Terms and Conditions
User Agreement: www.BuySellTender.com.au
PLEASE READ ALL TERMS & CONDITIONS before using the BuySellTenderplatform.
BuySellTenderACN:616 371 950 ("BuySellTender", "we" or "us") operates an online platform and app ("BuySellTender Services") allowing users ("User" or "You"), including Service Men/Women, Buyers and Sellers to connect and perform business/personal services and outsource Jobs and buy and sell goods through BuySellTender's platform including through our website at www.buyselltender.com.au, the BuySellTender iPhone application or BuySellTender Android application or any other platform we may introduce in the future ("BuySellTender Platform").
1.1 BuySellTender provides a platform for connecting people who have Jobs that need completing with Service men/women to complete them and also buyers with sellers and vice versa.
1.2 A reference to User in this agreement includes User Listing a Job, Professional serviceMen/Women, Buyers and Sellers and any other person that visits or views the BuySellTender Platform.
1.3 A User creates an account with BuySellTender when she/he validly completes a registration login form on the BuySellTender Platform.
1.4 BuySellTender provides the platform only. Apart from enabling Users to find a Professional Service Man/Woman to provide a particular service or listing goods for sale to connect with buyers, BuySellTender accepts no liability for any aspect of the Deals made between Users listing a Job,Service Men/Womenor buyers and seller’sinteraction, including but not limited to the description of goods and services Estimated, the performance of services, the delivery of goods and contract or agreement of money between users. BuySellTender has no obligation to any User to assist or involve itself in any way in any dispute between a User listing a Job and a Professional Service Man/Woman.
1.5 All information related to services to be performed or goods to be provided is supplied by BuySellTender Users. Unless expressly stated to the contrary, BuySellTender does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the BuySellTender Platform.
1.6 You expressly agree that BuySellTender has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all BuySellTenderService men/women’s and Users listing a Job, Buyer and Sellers), including, but not limited to, the ability of BuySellTenderService Men/Women’s to perform Jobs or supply items, or the honesty or accuracy of any information provided by Users listing a Job or User enquiring about goods for salemust have the' ability to pay for the services or goods requested.
1.7 You agree that you as the User Listing a Job, You as the User providing a Service, You as the User Buying an Item, You as the User Selling an Item, that you will ensure your own insurance, health safety for work completed and look after all deals made between users.
2.1 A Person Listing a Job or Itemfor sale will post an accurate description with photo of the job or Item for sale. User’s with a requirement for a service to be provided or good to be sold/acquired (1) creates an account with BuySellTender and (2) posts an accurate and complete description of the good to be sold or service to be provided ("Listed Job"). Listed Jobs are subject to further terms set out for Listing Jobs and Making Estimates below.
2.2 A person providing the appropriate service with the relevant skills/licence (is legally allowed to provide the service, by means of being licenced for the job should it be required) will tender on the listed job by giving an estimated Estimate.
2.3 If a BuySellTenderService Man/Women desires to provide services to a Job Listed, the BuySellTenderService Man/Women must make an estimated Estimatein response to the Listed Job ("Estimate"). By making anEstimate the BuySellTenderService Man/Woman confirms that she/he is legally entitled to and capable of supplying the goods or services described in the ListedJob. Estimates are subject to further terms set out for Posting Jobs and Making Estimates below.
2.5 If a User in any way updates a ListedJob after it has been published on the BuySellTender Platform and before anEstimate has been accepted, then BuySellTender may, at its discretion, cancel all Estimates for that ListedJob that were made prior to the update and recommence the Estimate process.
2.6 If the User agrees to aBuySellTenderService Man/Woman's Estimate, the Job Listed User will accept that BuySellTenderService Man/Woman's Estimate by using the functionality on the BuySellTender Platform.By doing this the Service Man/Woman is locked in to completing your Job and will be charged the $5 fee for the job. You will have your own private agreement outside of BUYSELLTENDER for payment and receiving funds/goods.
2.7 BuySellTenderUsers, may use a chat function on the platform to communicate directly about Listed requests for services or buying/selling goods. Once a User has received anEstimate from aBuySellTenderService Man/Woman, the User listing the Job and the BuySellTenderService Man/Woman can communicate privately using theBuySellTender private messaging service. Each time aBuySellTender User receives a message from the BuySellTender messaging service, a notification will be sent to the User with a number highlighted in red at the bottom of the Job bar on the app platform.
2.8 Once the User listing the Job has received estimates on their listing it is a requirement that the User listing the Job accept the estimate that is most suitable. This will unlock their contact details to make further arrangements for the job.
2.9 Once a transaction is concluded, both the BuySellTenderService Man/Woman and Users listing a Job are strongly encouraged to complete aBuySellTender service review using any feedback features on the BuySellTender Platform. BuySellTender will, from time to time, contact you to remind you to complete aBuySellTender service review and de-list your job.
