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Terms of Service Agreement and Rules
NOTE: These Terms of Service form a legally binding agreement between you and Protask Pty Ltd ("Protask", "we" or "us") and govern your use of the Site.
Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information which are contained on it (‘Site Content’).
By clicking in the check box beside the statement "I have read, and agree to abide by the terms and agreements above" link on the Registration page you acknowledge that we will regard this as conclusive evidence of your agreement and acceptance that these terms govern yours and our rights and obligations to each other. You reconfirm your acceptance of these Terms of Service each time you access any part of the Site.
Terms of Service and Site Policies
The following are the Terms of Service (hereinafter the "Agreement" and/or the "Terms of Service").
The Agreement hereby incorporates all terms and conditions, rules, policies, and guidelines as may be displayed on the Site from time to time.
We reserve the right to revise these Terms of Service and Site Policies and all linked information from time to time (including any period during which we may run a promotion or a competition involving the awarding of prizes or other gifts) in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect immediately they are posted on the Site. Further, these Terms of Service may be revised at any time without notice. You are responsible for reviewing these terms on each occasion that you revisit the site and if you continue to use our site after changes are made you are deemed to have accepted them.
You are welcome to print a copy of the Terms of Service for your records and we suggest that you consult the Terms of Service on the Site regularly to check for updates.
Registration
You must be at least 18 years old to register for an account and to become a Member. You must not attempt to register if you are under 18 years old. When registering for an account and to become a member you must provide us with accurate, complete and up-to-date information as requested and it remains your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account Settings when logged in.
Permitted Use
We will not tolerate any use of the Site which causes damage to our reputation or the reputation of the Site, or is likely to damage our reputation or the reputation of the Site, threatens the availability or security of the Site, or which causes us or exposes us to the likelihood that we will incur any legal, tax or regulatory liability. You must not use the Site or Services for any illegal purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage. You must comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through our site.
We reserve the right to suspend your use of our site generally or block your access to any part of the site and/or to suspend or terminate your rights to use the site or any part of it if we suspect misuse. We also put you on notice that we shall report any misuse of our site to relevant legal enforcement or local authorities. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.
Members Obligations:
Password and Use
You are responsible for maintaining the confidentiality and security of your Site member name and password. You must keep safe your password and you are wholly responsible for all activities that occur under your Site member name and password. You agree to immediately notify us of any unauthorized use of your Site member name or password.
Fees
Use of the Services on the ProTask website is free to all registered members.
However, Protask reserves the right to introduce fees, or to offer paid subscriptions for any of the Services on the Site at any time. If we introduce a fee for a service we will give prior notice of the fee charges or paid subscriptions on the Site and of the commencement date of the fee charges or paid subscriptions.
If we decide to charge fees for a new service on the Site then the fees are effective at the launch of the service, unless otherwise stated on the Site.
Members Data
You remain solely responsible for the creation, recording, storage, and backup of your business records. Nothing in these Terms of Service or you registering as a Member for use of the Site or your subsequent use of the Site is to be construed as creating any responsibility on our part to record, maintain, store, backup, retain, or grant access to any information or data for any period. Further the amount of storage space per member is currently limited and you agree that we are not responsible or liable for the deletion or failure to store information.
As a Member you are solely responsible for familiarizing yourself with and complying with:
- all domestic laws (including common law);
- all international laws;
- all statutory requirements of any kind
Which relates to or arises from, or affects your use of the Site and Services in any way
As a Member you are also solely responsible for:
- Payment of income tax;
- Goods and Services Tax, payroll tax, payroll withholding, sales tax;
- Governmental reporting or other legal requirements under any applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors;
- Ensuring that in using the Site and Services you do not violate the Trade Practices Act 1974 (Cth) or any other relevant state-based fair trading legislation.
Which relates to or arises from your use of the Site and Services in any way
Posting Rules
All information that you transmit or post on the Site, or otherwise transmit to any other Member by any other means (‘Content’) must be true complete and accurate and kept up to date if the information changes.
