details for the Cardholder and the commencement and expiry dates for the Card;
  16. It is a credit Transaction in which:
    1. the amount of the Transaction or Transactions on the same occasion is more than any applicable limit notified to you;
    2. You collected or refinanced an existing debt including, without limitation, the collection of a dishonoured cheque or payment for previous Card charges; or
    3. You provide a Cardholder with cash;
  17. It occurs during a period in which your rights under this Agreement were suspended under or after this Agreement was terminated; or
  18. You cannot give a Transaction Receipt as required by clause 7.

Transaction for a sale or refund is not acceptable if:

  1. The Cardholder disputes liability for the Transaction for any reason or makes a claim for set-off or a counterclaim; or
  2. It is of a class which the Banks or Service Seeking decide, in their discretion, is not acceptable.

You acknowledge and agree that the Banks may:

  1. Refuse to accept a Transaction if it is invalid or unacceptable, or may charge it back to you if it has already been processed, even if Service Seeking have given You an authorisation; and
  2. Reverse a Transaction as a Chargeback for any of the reasons in clauses 12.1 and/or 12.2 and any other reason Service Seeking notify you of from time to time; and
  3. Without limiting the above, delay, block, freeze or refuse to accept any Transaction where the Banks have reasonable grounds to believe that the Transaction breaches Australian law or sanctions or the laws or sanctions of any other country.
Reporting and Settlement of Transactions

Reporting: You acknowledge and agree that:

  1. The Banks have no obligation to provide you with any statement of account or details of any Transactions carried out by Service Seeking on your behalf;
  2. Service Seeking shall be solely responsible for informing you whether a Transaction has been authorised;
  3. The Banks are not liable to you in respect of any amount payable to you in connection with your use of the Payment Service;
  4. The amount of any Transaction processed by you using the Payment Service will be paid to Service Seeking in accordance with the terms of the Bank Service;
  5. The Banks will not pay any amount owing to you in connection with Transactions submitted by you to Service Seeking for processing under this Agreement; and
  6. Service Seeking are solely responsible for accounting to you in respect of any Transactions submitted by you to Service Seeking for processing on your behalf.
Use of Card Scheme Logos and Trade Marks

Card Scheme Logo and Trademark Acknowledgment: You acknowledge and agree that:

  1. The Card Scheme logos, names and holograms ("Marks") are owned solely and exclusively by the relevant Card Scheme;
  2. You will not contest the ownership of the Marks for any reason;
  3. The Card Schemes may at any time, immediately and without notice, prohibit you from using any of the Marks for any reason; and
  4. You may only use advertising and promotional material for the Cards or which show a Card Scheme Mark in the manner the Banks approve.
Representations and Warranties

You represent and warrant that:

  1. By entering into this Agreement you have not been and will not be in breach of any Relevant Law or any obligation owed to any Person;
  2. Where applicable, you are duly authorised to enter into this Agreement and the obligations under this Agreement are valid, binding and enforceable in accordance with its terms;
  3. If you are an incorporated body, you validly exist under the laws of your place of incorporation and have the power and authority to carry on your business as that business is now being conducted and using any name under which that business is being conducted;
  4. If you, a Related Body Corporate or any officer, employee or agent of you or a Related Body Corporate has at any time been listed on a database of terminated merchants maintained by any Card Scheme or have otherwise had the Bank Services terminated by another acquiring bank, you have disclosed that fact to us;
  5. You have full legal capacity and power to undertake to comply with the Terms and Conditions and to carry out the transactions that the Terms and Conditions contemplate;
  6. All corporate action has been taken that is necessary or desirable to authorise your compliance with the Terms and Conditions and your carrying out of the transactions that the Terms and Conditions contemplate;
  7. You hold each Authorisation that is necessary or desirable to:
    1. accept and comply with the Terms and Conditions and to carry out the transactions that the Terms and Conditions contemplate; and
    2. ensure that the Terms and Conditions are legal, valid, binding and admissible in evidence, and
    3. are complying with any conditions to which any of these Authorisations is subject;
  8. The Terms and Conditions constitute legal, valid and binding obligations, enforceable against you in accordance with its terms;
  9. Neither your acceptance of the Terms and Conditions, nor the carrying out by you of the transactions that the Terms and Conditions contemplate, does or will contravene:
    1. any Relevant Law to which you or any of your property is subject or any order of any Government Agency that is binding on You or any of Your property;
    2. any Authorisation;
    3. any undertaking or instrument binding on you or any of your property; or
    4. Your constitution;
  10. There are no actions, claims, proceedings or investigations pending or threatened against you or by, against or before any Person that may have a material effect on the subject matter of the Terms and Conditions;
  11. You are not:
    1. the subject of an Insolvency Event; or
    2. agreeing to be bound by the Terms and Conditions as trustee of any trust or settlement unless otherwise approved by Us;
  12. All information supplied by you to Service Seeking, in the Application Form or otherwise, is complete, correct and is not misleading;
  13. You intend to complete and are capable of completing any Transaction;
  14. You will at all times comply with the provisions of the Terms and Conditions.
  15. You acknowledge that Service Seeking have allowed you to use and agreed to provide the Payment Service and to facilitate the Transactions in reliance on the representations and warranties that are made in this clause 15.
  16. Despite any other provision of these Terms and Conditions, this clause 15 survives the expiry or termination of the Terms and Conditions.
  17. The representations and warranties set out in this clause will be deemed to be repeated each day after the date you enter into this Agreement.
Term

The Engagement commences on the Execution Date and continues until terminated in accordance with clause 17.