3.0 The BuySellTender Platform may from time to time include location/ map-based functionality. The BuySellTender Platform may display the location of Users to enable users to find Jobs and Items within their chosen range. Each User upon login sign up will be asked to provide their location by means of area code, this can be updated at any time. Users however should never disclose personal details such as their full name, street number, phone number or email address in a Listedor item for sale in any other public communication on the BuySellTender Platform.
3.1 If the User Listing a Job and the BuySellTenderService Man/Woman mutually agree to cancel the Job Contract or if, following reasonable attempts by a User listing the Job, to contact aBuySellTenderService Man/Woman to perform the Job Contract, BuySellTender is satisfied that the Job Payment should be refunded and there is no dispute between the User listing the Job and the BuySellTenderService Man/Woman, then BuySellTender will refund the Job Payment back into the Tendered Service Man/Woman nominated account.
4. Requirements to Create an account
4.1 ABuySellTender account can only be created in the name of an individual with a profile picture. However, aBuySellTender User registering as aBuySellTenderUser may specify within the "account description" field that she/he is representing a business entity (including a company).
4.2 To create and account and use the BuySellTender Services You must be able to form legally binding contracts under applicable law. BuySellTender Services are not available to persons under 18 years of age. If You do not qualify to use the BuySellTender Services, you must not use the services.
4.3 While You are registered with BuySellTender You must maintain control of your BuySellTender account. You may not deal with your account (including feedback and associated User email and password) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
4.4 At its absolute discretion, BuySellTender may refuse to allow any person to register or create an account with BuySellTender or cancel or suspend any existing account.
5. User Responsibilities
5.1 You agree that at all times:
- (a) You will comply with this Agreement (including all BuySellTender Policies) and all applicable laws and regulations;
- (b) You will post only accurate information on the BuySellTender Platform;
- (c) You will promptly and efficiently perform all your obligations to other BuySellTender Users under a personal agreement or legal binding contract
- (e) You will ensure that You are aware of any laws that apply to You as a the User listing the Job or aService Man/Woman, or in relation to any other way(s) that You use the BuySellTender Platform.
- (f) You will ensure that all communications are kept professional.
- (g) You will take full responsibility for your own work place health and safety, insurance and licencing that may be required by law.
- (h) Users listing a Job will ensure that the service man/woman chosen for the job has been made clear by either or accepting the estimate, marking the job complete and rating the service man/woman completing a job or delisting the job and selectin the relevant Service Man/Woman.
5.2 You must not use the BuySellTender Platform for any illegal or immoral purpose.
5.3 You grant to BuySellTender an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information Listed on the BuySellTender Platform for the purpose of including that material and information on the BuySellTender Platform and as otherwise may be required to provide the BuySellTender Service, for the general promotion of the BuySellTender Service and as permitted by this Agreement.
5.4 Any information Listed on BuySellTender Platform must not, in any way whatsoever, be potentially or actually harmful to BuySellTender or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by BuySellTender. Without limiting any provision of this Agreement, any information You supply to BuySellTender must be up to date and kept up to date and must not:
- (a) be false, inaccurate or misleading or deceptive;
- (b) be fraudulent or involve the sale of counterfeit or stolen items;
- (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
- (e) be defamatory, libellous, threatening or harassing;
- (f) be obscene or contain any material that, in BuySellTender's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate, lewd or unlawful images;
- (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any BuySellTender Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
- (h) Must not conduct lewd conversation between users and or feedback at anytime
- (i) Must be appropriately licenced and insured to lawfully offer your advertised and selected services.
- (j) Must ensure that your contractor’s license is entered should your field of work require a license for the services you are providing.
5.5 You must have the right to provide goods and services under a Job Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a JobContract,
5.6 When You enter into a Job Contract using the BuySellTender Platform You create a legally binding contract with another BuySellTender User, unless the transaction is prohibited by law or by this Agreement (including the BuySellTender Policies). If You do not comply with your obligations to another BuySellTender User, you may become liable to that other User. If another User breaches any obligation to You, You - not BuySellTender - are responsible for enforcing any rights that you may have with that User.
5.7 If BuySellTender determines at its sole discretion that You have breached any obligation under this clause 9, it reserves the rights to remove any content, ListedJob or Estimate You have submitted to the BuySellTender Service or cancel or suspend Your account.
6.1 Registering and creating and account with BuySellTender is free. There is no charge to list a job, sell or buy an item.
6.2 A $5 fee will only be charged directly to the person tendering on the listed job when the tender estimate is accepted.
6.3BuySellTender may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your BuySellTender account.
6.4 All fees and charges payable to BuySellTender are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
7. Listing a Job or Item for Sale/Finding a Job or Buying an Item.
7.1 A ListedJob must include the following details in order to be accepted by BuySellTender:
- (a) Deadline for completion: the deadline for completion of the Job or delivery of the goods;
- (b) Photo of the Job.
- (c) Description: a description of the goods or services.
7.2Users Listing a Job/Item for Sale must describe the service or goods fully and accurately and include all terms of sale or supply that You want to apply, as well as any information required by law. ListedJobs may only include text. You must have the legal right to use any content that You post. BuySellTender may, in its sole discretion, remove any ListedJob for any reason.