Members must not post or transmit on the Site, or otherwise transmit to any other Member by any other means Content:
- that is unlawful, or obscene, defamatory, indecent, offensive or inappropriate or may be considered by others to be obscene, defamatory, indecent, offensive or inappropriate;
- is false or misleading in any way;
- infringes or may infringe the rights of any third party;
- you do not have a legal right to make available under any law or contractual obligation;
- is sexually explicit or contains sexual references / innuendo;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers;
- containing advertisements, solicitations or offers of full-time employment;
- that is wholly or partially plagiarized from others work;
- attempts to solicit other Members to contact you directly to circumvent the payment of fees to us or to undermine the Site feedback or ratings systems;
- that violates in any way any term of this Agreement.
You are solely responsible for Content that you transmit or post on the Site, or otherwise transmit to any member of the Site by any other means and acknowledge that we are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Site, or otherwise transmitted to any member of the Site by any other means, by any person.
We reserve the right, but have no obligation, to review Content transmitted or posted on the Site, or (where possible) otherwise transmitted to any member of the Site by any other means. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Site, or otherwise transmitted to any other member of the Site by any other means, by any person.
Period of Exclusivity
Users hereby agree that for a period of six (6) months after accepting a job proposal, if they post, solicit, or purchase any services from the same Professional member they will do so exclusively on the Site, whether the services are for the same job, a follow up job, a similar job, or a new unrelated service.
Professionals hereby agree that for a period of six (6) months after acceptance of a proposal by a User, if they provide any services to the same User member they will do so exclusively on the Site, whether the services are for the same job, a follow up job, a similar job, or a new unrelated service.
Access and Interference
The Site contains robot exclusion headers and you hereby acknowledge and agree that you will not use any robot, spider, other automated device, or any manual means or other method to:
- access, monitor or copy our web pages or the content contained therein without our prior written permission;
- bypass our robot exclusion headers;
- to interfere (or attempt to interfere) with the proper working of the Site or any transaction being conducted through the Site or bypass any measures we may use to prevent or restrict access to the Site or any part of the Site;
- Impose, or potentially impose (to be determined at our absolute discretion) an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (other than content you have submitted to the Site) from the Site without our prior written permission or in the case of third party content, of the party authorized to grant such permission.
RELATIONSHIPS
Online Platform
We provide the Site as an online platform whereby ‘User’ Members may post Jobs inviting ‘Professional’ Members to bid on those Jobs and Professional Members may post information about their skills and make proposals on Jobs posted by Users.
You hereby acknowledge and agree that Protask is not involved in the actual transaction between Users and Professionals. As a result, we have no control over and do not guarantee the quality, safety or legality of Professional services or Content posted by other members on the site, the truth or accuracy of listings, the ability of Professionals to complete or deliver Professional services or the ability of Users to pay for Professional services or that a User or Professional on the Site will actually complete a transaction or act lawfully in using the Site. All rights and obligations arising from the purchase and sale of any Jobs are solely between Users and Professionals and each User and Professional must look only to the other for enforcement and performance of all the rights and obligations arising from Jobs in accordance with the Terms of Service and any services agreement negotiated between the parties.
Notwithstanding that we are not a party to any services agreement entered into by Members of the Site, Members hereby acknowledge and agree that the reputation and goodwill of the Site will be adversely affected if a Member acting as either a User or Professional violates a service agreement. Accordingly you hereby acknowledge and agree that we are an intended third-party beneficiary of each services agreement entered into and we have the right to take such legal actions against any Member that in our sole discretion we deem necessary to protect our interests.
Because we are not involved in the actual transaction between Users and Professionals to the full extent permitted by law we hereby specifically disclaim all liability for any loss or damage, (actual, special, direct, indirect and consequential) of all and every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction or use of the Site.
Further, we are not involved with or a party to any transactions that take place between members of the Site and we do not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatsoever nature) with another member or user of the Site in any way arising out of or in any way connected with your transaction or use of the Site.