Termination and Suspension

Service Seeking may terminate this Agreement or suspend your rights under this Agreement or any part of it at any time if:

  1. You are in breach of your obligations under or arising out of this Agreement;
  2. In Service Seeking reasonable opinion, the processing of your Transactions puts us or the Banks at risk;
  3. You are or have engaged in conduct which exposes Service Seeking to potential fines or penalties imposed under Relevant Law;
  4. Your business or equipment is or has been targeted by a Person engaged in fraudulent or dishonest activity whether with or without your knowledge;
  5. Your rights under this Agreement are the subject of a direction made under Relevant Law that the Payment Service be suspended or terminated; or
  6. Service Seeking are directed to do so by the Banks or a Card Scheme for any reason.

Termination: Service Seeking or you may terminate this Engagement:

  1. With immediate effect by serving written notice on the other party if the other party:
    1. Becomes unable to lawfully perform its obligations;
    2. Is unable to pay its debts or it is presumed to be insolvent under any applicable law; or
    3. Breaches these Terms and Conditions and fails to remedy such breach within 7 days after receiving written notice from the terminating party specifying the breach and setting out the steps required to be taken in order to remedy the breach; or
  2. Upon 7 days written notice, without reason.

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.

Cardholder's Creditworthiness

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:

  1. The Cardholder's creditworthiness;
  2. The correct identity of the Cardholder;
  3. That the Transaction is valid and acceptable and will not be subsequently charged back or reversed; or
  4. That you have complied with your obligations under this Agreement and you waive any right to claim that Service Seeking do.
Rights of Each Party

You may not assign or charge your rights under this Agreement without Service Seeking’s prior written consent.

Australian Domicile Requirements

You acknowledge that Service Seeking may only provide the Payment Services to you under this Agreement where you:

  1. Have a permanent establishment in Australia through which Transactions are completed;
  2. Are registered to do business in Australia;
  3. Pay taxes in Australia (where required) in relation to the sales activity; and
  4. Satisfy any other domesticity requirements imposed by Card Schemes from time to time.

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.

Privacy

ServiceSeeking.com.au takes several steps to prevent unauthorised disclosure or modification of sensitive information, including:

  1. Sensitive Information Storage: Credit card information is encrypted and stored in a system completely isolated from ServiceSeeking.com.au. At no time is unencrypted card data stored on disk either inside our website or system or in a card storage system. Internally card information is referenced only through the use of a token. The token is not derived from card information in any way.
  2. SSL: All requests to our website and API are forced to use HTTPS to ensure encrypted communications.
Force Majeure
  1. Subject to clause 22.2, if provision of the Payment Service is delayed due to a Force Majeure Circumstance Service Seeking will not be in default, nor be liable for any Loss incurred or suffered by you, for that reason only.
  2. If provision of the Payment Service is delayed due to a Force Majeure Circumstance for a continuous period exceeding two (2) months, you may terminate the Engagement with immediate effect by serving written notice on Us.
GST

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.

