Terms and Conditions
Country Specific Terms in Appendix B shall also apply to this Agreement. Please contact us here if you have any other questions. Thanks for connecting.
The Securely™ terms & conditions (updated May 2021) outline Securely™ and Your obligations and responsibilities on the Securely™ Platform. In this update to our Terms and Conditions, Securely™ has updated information as a result of its new Search Assist feature and added new Country Specific Terms for Australia.
User Agreement: www.securely-app.com
Securely™ operates an online platform allowing Users to connect through the Securely™ Platform with other Users who provide Services.
Please read these terms and all Policies including the Community Guidelines carefully before using the Securely™ Platform. These Policies are incorporated into this Agreement by reference.
All defined terms in this Agreement have the meaning given to them in the Securely™ Glossary.
1. SCOPE OF SECURELY™ SERVICES
1.1 Securely™ provides the Securely™ Platform to enable Sub Contractors and Clients a secure way to conduct transactions.
1.2 Sub-Contractors and Clients may make an Offer in response to a Project. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A contractor or customer may revoke or modify a Secured Job at any time before he/she accepts an Offer. Securely™ reserves the right to cancel all Offers on a Posted Task made prior to the modification.
1.4 If a Poster accepts an Offer on the Securely™ Platform, a Contract is created between the Sub Contractors and Client.
1.5 Upon creation of a Contract, the Client must pay the Agreed Price into the Payment Account.
1.6 Upon creation of the Contract, Securely™ has rendered Securely™ Services and the Service Fee is due and payable.
1.7 Once the Contract is created, the Sub Contractors and Client may vary the Contract on the Securely™ Platform. The Contractor and Customer are encouraged to use Securely™’s private messaging system to amend or vary the Contract (including the Agreed Price) or to otherwise communicate.
1.8 Once the Services are complete, the Sub-Contractor must provide notice of that on the Securely™ Platform.
1.9 Once the Services are complete, the Client must provide notice of that on the Securely™ Platform.
1.10 Once the Contract has been completed and the Client confirms the Services are completed, or if Securely™ is satisfied the Services have been completed, the Clients Funds will be released by Securely™ from the Payment Account to the Sub Contractor. However this process does not apply to the payment of Recurring Services which is addressed in clause 1.16 below.
1.11 After the Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Securely™ Platform.
1.12 Securely™ may also provide a Search Assist feature enabling Sub Contractors to submit an Offer for Services.
1.13 An Offer submitted by a Sub Contractors using Search Assist may be notified to other Users and such Users may elect to make an Instant Claim of it.
1.14 When using Search Assist a Sub Contractors and Clients Contract is created when a Sub Contractor or Clients makes an Instant Claim (and in the case of Recurring Services a Contract is created for the first Occurrence only). For Recurring Services, the next Contract is created upon completion of the previous Occurrence.
1.15 A Sub-Contractor or Client may revoke or modify its Offer in using Search Assist, including for Recurring Services, at any time before a Sub-Contractor or Client makes an Instant Claim. Securely™ reserves the right to cancel all Tasks made prior to the revocation or modification.
1.16 For Recurring Services and subject to clause 1.17, once the Occurrence has been completed and the Tasker confirms the Occurrence is completed (or if Securely™ is satisfied the Occurrence is completed) then the Clients Funds for that Occurrence will automatically be released by Securely™ from the Payment Account to the Sub-Contractor.
1.17 The Client may elect to pause automatic payment of Clients Funds for an Occurrence within 24 hours from when the Sub-Contractor confirms the Occurrence is completed. If the Client pauses such automatic payment in accordance with this clause, then the Clients Funds will not be released by Securely™ from the Payment Account to the Sub-Contractor until the Client also confirms that the Occurrence is completed.
2. SECURELY™ ROLE AND OBLIGATIONS
2.1 Securely™ provides the Securely™ Platform only, enabling Users to guarantee services are provided and also paid for.
2.2 Securely™ only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, Securely™ may refuse to allow any person to register or create an account with Securely™ or cancel or suspend or modify any existing account including if Securely™ reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Securely™ Platform.