7.3Finding a Job, Users that a service Men/Women will select their area of expertise in which they are qualified and competent and will notified of Jobs within their area specified. Users finding a job will view the relevant listed jobs and make anEstimate free of charge offering their services with a message to the User. They will agree to having read these terms and conditions. The User Listing a Job will then be able to discuss the job further and make a decision on who to choose and will then accept the Estimate or de-list job and have the option to rate the user. This will charge the User finding a Job $5 as the job has been secured/completed.
7.4 Once a User listing a Job accepts anEstimate from aBuySellTenderService Man/Womanno further negotiations are permitted on the BuySellTender Platform in relation to the provision of the relevant goods or services. If, after the User Listing a Job accepts aEstimate from aBuySellTenderService Man/Woman, the BuySellTenderService Man/Woman and User listing the Job wish to negotiate on price or timeframe for completion (for example, where User listing the Job is not satisfied with the BuySellTenderService Man/Woman's performance) they may use the BuySellTender private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the BuySellTender Platform,. We encourage accurate feedback to users that do not provide a professional service.
7.5 If aBuySellTender User, BuySellTenderService Man/Woman or User listing a Job wishes to complain about any comment made on the BuySellTender Platform, please either use the "Contact Us" function available on the BuySellTender Platform via the “More” Icon at the bottom of the home page.
7.6User Listing a Job may choose not to accept any Estimate received and is not required to accept the lowest Estimate. Users listing may withdraw any ListedJob at any time prior to accepting anEstimate from aBuySellTenderService Man/Woman.
7.7ABuySellTender User or BuySellTenderService men/women has no obligation whatsoever to make aEstimate on any ListedJob.
8. Rating a User and Giving Feedback
8.1 BuySellTender is entitled to suspend or terminate your account at any time if BuySellTender, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other BuySellTender Users.
8.2 To continue to improve our BuySellTender Platform, please let us know of any issue that You experience by contacting us through our contact us now link.
9. Excludes Liability
9.1 BuySellTender specifically renounces all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Users listing a Job, Buyers and Sellers and Service Men/Women’s.
9.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, BuySellTender specifically renounces all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the BuySellTender Platform.
9.3 BuySellTender's liability to any User of this service is limited to a refund of the $5 charge of the job in question only, we renounce any liability for replacement of goods or goods not received. We also renounce any liability for service man/women’s injuries or injuries to those contracting the work via the BuySellTender platform.
9.4 BuySellTender's renounce all liability for work being performed. The user (Listing the Job& Service Man/Woman, Buyers & Sellers) of the BUYSELLTENDER platform accept full reasonability for ensuring that the work is completed under the relevant state and federal laws.
10. Failure to complete
10.1 If You, as an BuySellTenderService Man/Women or User listing the Job, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to BuySellTender's rights under this Agreement (including any BuySellTender Policy) to suspend (temporarily or indefinitely) or terminate any User's account, You may be in breach of your obligations to both BuySellTender and the BuySellTenderService men/women or User Listing the Job, with whom you are transacting under a Job Contract.
12. No Warranties
12.1 Except for liability in relation to any Non-Excludable Condition, the BuySellTender service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
13. Updates to the agreement
13.1 BuySellTender may modify this Agreement and/ or the Policies (and update the BuySellTender pages on which they are displayed) from time to time. BuySellTender will send notification of such modifications to your BuySellTender account. You should check that account regularly.
13.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the BuySellTender Platform in any manner after the expiry of that 30-day period or such other notice period notified to You, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
13.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your BuySellTender account and stop using the BuySellTender Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any BuySellTender Policy cannot be amended except in writing signed by You and BuySellTender.
14. No Agency
18.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind BUYSELLTENDER, its related entities or affiliates in any way whatsoever. BUYSELLTENDER confirms that all Third-Party Services that may be promoted on the BuySellTender service are provided solely by such Third-Party Service providers. To the extent permitted by law, BuySellTender specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
15.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to BuySellTender's contact address as displayed on the BuySellTender Platform, or to BuySellTender Users' contact address as provided at registration. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User listing the Job is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or Listed from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
- (c) Notices related to performance of any Third-Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
16.1 BuySellTender encourages You to try and resolve disputes (including claims for returns or refunds) with other BuySellTender Users directly. Accordingly, you acknowledge and agree that BuySellTender may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
16.2 BuySellTenderwill not be involved in disputes of payments between those listing Jobs or Goods and those buying Goods and Tendering on Jobs. It is up to the users to ensure good and fare deals are made.
16.3 If You have a complaint about the BuySellTender Service please contact us.
16.4 If BuySellTender provides information of other BuySellTender Users to You for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify BuySellTender against any claims relating to any other use of information not permitted by this Agreement.
17.1 This Agreement is governed by state and Federal of Australia. You and BuySellTender submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
17.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
17.3 This Agreement may be assigned or novated by BuySellTender to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
17.4 This Agreement sets out the entire understanding and agreement between You and BuySellTender with respect to its subject matter.