Limitation of Liability
  1. Any limitation on a party's liability under these Terms and Conditions only operates to the extent permitted by law, and nothing in these Terms and Conditions purports to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any condition or warranty implied by legislation (including the Competition and Consumer Act 2010 (Cth.) and any State or Territory legislation concerning consumer protection, fair trading or the sale of goods or services) ("Implied Term") where to do so would have the effect of rendering the relevant provision in these Terms and Conditions void or otherwise unenforceable.
  2. Subject to clause 24.1:
    1. All Implied Terms and any other conditions or warranties otherwise implied by law are excluded from these Terms and Conditions; and
    2. Service Seeking liability for a breach of any Implied Term of the kind referred to in clause 24.1 will be limited to the full extent expressly allowed for in the relevant legislation.
  3. A party's liability for any claim in connection with the Engagement will not extend to any indirect or consequential Loss.
  4. Each party must take all reasonable steps to mitigate the effect on that party of any Loss for which another party may be liable.
  5. Service Seeking are not liable for any Loss arising from any error in connection with the Payment Service where such error results from the provision to Service Seeking of any false, misleading or incomplete information or documentation or the acts or omissions of you or any Third Party.
  6. Notwithstanding any other provision of these Terms and Conditions, to the extent permitted by law, Service Seeking is not liable to you or any other Person for any:
    1. Error, omission or inaccuracy with respect to the any information provided to or entered into the Payment Service by you;
    2. Any failure, malfunction, fault in delivery, delay, omission, suspension, inaccuracy, interruption, termination or any other cause, in connection with the furnishing, performance, operation, maintenance, use of or inability to use all or any part of the Payment Service;
    3. Loss or damage of any kind that is directly or indirectly caused by or results from any:
      1. Errors or inaccuracies in information in the Payment Service or any interruption to the Payment Service;
      2. Unauthorised access to or use of the Payment Service;
      3. Cancellation of your use of the Payment Service; or
      4. Wrongful, wilful or negligent act or omission of Service Seeking or any of Service Seeking officers, employees, agents or contractors; or
    4. Indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data or loss or damage resulting from wasted management time irrespective of whether:
      1. the Loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise; or
      2. Service Seeking or any other Person were previously notified of the possibility of the Loss or damage, whether such a claim arises in contract, tort, negligence, strict liability, contribution or under statute or otherwise and whether the claim is brought directly or as a Third Party claim.
Dispute Resolution
  1. If a dispute arises between the parties in relation to the Engagement (Agreement Dispute), any party may by written notice to the other party specify the details of the Agreement Dispute (Dispute Notice).
  2. If a Dispute Notice is given then the parties must meet within seven (7) Banking Days and negotiate in good faith to resolve the Agreement Dispute.
  3. If the Agreement Dispute remains unresolved 14 Banking Days after receipt of the Dispute Notice, the parties agree to submit the Agreement Dispute to mediation administered by a single mediator, which will be agreed between the Parties.
  4. In the event the parties cannot agree on a single mediator within 28 Banking Days after receipt of the Dispute Notice, then the parties must request the nomination by the Australian Commercial Disputes Centre of a mediator.
  5. All parties agree to accept the determination of the mediator without question, and to take whatever actions or pay whatever charges the mediator determines is reasonable.
Indemnity
  1. Each party indemnifies the other party against all claims, damages, suits, made against the other party and all Loss arising directly (except to the extent that the liability has occurred or arisen due to the negligence or unlawful act of the other party, its servant, agents or other contractors) from:
    1. Any breach of these Terms and Conditions by that party;
    2. Any negligence or unlawful action by that party, its employees, officers, agents and subcontractors;
    3. Any representations made by that party in breach of these Terms and Conditions; and
    4. Any other conduct of that party which is either not authorised under these Terms and Conditions or which is not authorised by the other party.
  2. You indemnify Service Seeking against any and all liability to you or any Third Party where such liability results from the provision of false, misleading or incomplete information or documentation to Service Seeking by you or your agents or representatives.
Notice
  1. Notices must be in writing, and delivered to a party by hand, ordinary pre-paid post, facsimile or e-mail to that party's address or to the alternate address notified to the party giving the notice.
  2. A notice will be taken to be duly given and received if:
    1. delivered by hand, on the day of delivery if delivered before 5.00pm on a Banking Day, otherwise on the next Banking Day;
    2. delivered by ordinary pre-paid post, on the second Banking Day after posting;
    3. delivered by facsimile or e-mail, where the transmission report states that it was sent in full and without error, on the day the transmission was received if the report states that the transmission was completed before 5.00pm on a Banking Day, otherwise on the next Banking Day.
General Provisions
  1. The parties agree and acknowledge that Service Seeking is an independent contractor and that there is no employment relationship between you and Service Seeking or any Person employed or engaged by Service Seeking to assist in the provision of the Payment Service.
  2. Neither party shall hold themselves out as partner, employer, employee, agent or principal of the other party except to the extent specifically authorised by the other party in writing nor at any time bind or purport to bind the other party to any agreement or transaction nor pledge the credit of the other party in any manner whatsoever nor permit the creation of any lien over any property of the other party.
  3. These Terms and Conditions shall endure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns.
  4. These Terms and Conditions may be amended by Service Seeking from time to time and published on www.serviceseeking.com.au.
  5. These Terms and Conditions embody the entire understanding and the whole agreement between the parties and all previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied with reference to the subject matter or to the intentions of any of the parties are merged and otherwise are excluded and cancelled.
  6. Each Person agrees to these Terms and Conditions:
    1. As attorney, by so doing, warrants to the other parties that, as at the date of execution, the signatory has not received notice or information of the revocation of the power of attorney appointing that Person; and
    2. As an authorised representative, agent or trustee of a party, warrants to the other parties that, as at the date of execution, the person agreeing to these Terms and Conditions has full authority to be bound by the document on behalf of that party.
  7. These Terms and Conditions shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:
    1. That provision shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
    2. If the provision or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining Terms and Conditions shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.
  8. Waiver and exercise of rights
    1. A waiver of a provision or of a right arising under these Terms and Conditions may only be given in writing by the party granting the waiver.
    2. Failure by a party to exercise or delay in exercising a right does not prevent its exercise or operate as a waiver.
  9. The rights, remedies and powers of the parties under these Terms and Conditions are cumulative and do not exclude any other rights, remedies or powers available at law or in equity.
  10. The Engagement is governed by the laws of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State.
  11. I acknowledge that the information I have provided or will provide is true and correct.
  12. I agree that I will only quote on work for which I personally meet the qualification and/or licensing and registration standards of my industry and State Authority.
  13. If I employ people to manage specific parts of a particular job e.g. electrical work, I acknowledge that I must possess a contractor's licence if required by the State Authority.
Terms & Conditions

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.

Key Defined Terms

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):

  1. A house or apartment that you own or lease; and
  2. Personal property that is owned by you

"Excluded Property" means any of the following:

  1. Currency, money, precious metal in bullion form, notes or securities
  2. Any damage to any property that is not in, at, or on a Covered Property.
  3. Real property owned by a party other than you and that you do not control.
  4. Personal property not owned by you

"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.