2.5 Registering and creating an account with Securely™ is free. There is no charge for a Sub-Contractor or Client to post tasks, or for other Securely™ Users to review content on the Securely™ Platform, including reviews.
2.6 Securely™ accepts no liability for any aspect of the Sub-Contractor or Client interaction, including but not limited to the description, performance or delivery of Services.
2.7 Securely™ has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Sub-Contractors to perform tasks or supply services, or the honesty or accuracy of any information provided by Sub-Contractor or Client ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the Securely™ Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 Securely™ has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Securely™ Platform;
(c) ensure that You are aware of any laws that apply to You as a Sub-Contractor or Client, or in relation to using the Securely™ Platform.
3.2 You agree that any content (whether provided by Securely™, a User or a third party) on the Securely™ Platform may not be used on third party sites or for other business purposes without Securely™ prior permission.
3.3 You must not use the Securely™ Platform for any illegal or immoral purpose as determined in the solve and absolute discretion of the Securely™ team
3.4 You must maintain control of Your Securely™ account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant Securely™ an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Securely™ Platform for the purpose of publishing material on the Securely™ Platform and as otherwise may be required to provide the Securely™ Service, for the general promotion of the Securely™ Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Securely™ Platform must not, in any way whatsoever, be potentially or actually harmful to Securely™ or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Securely™.
3.7 Without limiting any provision of this Agreement, any information You supply to Securely™ or publish in a contract or scope of works (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in Securely™’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Securely™ Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 Securely™ Platform may from time to time engage location-based or map-based functionality. The Securely™ Platform may display the location of Sub-Contractor or Client to persons browsing the Securely™ Platform. A Poster should never disclose personal details such as the Poster’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the Securely™ Platform.
3.9 If You are a Sub Contractor, You must have the right to provide Services under a Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Clients Funds) received under a Securely Contract.
3.10 You must not, when supplying Services, charge a Client any fees on top of the Securely Funds. However, the parties to a Sub-Contractor or Client Contract may agree to amend the Agreed Price through the Securely™ Platform.
3.11 You must not request payments outside of the Securely™ Platform from the Client for the Services except to the extent permitted by clause 3.12 and only if the Securely™ Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
3.12 If a Client agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Sub-Contractor is solely responsible for obtaining any reimbursement from the Client. Securely™ advises Clients not to agree to incur costs in advance of receiving the payment for these costs, unless the Sub-Contractor is confident the Client will reimburse the costs promptly.
3.13 For the proper operation of the Securely™ Platform (including insurance, proper pricing and compliance with Policies), the Sub-Contractor must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Securely Contract, then that third party must also be a registered User of the Securely™ Platform.
3.14 If Securely™ determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Securely™ Service or cancel or suspend Your account and/or any Task Contracts.
4.1 Upon the creation of a Contract, the Sub-Contractor and Client each owes Securely™ the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Payment Account.
4.2 If the Contract requires a Sub-Contractor to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
4.4 All Fees and charges payable to Securely™ are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.5 If Securely™ introduces a new service on the Securely™ Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 Securely™ may set-off any Fees against any Sub-Contractor and Client Funds or other amounts held by Securely™ on behalf of a User.
4.7 Securely™ may restrict a User’s account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
5.1 If the Task Contract is cancelled for any reason (by a Sub-Contractor or Client or under this Agreement) prior to the commencement of the Contract, then if Securely™ is reasonably satisfied that the Agreed Price should be returned to the Client then the Agreed Price will be refunded to the Client as Stored Value and a Cancellation Admin Fee will be due to Securely™ by the Sub-Contractor or Client who the cancellation of the Task Contract is attributable to under clause 5.5 or 5.6.
5.2 Securely™ may decide in its absolute discretion to refund the Agreed Price back onto the Client’s Bank Account instead of Stored Value or waive the Cancellation Admin Fee.