Note: this Agreement may be pleaded as a bar to any action, suit or proceeding commenced or taken at any time by you, against us for any matter arising out of any transaction or your use of the Site or otherwise in respect of this Agreement. Notwithstanding the foregoing this release does not affect any rights you may lawfully have against us.
Representations or Endorsements
We may from time to time send you communications and notices regarding your transactions and/or your account on the Site. Any communications or notices sent to you do not represent and are not an endorsement, guarantee or legitimization of your transactions on the Site. You are solely responsible for completing all transactions you participate in including but not limited to the monitoring of the status of the transaction and compliance with all relevant legal obligations. Further, where information has been provided to us by another member about a transaction and we provide that information to you, we do not control, endorse or approve such information.
Site Content
Protask neither endorses, nor are we responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone (including other Members). Further, where it is apparent that a product or service, or information is not provided by us, your legal relationship in respect of those products, services and that information is with the third party who provided the product, service or information. Specifically we do not confirm or verify that a Professional claiming to be professionally qualified or claiming to be qualified to provide professional advice is in fact qualified or licensed or otherwise qualified in any way to provide the Services or advice being requested. All information, opinions and content contained on the Site are provided for Members information purposes only and do not and are not intended to constitute expert professional advice or to be relied upon in any way by you. You should carry out your own independent verification of Professional Members qualifications and credentials to give such advice before relying upon same.
Identity of Members and Directory of Professionals
Whilst we verify the accuracy of the e-mail address our Members provide us when they register on the Site, because user verification on the Internet is difficult, we do not confirm each user's purported identity. However, we have established a user-initiated feedback system to help you evaluate other Members with whom you may be dealing.
The Site contains a directory of Professionals provided as a convenience only. This is not a referral service, and no claims are made regarding anyone listed in the Directory and we do not guarantee the credentials of listed Professionals. Anyone using the Directory should request validation of a Professional’s credentials prior to dealing with or entering into a transaction with a Professional from the Directory.
Links
Links or pointers to other websites and references to products and services offered by third parties are provided to you on the Site for convenience only and do not constitute an endorsement or approval by us of any of the following:
- the organizations, persons or entities that operate such websites;
- the content, privacy policies or other terms of use on such websites; or
- such third party products and services.
We have no control over nor responsibility for websites or content maintained by other organizations, persons or entities, or for products and services offered by third parties, accordingly we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk and subject to the terms and conditions of use of the particular website, product or service concerned.
Confidentiality
We do not wish to breach any rights such as rights of privacy and publicity you may have in information provided to us by you or placed on the Site by you ("Your Information"). Nevertheless in order that we may use Your Information in connection with the Site without violation of those rights, you by registering for an Account on the Site grant to us a non-exclusive, worldwide, perpetual, royalty-free licence (with a right of sub-licence) to exercise the copyright, publicity and database rights you have in Your Information, in accordance with, and for the purposes set out in, this Agreement and our Privacy Policy.
Further, the transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not be secure, and is subject to possible loss, interception or alteration while in transit by third parties. Accordingly, under no circumstances do we assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). Whilst we will make commercially reasonable efforts to safeguard the privacy of the information you provide to us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
Limitation of Liability, Disclaimer and Release
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Protask of goods or services on the Site which cannot be excluded, restricted or modified (Non-excludable Rights). Protask does not exclude any Non-excludable Rights but does expressly exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Protask’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Protask’s option, to the re-supply of the relevant Protask service.
Except as provided for by the Non-excludable Rights all Content is provided without warranties of any kind, either express or implied and we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content.
We do not warrant or represent that the Content will not cause you any damage, that the functions contained in any Content or your access to the Site will be reliable, uninterrupted or error free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors.
We do not warrant or make any representation regarding your access to or the results of your access to the Site (including any related or linked websites), any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, the functionality, security or reliability or accuracy of the information contained on the Site or any related or linked websites.
You assume the entire cost of any necessary verification of any relevant Content which you wish to have verified and you agree that you use the Site and rely on material contained in the Site at your own risk. You should make your own inquiries before entering into any transaction on the basis of the Content. We do not check the accuracy of the Content and you acknowledge that we are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or the theft, destruction, damage or unauthorized access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of Protask) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content and you, by these Terms of Service, release forever and indemnify Protask from any liability it may incur arising out of (whether directory or indirectly) your use of the Site.