Limitations and Exclusions

The Service Seeking Cover pays Covered Losses only and does not pay for any of the following "Excluded Losses":

  1. Any losses caused by a Business in circumstances where the Customer did not click Choose This Business on the business’ quote prior to the commencement of the work, or pay up front for a Book it Now quote,
  2. Ordinary Wear and Tear,
  3. Losses or damages for Covered Property, which arise from any eligible hire of a Business by a Customer, in excess of the Limit,
  4. Any losses, damages, cost or expense of any nature, directly or indirectly, caused by, relating to or resulting from any of the following:
    1. Excluded Property;
    2. Acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and cyclones;
    3. Excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Property.
    4. Indirect or remote causes;
    5. Mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory
    6. Enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing the debris
    7. Animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
    8. Identity theft or identity fraud.
  5. Any losses, damages, cost or expense of any nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing to it:
    1. any hostile act or act of war, terrorism, insurrection or rebellion;
    2. nuclear reaction or radiation or radioactive contamination
    3. seizure or destruction under quarantine or customer regulation, or confiscation by order of any governmental or public authority;
    4. contraband, or illegal transportation or trade;
    5. any dishonest act, including but not limited to theft, committed by you or any such persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Business such act is done without your knowledge; or
    6. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or Internet services due to external factors
  6. The following conditions
    1. Faulty workmanship, material, construction or design from any cause prior to the damage;
    2. Deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
    3. Ordinary Wear and Tear;
    4. Settling, cracking, shrinking, bulging, or expansion of foundation, floors, pavements, walls, ceilings or roofs;
    5. Changes of temperature or relative humidity; or
    6. Damage caused by insects, animals or vermin (including pets);
  7. Any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mould, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.

Conditions to the Service Seeking Cover

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.

  1. You must have incurred Covered Losses.
  2. The Covered Losses for which you seek payment must be covered under the Service Seeking Cover, and Service Seeking in its sole discretion may make its payment of benefits under this Service Seeking Cover contingent upon the determination that any Covered Losses are covered under the Service Seeking Cover.
  3. You must inspect the applicable Covered Property to determine whether there are any physical losses or damages to any Covered Property and complete and file a Service Seeking Cover Claim Form with Service Seeking within fourteen (14) days following the date of termination of the Business’s work on the Covered Property. The Service Seeking Cover Claim Form will be provided to you via email after submitting a request to claims@serviceseeking.com.au.
  4. For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing a Service Seeking Cover Claim Form, you must file a police report listing such Covered Property and provide Service Seeking with a copy of such report, certified by you as true and correct.
  5. You must provide ServiceSeeking.com.au with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to ServiceSeeking.com.au.
  6. You must deliver a signed and sworn proof of loss to us within sixty (60) days after you have incurred the Covered Loss, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:
    1. The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
    2. The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
    3. The Actual Cash Value and replacement value of each item of the Covered Property that is the subject of the Covered Loss and the amount of such loss or damage to each item of such Covered Property.
    4. All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
    5. The date when you contacted the Business to request payment for the loss you are claiming, and the date on which the Business declined or failed to pay for the loss.
  7. As part of the signed and sworn proof of loss described above, you must provide Service Seeking with all information reasonably requested by Service Seeking to enable Service Seeking to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property, the date the Covered Property was damaged or destroyed and the estimated cost of repair or replacement of such Covered Property.
  8. You must (i) protect and preserve damaged Covered Property from further loss or damages and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.
  9. You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Service Seeking, (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.
  10. You must permit Service Seeking to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Service Seeking to determine or warrant that damaged Covered Property is safe. We will have no liability to you or any other person because of any inspection or failure to inspect.
  11. You must cooperate with Service Seeking, including signing any documents, and timely responding to any reasonable requests by Service Seeking for additional information or documentation that Service Seeking may require or request to process the applicable Service Seeking Cover Claim Form.

Disposition of Cover Claim Requests

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.

Approved Claim

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:

  1. For all Covered Property, the loss amount will not exceed the lesser of: (i) the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.
  2. Any amount of any Covered Losses payable under the Service Seeking Cover will be reduced by the amount already paid to you or for your benefit by a Business for the same Covered Loss.
  3. Covered Losses will be paid in Australian Dollars.

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.

Acknowledgments and Agreements by the Customer

You acknowledge and agree that:

  1. Service Seeking provides Customers with the Service Seeking Cover benefits described solely for the purpose of promoting use of Service Seeking by building customer loyalty and strengthening customer confidence as to use of Service Seeking.
  2. These Service Seeking Cover Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Service Seeking Cover Terms are not an insurance service agreement as defined in a standard home owner’s insurance policy.
  3. The benefits provided under these Service Seeking Cover Terms are solely as set forth in the paragraph entitled "Service Seeking Cover" above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

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.

Modification or Termination of Service Seeking Cover Terms

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.

Disclaimers and Limitations of Liability

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.

General Provisions

Indemnification

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.

Entire Agreement

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.

Contacting Service Seeking

If you have any questions about these Service Seeking Cover Terms, please send us an email to claims@serviceseeking.com.au

Terms & Conditions

Every customer that posts a Job is eligible to upgrade their Job to benefit from the Service Seeking $3,000 Cover program (the "$3,000 Cover"), the terms, limitations and conditions for which are set forth below (the "Service Seeking $3,000 Cover Terms"). Please read these Service Seeking $3,000 Cover Terms carefully.

You acknowledge and agree that, by posting a Job, you are indicating that you have read, and that you understand and agree to be bound by, these Service Seeking $3,000 Cover Terms.

If you accept and agree to these Service Seeking $3,000 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 $3,000 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 $3,000 Cover to be eligible to receive any payments for Covered Losses (Defined Below). Your failure to fully comply with the Service Seeking $3,000 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 yourself in relation to items not covered by the $3,000 Cover.

Service Seeking agrees to remedy your issue, or reimburse you, as a Customer, as it so chooses in its absolute discretion, to a maximum of $3,000 for Covered Losses or repairs or replacement of your Covered Property damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions and conditions in the $3,000 Cover.

Key Defined Terms

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 iOS applications of ServiceSeeking.com.au:

"Actual Cash Value" means the dollar amount of Covered Losses measured on the date of occurrence of such Covered Loss, and in the case of repairing or replacing Covered Property, with material of like kind and quality, with proper deduction for obsolescence and physical.