5.3 Any amount returned by Securely™ to a Client on behalf of a Sub-Contractor under clause 5.1 will be a debt owed by the Sub-Contractor to Securely™ and may be offset by Securely™ against any other payments owed at any time to the Sub-Contractor or Client.
5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Securely™ and may also be offset by Securely™ against any other payments owed at any time to the User.
5.5 Cancellation of a Contract will be attributable to the Sub-Contractor where:
(a) the Client and the Sub-Contractor mutually agree to cancel the Task Contract; or
(b) following reasonable but unsuccessful attempts by a Client to contact a Sub-Contractor to perform the Task Contract, the Task Contract is cancelled by the Client; or
(c) the Sub-Contractor cancels the Task Contract; or
(d) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Sub-Contractor ’s actions or breach.
5.6 A Cancellation of a Task Contract will be attributable to a Client where:
(a) the Client cancels the Task Contract (other than in accordance with clause 5.5(b); or
(b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Client’s actions or breach.
5.7 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.8 Securely™ may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Client.
5.9 If, for any reason, the Sub-Contractor Funds cannot be transferred or otherwise made to the Sub-Contractor or returned to the Client (as the case may be) or no claim is otherwise made for the Sub-Contractor Funds, the Sub-Contractor Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Client initially paid the Agreed Price into the Payment Account.
5.10 Following the 3 months referred to in clause 5.9, and provided there is still no dispute in respect of the Sub-Contractor Funds, the Sub-Contractor Funds will be credited to the Client as Stored Value.
5.11 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Client will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.
6. STORED VALUE
6.1 Stored Value :
(a) can be used by the credited User to pay for any new Services via the Securely™ Platform;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded or transferred to another card or account;
(d) are valid for 12 months from the date on which that particular Stored Value is applied to a User’s account, the date of issue or purchase or any expiry date applied by Securely™ (conditional upon any contrary specific jurisdictional legislative requirements);
(e) if the Stored Value is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on when the Stored Value is redeemable (for example only for a User’s first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Securely™’s prior written permission.
6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Save for the Non-Excludable Conditions, Securely™ will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
6.3 Securely™ will not accept and may refuse or cancel, any Stored Value, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Securely™ reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
6.4 Securely™ is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Securely™ according to the conditions detailed in these T’s and C’s.
7. BUSINESS PARTNERS
7.1 Securely™ may enter into agreements with Business Partners and may seek to engage Sub-Contractor s in the provision of Business Services. Sub-Contractors who agree to perform Business Services for Business Partners acknowledge and agree that Securely™ and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Sub-Contractor s providing Business Services to be approved or hold particular qualifications. Securely™ may assist Business Partners to locate suitably qualified Sub-Contractor s. Securely™ makes no warranty that it will promote any or all suitably qualified Sub-Contractor s to Business Partners.
7.3 Business Partners may require Sub-Contractor s to enter into a Business Partner Contract before providing Business Services.
7.4 Where a Sub-Contractor accepts a Posted Task with a Business Partner:
(a) the Sub-Contractor must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
8.1 Securely™ uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at you designated Credit/Debit Card provider are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If Securely™ changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
9. THIRD PARTY SERVICES
9.1 Securely™ may from time to time include Third Party Services on the Securely™ Platform.
These Third Party Services are not provided by Securely™.
9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Securely™ Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 Securely™ makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Securely™ Platform, Users may inform Securely™ of their Third Party Service experience here.
10. VERIFICATION & BADGES
10.1 Securely™ may use Identity Verification Services.
10.2 You agree that Securely™ Identity Verification Services may not be fully accurate as all Securely™ Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and Securely™ accepts no responsibility for any use that is made of a Securely™ Identity Verification Service.
10.4 Securely™ Identity Verification Services may be modified at any time.
10.5 The Securely™ Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 Securely™ may make Badges available to Sub-Contractor s. The available Badge can be requested by the Sub-Contractor via the Securely™ Platform, and arranged on behalf of the Sub-Contractor and issued by Securely™, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Sub-Contractor and determined by Securely™ or a third party verifier which shall be governed by its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Sub-Contractor prior to commencing the task.