You expressly acknowledge and agree that we do not exert control over other users of the Site and are not liable either for their opinions or their behavior including any information or advice and any defamatory statements, or offensive or illegal conduct.
If you have a dispute with another Member, you hereby release us from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Indemnity
You agree to indemnify Protask against any loss or damage suffered, or costs incurred, by us in connection with your use of the Site or any breach by you of the Terms of Use or any other legal obligation.
Intellectual Property
Subject to and conditional upon the Members compliance with the following Protask grants to you a non-transferable, non-exclusive licence to access and (for Members) to use the Site:
- for your own viewing; and
if a registered Member
- for the purpose of using the Services provided on the site.
You must not copy, reproduce, recompile, decompile, disassemble, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Site without our prior written consent.
Any modification of the Site content would be a violation of our copyright and other proprietary rights and you must not offer any part of the Site for sale or distribute it in any way, including, but not limited to, a hyperlink frame, or a computer network without our prior written consent.
The Site, the Content and the information contained within the Site must not be used to construct a database of any kind. The Site, the Content and the information contained within the Site must not be stored (in full or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. Under no circumstances may you make any commercial use of The Site, the Content and the information contained within the Site without our express written consent. Further, you must not use the Site, trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to, or are associated with you, or are used with our consent (unless we have given prior written consent) and you acknowledge that you have no ownership rights, in and to any of these names and marks.
Any rights not specifically granted in this Agreement are reserved to us and you do not acquire, by implication or otherwise, any right in or title to any Intellectual Property. The limited licence does not cover access to and use of information or Intellectual Property owned by third parties which appears on the Site.
Mediation or Arbitration of Disputes between You and Protask
Any dispute or difference whatsoever arising out of or in connection with this Agreement between Protask and you may be submitted to independent mediation by referral by either party to a recognized commercial disputes centre. The parties agree to be bound by the outcome of such mediation and each party will bear its own costs and split equally any joint costs of mediating the dispute.
If the dispute or difference is not amicably settled within fourteen (14) days of the submission to mediation (unless such period is extended by agreement of the parties), then the matter may be subjected to independent arbitration at either party’s election and the arbitrators decision shall be binding on both parties.
The arbitrator shall be from a commercial dispute resolution centre selected by us and each party will bear its own costs and split equally any joint costs of arbitrating the dispute.
The parties agree that the parties, their representatives, other participants and arbitrators shall hold the existence, subject matter and result of arbitration in confidence.
Termination and Suspension
You may only terminate your membership of the Site (for any reason) by providing written notice to us. You can provide written notice of termination by any of the following methods:
- emailing us via the Contact Us page with "Terminate Account" as the subject; or
- mailing it to our postal address listed on the Site;
Without limitation we reserve the right to do (but are not required to) any or all of the following in relation to your membership:
- issue you a warning, temporarily or permanently suspend, or terminate your membership if we believe (to be determined at our absolute discretion) that your actions may cause a legal liability for you, other Members or for us, or are contrary to the interests of the Site;
- permanently or temporarily hide all or part of your member information;
- modify your member information;
- terminate your membership for any reason by providing notice to you by email;
- terminate your membership immediately without notice to you if we believe you have committed a breach of these Terms of Service;
- Deactivate your membership if you have not used the Site for a period of 6 months or more (from the date of last use); and/or permanently or temporarily block your access to all or part of the Site.
In the event that we terminate your membership we shall continue to perform those things necessary to complete any open transaction between you and another Member and notwithstanding the termination of your membership you will continue to be liable to pay any Professionals for any Services for which you have hired such Professionals in order to complete any such transactions. Following termination you also remain liable to pay any fees due to us and any subscription fees paid in advance will be forfeited.
In the event that we temporarily or permanently suspend, or terminate your membership or your access to the Site is suspended due to the breach of this Agreement, we reserve the right to notify other Members with whom you have open transactions that you have been temporarily or permanently suspended, or your membership terminated.