"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.

"Covered Losses" means and is limited to direct physical loss or physical damage incurred by a Customer and caused by a Business who the Customer hired through Service Seeking in respect of

  • Faulty Workmanship,
  • a Stolen Deposit, or to
  • Covered Property.

"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):

  • A house or apartment that you own or lease; and
  • Personal property that is owned by you

“Customer” means a Service Seeking customer who has posted a Job via the Service Seeking website that is undertaken by a business user under Service Seeking’s Terms and Conditions (located at https://www.serviceseeking.com.au/terms_and_conditions)

"Excluded Property" means any of the following:

  • Currency, money, precious metal in bullion form, notes or securities
  • Any damage to any property that is not in, at, or on a Covered Property.
  • Real property owned by a party other than you and that you do not control. • Personal property not owned by you

“Faulty Workmanship” means defective or improper workmanship carried out by a Business in relation to a Job.

"Limit" means one thousand Australian Dollars (AU $3,000).

"Job" means a job that is listed by a Customer as available for quoting by a Business via ServiceSeeking.com.au or its related Android and iOS applications.

"Ordinary Wear and Tear" means the deterioration in condition of property that occurs under normal use and conditions.

“Stolen Deposit” means a deposit that is paid by a Customer to a Business for a Job prior to the work commencing and the Business does not do the work promised and does not return the deposit within 1 month and the Customer has filed a police report alleging that the deposit has been stolen.

Limitations and Exclusions

The Service Seeking $3,000 Cover pays Covered Losses only. Customers are only entitled to claim under the $3,000 Cover once per Job.

The Service Seeking $3,000 Cover does not pay for any of the following "Excluded Losses":

  1. Any losses caused by a Business in circumstances where the Customer did not upgrade their Job to be eligible for the $3,000 Cover prior to the commencement of the work.
  2. Any losses caused by a subcontractor employed by the Business to complete the Customer’s Job.
  3. Ordinary Wear and Tear, Losses or damages for Covered Property, which arise from any eligible hire of a Business by a Customer, in excess of the Limit,
  4. Any losses, damages, cost or expense of any nature, directly or indirectly, caused by, relating to orresulting from any of the following:
    1. Excluded Property;
    2. Acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and cyclones;
    3. Excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Property.
    4. Indirect or remote causes;
    5. Mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory
    6. Enforcement of any law or ordinance
      (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or
      (ii) requiring the demolition of any property, including the cost of removing the debris
    7. Animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
    8. Identity theft or identity fraud.
  5. Any losses, damages, cost or expense of any nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing to it:
    1. any hostile act or act of war, terrorism, insurrection or rebellion;
    2. nuclear reaction or radiation or radioactive contamination
    3. seizure or destruction under quarantine or customer regulation, or confiscation by order of any governmental or public authority;
    4. contraband, or illegal transportation or trade;
    5. any dishonest act, including but not limited to theft, committed by you or any such persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Business such act is done without your knowledge; or
    6. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or Internet services due to external factors
  6. The following conditions:
    1. Deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
    2. Ordinary Wear and Tear;
    3. Settling, cracking, shrinking, bulging, or expansion of foundation, floors, pavements, walls, ceilings or roofs;
    4. Changes of temperature or relative humidity; or
    5. Damage caused by insects, animals or vermin (including pets);
  7. Any losses, damages, claims, costs or expenses for personal injury to a Customer or to workers while such workers are engaged on a Job for the Customer;
  8. Any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mould, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is
    1. any physical loss or damage to Covered Property;
    2. any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence;
    3. any loss of use, occupancy, or functionality; or
    4. any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
  9. Any losses related to work performed before 1 July 2016.
  10. Fines, penalties, punitive or exemplary damages.

Conditions to the Service Seeking Cover

In order to be eligible to obtain payment under these Service Seeking $3,000 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.