10.8 It remains the Sub-Contractor ‘s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Securely™ immediately if a Badge is no longer valid.
10.9 Securely™ may, at its discretion, issue Badges to Sub-Contractors for a fee.
10.10 The issue of a Badge to a Sub-Contractor remains in the control of Securely™ and the display and use of a Badge is licensed to the Sub-Contractor for use on the Securely™ Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Securely™ Platform.
10.11 Securely™ retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Securely™.
11.1 Securely™ may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Securely™ website when they are available. Securely™ confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
11.2 Securely™ does not represent that any insurance it acquires or which is offered via the Securely™ Platform is adequate or appropriate for any particular User.
11.3 Each User must make its own enquiries about whether any further insurance is required and Sub-Contractor s remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Securely™ Platform.
11.4 Securely™ may also take out other insurance itself and that insurance may at Securely™’s option extend some types of cover to Users. Securely™ reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the Securely™ website and the policy details can be requested via Securely™. Users are responsible for familiarising themselves with these details.
11.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Sub-Contractor, and the insurance taken out by Securely™ (if any) responds to that claim then this clause applies. If a claim is made against a Sub-Contractor, Securely™ may (provided that the Sub-Contractor consents) elect to make a claim under any applicable policy and if the claim is successful, Securely™ reserves its right to recover any excess or deductible payable in respect of the claim from the Sub-Contractor . Where Securely™ makes a claim and the insurer assesses that the Sub-Contractor is responsible, Securely™ is entitled to rely on that assessment. If You do not pay any excess due under this clause, Securely™ may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
11.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Sub-Contractor , and the insurance taken out by Securely™ (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Securely™ may elect to reject or pay an amount to settle a claim not covered by Securely™’s own insurance policies. To the extent that the Sub-Contractor was or would be liable for the amount of the claim, if Securely™ elects to pay an amount to settle the claim the amount paid by Securely™ may be recovered by Securely™ from the Sub-Contractor . Securely™ may also elect to set this amount off against future moneys it may owe to the Sub-Contractor.
12.1 You can complain about any comment made on the Securely™ Platform using the ‘Report’ function of the Securely™ Platform or contact Securely™ via the Securely™ Platform.
12.2 Securely™ is entitled to suspend or terminate Your account at any time if Securely™, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Securely™ Users.
13. LIMITATION OF LIABILITY
Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.
14.2 Securely™ will endeavour to permit you to transact anonymously on the Securely™ Platform. However, in order to ensure Securely™ can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Securely™ reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
15.1 Securely™ may modify this Agreement or the Policies (and update the Securely™ pages on which they are displayed) from time to time. Securely™ will send notification of such modifications to Your Securely™ account or advise You the next time You login.
15.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Securely™ Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Securely™ who will terminate Your Securely™ account, and stop using the Securely™ Service
16. NO AGENCY
16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Securely™, its related entities or affiliates in any way whatsoever. Securely™ confirms that all Third Party Services that may be promoted on the Securely™ Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Securely™ specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Securely™’s contact address as displayed on the Securely™ Platform, or to Securely™ Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Securely™ Platform account.
17.2 Notices related to the performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
18. MEDIATION AND DISPUTE RESOLUTION
18.1 Securely™ encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Securely™ may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
18.3 Securely™ may elect to assist Users to resolve disputes. Any User may refer a dispute to Securely™. You must co-operate with any investigation undertaken by Securely™. Securely™ reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Securely™’s determination in an applicable court or tribunal.
18.4 Securely™ has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
18.5 Securely™ may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
18.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
18.7 If You have a complaint about the Securely™ Service please contact us at [email protected].
18.8 If Securely™ provides information about other 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 be responsible and liable to Securely™ for any costs, losses or liabilities incurred by Securely™ in relation to any claims relating to any other use of information not permitted by this Agreement.