The clauses of these Terms of Service entitled "Limitation of Liability, Disclaimer and Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Mediation or Arbitration of Disputes between You and Protask," "General," and "Fees" will survive the termination of this Agreement.
General
This Agreement, the Terms of Service and all documents referenced in the Terms of Service (including the Site Policies but not including the "sample Services Agreement" document represents the entire understanding and agreement between us and you and supersedes any prior proposal, representation or agreement, written or oral.
We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information.
Any failure or delay by us in enforcing any provision of the Agreement does not mean that we no longer regard that provision as binding. A waiver by us of a breach of a provision of this Agreement does not constitute a waiver of any other breach of the Agreement.
You will not transfer, assign or delegate or otherwise deal with your rights or obligations (including your Account) under this Agreement to another party without the express written permission of Protask, and any attempt to do so will be null and void. We may assign this Agreement at our discretion.
A provision of this Agreement that is unlawful, void or for any reason unenforceable will be deemed severable from, and will in no way affect the validity or enforceability of, the remaining provisions of the Agreement which will remain in full force and effect.
This Agreement is governed by, and is to be construed in accordance with; the laws of the State of Queensland and the parties agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland.
Any notice to be served by one party on the other under this agreement must be in writing and is deemed to have been duly served if given:
- by mail, two (2) business days after it is posted to the party's last known address; or
- by hand, at the time it is left at the party's last known place of residence or business; or
- by email or facsimile transmission, at the time of transmission to the party’s last known facsimile number or email address; or such earlier time if acknowledged by the receiving party.
Use of the Website outside Australia
This Website is not directed at people in any other country other than Australia. Further, if you are from a country other than Australia and if the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the Website. If you do so, you indemnify Protask for any Loss or damage which may be incurred as a consequence.
Definitions:
In this Agreement:
"Account" means the Protask Account opened by you when registering to become a Member of the Site.
"Agreement" means these Terms of Service and which by reference is inclusive of the Site Policies;
"Content" means all information that you transmit or post on the Site, or otherwise transmit to any other Member by any other means
"Intellectual Property" includes any copyright; design, patent and trade mark rights (whether registered, unregistered or applied for), know how, inventions, processes, confidential information (whether in writing or recorded in any form) and any other proprietary, licence or personal rights arising from intellectual activity in the business field;
"Job" means a posting on the Site by a User describing Professional Services they require to purchase and inviting Professionals to submit a proposal to provide the Professional Services described in the posting.
"User" means a Member that locates and purchases Professional Services.
"Member" means a person or legal entity that registers for an Account on the Site.
"Professional" means a Member that offers and delivers Professional Services.
"Professional Services" means Services delivered by Professionals to Users of the Site.
"Protask Pty Ltd, Protask, We, Us" means Protask Pty Ltd A.C.N 133 795 696 and its directors, members, officers, employees, contractors, executors, administrators, successors and permitted assigns.
"Sample Services Agreement" means the sample document provided on the Site for reference purposes only and which does not, and is not intended to constitute legal advice.
"Services" means the online platform on the Site made available by Protask where Users and Professionals are able to interact by using the services provided (hereinafter the "Services") which are further defined as:
Linking Services
Whereby Users post listings describing Professional Services they require ("Jobs") in order that they may receive proposals from Professionals or otherwise communicate with and hire Professionals to provide the Professional Services they require for Jobs through the Site; and
Professionals may advertise their skills, search for Jobs and provide proposals for Jobs posted by Users and otherwise communicate with Users through the Site.
"Site Content" means all documents, links, User Content and information which are contained on the website at www.protask.com.au
"the Site" means the website www.protask.com.au
"User Content" means all information that Members transmit or post on the Site, or otherwise transmit to any other Member by any other means.
"visitor" means a person who is only visiting the Site, who is not a Member.
"you" means a Visitor or a Member accessing the Site or using the Services.
"Your Information" means information provided to us by you or placed on the Site by you
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