  1. You must have incurred Covered Losses.
  2. You have attempted to recover the cost of the Covered Losses by contacting the Business by email and requesting them to either:
    • reimburse you for your Covered Losses,
    • rectify the Faulty Workmanship, or
    • return the Stolen Deposit,
    as relevant and the Business fails to do so.
  3. You must, if required by Service Seeking in their absolute discretion, attend a Small Claims Tribunal (https://www.accc.gov.au/contact-us/other-helpful-agencies/small-claims-tribunals) for a determination of the issues related to your Claim and participate fully in the process without obfuscation. If the relevant Tribunal provides an Order against you, Service Seeking will not pay your Claim. If you fail to attend the Small Claims Tribunal Service Seeking will not pay your Claim.
  4. The Covered Losses for which you seek payment must be covered under the Service Seeking $3,000 Cover, and Service Seeking in its sole discretion may make its payment of benefits under this Service Seeking $3,000 Cover contingent upon the determination that any Covered Losses are covered under the Service Seeking Cover.
  5. If relevant, you must inspect the applicable Covered Property to determine whether there are any physical losses or damages to any Covered Property and complete and file a Service Seeking Cover Claim Form with Service Seeking within 6 months of the Job being posted on Service Seeking. The Service Seeking Cover Claim Form will be provided to you via email after submitting a request to claims@serviceseeking.com.au.
  6. For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanour and for which you are filing a Service Seeking Cover Claim Form, you must file a police report listing such Covered Property and provide Service Seeking with a copy of such report, certified by you as true and correct.
  7. You must provide Service Seeking with all evidence that it requires to consider your Claim, including but not limited to proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Service Seeking.
  8. If relevant to your Claim, you must deliver an invoice in respect of the repair or replacement undertaken to rectify the Covered Loss (except for Stolen Deposits), unless we provide a written extension of such deadline.
  9. The proof of loss must state your knowledge and belief as to the following:
    1. The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
    2. The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
    3. The Actual Cash Value and replacement value of each item of the Covered Property that is the subject of the Covered Loss and the amount of such loss or damage to each item of such Covered Property.
    4. All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
    5. The date when you contacted the Business to request payment for the loss you are claiming, and the date on which the Business declined or failed to pay for the loss.
  10. As part of the signed and sworn proof of loss described above, you must provide Service Seeking with all information reasonably requested by Service Seeking to enable Service Seeking to determine the Actual Cash Value with respect to Covered Property, including:
    1. the original purchase price of such Covered Property,
    2. the date such Covered Property was acquired,
    3. the condition of such Covered Property,
    4. the date the Covered Property was damaged or destroyed and the estimated cost of repair or replacement of such Covered Property.
  11. You must (i) protect and preserve damaged Covered Property from further loss or damages and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.
  12. You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Service Seeking,
    1. exhibit all that remains of any damaged Covered Property and sign the written records of examination;
    2. produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and
    3. permit extracts and machine copies to be made of the above.
  13. You must permit Service Seeking to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Service Seeking to determine or warrant that damaged Covered Property is safe. We will have no liability to you or any other person because of any inspection or failure to inspect.
  14. You must cooperate with Service Seeking, including signing any documents, and timely responding to any reasonable requests by Service Seeking for additional information or documentation that Service Seeking may require or request to process the applicable Service Seeking Cover Claim Form.

Disposition of Cover Claim Requests

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.

Approved Claim

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:

  1. For all Covered Property, the loss amount will not exceed the lesser of:
  2. the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss; or (vi) the Actual Cash Value of the Stolen Deposit.
  3. Any amount of any Covered Losses payable under the Service Seeking Cover will be reduced by the amount already paid to you or for your benefit by a Business for the same Covered Loss.
  4. Covered Losses will be paid in Australian Dollars.

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.

Acknowledgments and Agreements by the Customer

You acknowledge and agree that:

Service Seeking provides Customers with the Service Seeking Cover benefits described solely for the purpose of promoting use of Service Seeking by building customer loyalty and strengthening customer confidence as to use of Service Seeking.

These Service Seeking $3,000 Cover Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you.

Furthermore, these Service Seeking $3,000 Cover Terms are not an insurance service agreement as defined in a standard home owner’s insurance policy.

The benefits provided under these Service Seeking $3,000 Cover Terms are solely as set forth in the paragraph entitled "Service Seeking Cover" above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

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 $3,000 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.

Modification or Termination of Service Seeking $3,000 Cover Terms

Service Seeking reserves the right to modify or terminate these Service Seeking $3,000 Cover Terms, at any time, in its sole discretion, and without prior notice.

If Service Seeking terminates these Service Seeking $3,000 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 $3,000 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 $3,000 Cover Terms.

If the modified Service Seeking $3,000 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 $3,000 Cover Terms generally or in any jurisdiction, at any time, in its sole discretion, if:

(i) these Service Seeking $3,000 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 $3,000 Cover Terms in any jurisdiction; or
(iii) Service Seeking determines or a court or arbitrator holds that the provisions of these Service Seeking $3,000 Cover Terms violate applicable law.

If Service Seeking modifies or terminates these Service Seeking $3,000 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.

Disclaimers and Limitations of Liability

If you choose to use Service Seeking as a Customer, you do so at your own risk. The Service Seeking $3,000 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 $3,000 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 $3,000 Cover Terms, in no event will Service Seeking’s aggregate liability arising out of or in connection with

(a) these Service Seeking $3,000 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.

General Provisions

Indemnification

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 $3,000 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.

Entire Agreement

These Service Seeking $3,000 Cover Terms constitute the entire and exclusive understanding and agreement between Service Seeking and you regarding the Service Seeking Cover and these Service Seeking $3,000 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 $3,000 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 $3,000 Cover Terms, the exercise by either party of any of its remedies under these Service Seeking $3,000 Cover Terms will be without prejudice to its other remedies under these Service Seeking $3,000 Cover Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Service Seeking $3,000 Cover Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Service Seeking $3,000 Cover Terms will remain in full force and effect.

Contacting Service Seeking

If you have any questions about these Service Seeking $3,000 Cover Terms, please send us an email to claims@serviceseeking.com.au

Terms & Conditions

Every customer that posts a Job and hires a business with a “Pro” badge on their profile and quotes (Pro Business) is eligible to benefit from the Service Seeking $5,000 Cover program (the "$5,000 Cover"), the terms, limitations and conditions for which are set forth below (the "Service Seeking $5,000 Cover Terms"). Please read these Service Seeking $5,000 Cover Terms carefully.

You acknowledge and agree that, by posting a Job, you are indicating that you have read, and that you understand and agree to be bound by, these Service Seeking $5,000 Cover Terms.

If you accept and agree to these Service Seeking $5,000 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 $5,000 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 $5,000 Cover to be eligible to receive any payments for Covered Losses (Defined Below). Your failure to fully comply with the Service Seeking $5,000 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 yourself in relation to items not covered by the $5,000 Cover.