19.1 Either You or Securely™ may terminate your account and this Agreement at any time for any reason.
19.2 Termination of this Agreement does not affect any Task Contract that has been formed between Securely™ Users.
19.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
19.5 If Your account or this Agreement are terminated for any reason then You may not without Securely™’ consent (in its absolute discretion) create any further accounts with Securely™ and we may terminate any other accounts You operate.
20.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
20.3 This Agreement may be assigned or novated by Securely™ to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
20.4 This Agreement sets out the entire understanding and agreement between the User and Securely™ with respect to its subject matter.
MODEL TASK CONTRACT
The terms used in this Task Contract have the meaning set out in the Securely™ Glossary. A Task Contract is created in accordance with the Securely™ Agreement. Unless otherwise agreed, the Client and the Sub-Contractor enter into a Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 The Task Contract is created when the Client accepts the Sub-Contractor’s Offer on a Posted Task to provide Services. When using Search Assist, the Task Contract is created when the Sub-Contractor makes an Instant Claim.
1.2 The Contract will continue until terminated in accordance with clause 7.
2.1 The Sub-Contractor will perform Services in a proper and workmanlike manner.
2.2 The Sub-Contractor must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
2.4 The parties acknowledge that the Task Contract is one of personal service where the Client selected the Sub-Contractor to perform the Services. Therefore the Sub-Contractor must not subcontract any part of the Services to any third party without the Client’s consent.
2.5 The Sub-Contractor remains responsible and liable at all times to the Client for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Sub-Contractor .
3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
3.2 The Sub-Contractor warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of the Task Contract, the Client must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Sub-Contractor will provide notice on the Securely™ Platform.
4.3 The Client will be prompted to confirm the Services are complete. If the Sub-Contractor has completed the Services in accordance with clause 2, the Client must use the Securely™ Platform to release the Sub-Contractor Funds from the Payment Account. For Recurring Services the Sub-Contractor Funds for an Occurrence will automatically be released by Securely™ from the Payment Account to the Sub-Contractor unless paused by the Client in accordance with the User’s Securely™ Agreement.
4.4 If the parties agree to cancel the Task Contract, or the Client is unable to contact the Sub-Contractor to perform the Task Contract, the Sub-Contractor Funds will be dealt with in accordance with the User’s Securely™ Agreement.
5 LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise)
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Securely™ and act in accordance with clause 18 of the Securely™ Agreement.
7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
(a) the Services are completed and the Agreed Price is released from the Payment Account;
(b) a party is terminated or suspended from the Securely™ Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by Securely™ in accordance with the party’s Securely™ Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Task Contract is governed by the laws of the jurisdiction where the registered address of the Contractor was posted on the Securely™ Platform.
Revised July 2021 copyright Securely™ 2021
COUNTRY SPECIFIC TERMS
1. Australian Terms
If You are a User who has Your Securely™ Platform account in (or the Services are performed in) Australia then the following terms will also apply to or may vary this Agreement to the extent specified:
a) a reference to A$, $A, dollar or $ is to Australian currency;
b) “Securely™” means Securely Holdings Pty Ltd ACN 644 958 225;
c) “ACL” means the Australian Consumer Law;
d) “Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL;
e) “Personal Information” has the same meaning given to it in the Privacy Act 1988 (Cth);
f) This Agreement is governed by the laws of Queensland. You and Securely™ submit to the exclusive jurisdiction of the courts of Queensland, Australia; and
g) The following is added as clause 3.3 in the Model Contract of Appendix A “3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.”;
h) The exclusions and limitations of liability shall be as follows:
(1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Securely™ specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Clients and Sub-Contractor s.
(2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Securely™ specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Securely™ Platform.
(3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Securely™ is not liable for any Consequential Loss arising out of or in any way connected with the Securely™ Services.
(4) Except for liability in relation to a breach of any Non-excludable Condition, Securely™’s liability to any User of the Securely™ Service is limited to the total amount of payment made by that User to Securely™ during the twelve-month period prior to any incident causing liability of Securely™, or AUD$50.00, whichever is greater.
(5) Securely™’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.