Service Seeking agrees to remedy your issue, or reimburse you, as a Customer, as it so chooses in its absolute discretion, to a maximum of $5,000 for Covered Losses or repairs or replacement of your Covered Property damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions and conditions in the $5,000 Cover.

Key Defined Terms

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 iOS applications of ServiceSeeking.com.au:

"Actual Cash Value" means the dollar amount of Covered Losses measured on the date of occurrence of such Covered Loss, and in the case of repairing or replacing Covered Property, with material of like kind and quality, with proper deduction for obsolescence and physical.

"Covered Losses" means and is limited to direct physical loss or physical damage incurred by a Customer and caused by a Pro Business who the Customer hired through Service Seeking in respect of

  • Faulty Workmanship,
  • a Stolen Deposit, or to
  • Covered Property.

"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):

  • A house or apartment that you own or lease; and • Personal property that is owned by you
  • Personal property that is owned by you

“Customer” means a Service Seeking customer who has posted a Job via the Service Seeking website that is undertaken by a Pro Business under Service Seeking’s Terms and Conditions (located at https://www.serviceseeking.com.au/terms_and_conditions)

"Excluded Property" means any of the following:

  • Currency, money, precious metal in bullion form, notes or securities
  • Any damage to any property that is not in, at, or on a Covered Property.
  • Real property owned by a party other than you and that you do not control.
  • Personal property not owned by you

“Faulty Workmanship” means defective or improper workmanship carried out by a Pro Business in relation to a Job.

"Limit" means five thousand Australian Dollars (AU $5,000).

"Job" means a job that is listed by a Customer as available for quoting by a Pro Business via ServiceSeeking.com.au or its related Android and iOS applications.

"Ordinary Wear and Tear" means the deterioration in condition of property that occurs under normal use and conditions.

“Pro Business" means a business user on Service Seeking who has completed Service Seeking’s account registration process, has purchased a “Pro” membership, 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.

“Stolen Deposit” means a deposit that is paid by a Customer to a Pro Business for a Job prior to the work commencing and the Business does not do the work promised and does not return the deposit within 1 month and the Customer has filed a police report alleging that the deposit has been stolen.

Limitations and Exclusions

The Service Seeking $5,000 Cover pays Covered Losses only. Customers are only entitled to claim under the $5,000 Cover once per Job.

The Service Seeking $5,000 Cover does not pay for any of the following "Excluded Losses":

  1. Any losses caused by a Pro Business in circumstances where the Customer did not hire a Pro Business to be eligible for the $5,000 Cover prior to the commencement of the work.
  2. Any losses caused by a subcontractor employed by the Pro Business to complete the Customer’s Job.
  3. Ordinary Wear and Tear, Losses or damages for Covered Property, which arise from any eligible hire of a Pro Business by a Customer, in excess of the Limit,
  4. Any losses, damages, cost or expense of any nature, directly or indirectly, caused by, relating to or resulting from any of the following:
    1. Excluded Property;
    2. Acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and cyclones;
    3. Excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Property.
    4. Indirect or remote causes;
    5. Mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory
    6. Enforcement of any law or ordinance
      (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or
      (ii) requiring the demolition of any property, including the cost of removing the debris
    7. Animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
    8. Identity theft or identity fraud.
  5. Any losses, damages, cost or expense of any nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing to it:
    1. any hostile act or act of war, terrorism, insurrection or rebellion;
    2. nuclear reaction or radiation or radioactive contamination
    3. seizure or destruction under quarantine or customer regulation, or confiscation by order of any governmental or public authority;
    4. contraband, or illegal transportation or trade;
    5. any dishonest act, including but not limited to theft, committed by you or any such persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Business such act is done without your knowledge; or
    6. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or Internet services due to external factors
  6. The following conditions:
    1. Deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
    2. Ordinary Wear and Tear;
    3. Settling, cracking, shrinking, bulging, or expansion of foundation, floors, pavements, walls, ceilings or roofs;
    4. Changes of temperature or relative humidity; or
    5. Damage caused by insects, animals or vermin (including pets);
  7. Any losses, damages, claims, costs or expenses for personal injury to a Customer or to workers while such workers are engaged on a Job for the Customer;
  8. Any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mould, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is
    1. any physical loss or damage to Covered Property;
    2. any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence;
    3. any loss of use, occupancy, or functionality; or
    4. any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
  9. Any losses related to work performed before 1 July 2016.
  10. Fines, penalties, punitive or exemplary damages.

Conditions to the Service Seeking Cover

In order to be eligible to obtain payment under these Service Seeking $5,000 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.

  1. You must have incurred Covered Losses.
  2. You have attempted to recover the cost of the Covered Losses by contacting the Pro Business by email and requesting them to either:
    • reimburse you for your Covered Losses,
    • rectify the Faulty Workmanship, or
    • return the Stolen Deposit,
    as relevant and the Business fails to do so.
  3. You must claim against the public liability and/or other insurance held by the Pro Business, details of which will be provided to you by Service Seeking upon making a claim and provide evidence of such claim to Service Seeking in a form required by it in its absolute discretion.
  4. You must, if required by Service Seeking in their absolute discretion, attend a Small Claims Tribunal (https://www.accc.gov.au/contact-us/other-helpful-agencies/small-claims-tribunals) for a determination of the issues related to your Claim and participate fully in the process without obfuscation. If the relevant Tribunal provides an Order against you, Service Seeking will not pay your Claim. If you fail to attend the Small Claims Tribunal Service Seeking will not pay your Claim.
  5. The Covered Losses for which you seek payment must be covered under the Service Seeking $5,000 Cover, and Service Seeking in its sole discretion may make its payment of benefits under this Service Seeking $5,000 Cover contingent upon the determination that any Covered Losses are covered under the Service Seeking Cover.
  6. If relevant, you must inspect the applicable Covered Property to determine whether there are any physical losses or damages to any Covered Property and complete and file a Service Seeking Cover Claim Form with Service Seeking within 6 months of the Job being posted on Service Seeking. The Service Seeking Cover Claim Form will be provided to you via email after submitting a request to claims@serviceseeking.com.au.
  7. For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanour and for which you are filing a Service Seeking Cover Claim Form, you must file a police report listing such Covered Property and provide Service Seeking with a copy of such report, certified by you as true and correct.
  8. You must provide Service Seeking with all evidence that it requires to consider your Claim, including but not limited to proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Service Seeking.
  9. If relevant to your Claim, you must deliver an invoice in respect of the repair or replacement undertaken to rectify the Covered Loss (except for Stolen Deposits), unless we provide a written extension of such deadline.
  10. The proof of loss must state your knowledge and belief as to the following:
    1. The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
    2. The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
    3. The Actual Cash Value and replacement value of each item of the Covered Property that is the subject of the Covered Loss and the amount of such loss or damage to each item of such Covered Property.
    4. All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
    5. The date when you contacted the Business to request payment for the loss you are claiming, and the date on which the Business declined or failed to pay for the loss.
  11. As part of the signed and sworn proof of loss described above, you must provide Service Seeking with all information reasonably requested by Service Seeking to enable Service Seeking to determine the Actual Cash Value with respect to Covered Property, including:
    1. the original purchase price of such Covered Property,
    2. the date such Covered Property was acquired,
    3. the condition of such Covered Property,
    4. the date the Covered Property was damaged or destroyed and the estimated cost of repair or replacement of such Covered Property.
  12. You must (i) protect and preserve damaged Covered Property from further loss or damages and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.
  13. You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Service Seeking,
    1. exhibit all that remains of any damaged Covered Property and sign the written records of examination;
    2. produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and
    3. permit extracts and machine copies to be made of the above.
  14. You must permit Service Seeking to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Service Seeking to determine or warrant that damaged Covered Property is safe. We will have no liability to you or any other person because of any inspection or failure to inspect.
  15. You must cooperate with Service Seeking, including signing any documents, and timely responding to any reasonable requests by Service Seeking for additional information or documentation that Service Seeking may require or request to process the applicable Service Seeking Cover Claim Form.

Processing of Cover Claim Requests

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.

Approved Claim

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:

  1. For all Covered Property, the loss amount will not exceed the lesser of:
  2. the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss; or (vi) the Actual Cash Value of the Stolen Deposit.
  3. Any amount of any Covered Losses payable under the Service Seeking Cover will be reduced by the amount already paid to you or for your benefit by a Business for the same Covered Loss.
  4. Covered Losses will be paid in Australian Dollars.

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.

Acknowledgments and Agreements by the Customer

You acknowledge and agree that:

Service Seeking provides Customers with the Service Seeking Cover benefits described solely for the purpose of promoting use of Service Seeking by building customer loyalty and strengthening customer confidence as to use of Service Seeking.

These Service Seeking $5,000 Cover Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you.

Furthermore, these Service Seeking $5,000 Cover Terms are not an insurance service agreement as defined in a standard home owner’s insurance policy.

The benefits provided under these Service Seeking $5,000 Cover Terms are solely as set forth in the paragraph entitled "Service Seeking Cover" above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

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 $5,000 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.

Modification or Termination of Service Seeking $5,000 Cover Terms

Service Seeking reserves the right to modify or terminate these Service Seeking $5,000 Cover Terms, at any time, in its sole discretion, and without prior notice.

If Service Seeking terminates these Service Seeking $5,000 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 $5,000 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 $5,000 Cover Terms.

If the modified Service Seeking $5,000 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 $5,000 Cover Terms generally or in any jurisdiction, at any time, in its sole discretion, if:

(i) these Service Seeking $5,000 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 $5,000 Cover Terms in any jurisdiction; or
(iii) Service Seeking determines or a court or arbitrator holds that the provisions of these Service Seeking $5,000 Cover Terms violate applicable law.

If Service Seeking modifies or terminates these Service Seeking $5,000 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.

Disclaimers and Limitations of Liability

If you choose to use Service Seeking as a Customer, you do so at your own risk. The Service Seeking $5,000 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 $5,000 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 $5,000 Cover Terms, in no event will Service Seeking’s aggregate liability arising out of or in connection with

(a) these Service Seeking $5,000 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.

General Provisions

Indemnification

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 $5,000 Cover Terms.

If you rent (rather than own) the Covered Property where you hired a Pro Business to commence work, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Covered Property.

Entire Agreement

These Service Seeking $5,000 Cover Terms constitute the entire and exclusive understanding and agreement between Service Seeking and you regarding the Service Seeking Cover and these Service Seeking $5,000 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 $5,000 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 $5,000 Cover Terms, the exercise by either party of any of its remedies under these Service Seeking $5,000 Cover Terms will be without prejudice to its other remedies under these Service Seeking $5,000 Cover Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Service Seeking $5,000 Cover Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Service Seeking $5,000 Cover Terms will remain in full force and effect.

Contacting Service Seeking

If you have any questions about these Service Seeking $5,000 Cover Terms, please send us an email to claims@serviceseeking.com.au