A ‘Service Provider’ is a tradesperson, contractor or other service provider who can provide Domestic Services in one of our Categories to consumers of such services, and has registered on our service.

· Domestic Services

‘Domestic Services’ are:

o services of a kind that are ordinarily acquired by home occupiers in their capacity as such, and

o any other services that exactly correspond to one of our Categories.

· Householder

A ‘Householder’ is a domestic consumer, or a potential domestic consumer, of services in one of our Categories, and has registered on our service.

· Category

A ‘Category’ is a type of service that we designate as a Category on our website.

· Job

A ‘Job’ is some work or task that a Householder wants done. It might be a one-off (e.g. repairing a gate) or open-ended (e.g. regular babysitting).

· Application Close Time

An ‘Application Close Time’ is the date and time by which (or period within which) Service Provider/s must apply for a Job posted by a Householder. The Advertisement will state the Application Close Time.

· Job Accept Time

A ‘Job Accept Time’ is the date and time by which (or period within which) a Service Provider must accept for a Job offered to them by a Householder. The Job Accept Time is 7 days until further notice.

· A ‘Service’ is a service that a Service Provider offers to supply.

· ‘Post’ or ‘Submit’ is to publish on or through our website (a) information and / or (b) an Advertisement.

· An ‘Advertisement’ is an advertisement that a Job or a Service is available, and its associated details.

· ‘Post a Job’ or ‘Submit a Job’ means the same thing as ‘post or submit an Advertisement about a Job’.

· A ‘Bid’ or an ‘Application’ is when a Service Provider offers to do a particular Job advertised on or through our website.

· A ‘homefriday Deal’ is when a Householder engages a Service Provider sourced through our website, after placing an Advertisement on our website.

· A ‘Direct Deal’ is when a Householder contacts and engages a Service Provider using contact details obtained from our website, but without placing an Advertisement on our website.

· ‘Adult Service’ means any service that involves, suggests or reasonably appears to involve or suggest:

o prostitution, as defined by the Prostitution Control Act 1994;

o any sexual service, as defined by the Prostitution Control Act 1994;

o sexual gratification.

· A ‘Guest’ is someone who visits our website but is not registered as a Householder or Service Provider.

Rules that apply to everyone who visits our website

1. Our Rules are a contract with you under the law of Victoria, Australia

1.1. Use of our website and services are conditional on you agreeing to and complying with these Rules, and if you use either or both of them you are taken to agree to the Rules.

1.2. The agreement between us is subject to the law of Victoria, Australia and the courts with jurisdiction in that State have exclusive jurisdiction in relation to any dispute between you and us.

2. We own the intellectual property in our website.

2.1. We own the copyright in all material that makes up our website. You must not copy, modify or republish any material except as we expressly permit.

2.2. We own all trade marks, registered and unregistered, on and associated with our website. You must not copy or use them except as we expressly permit.

2.3. You must not infringe our intellectual property rights in any way.

3. You may not make any unauthorised use of our website.

3.1. Our website allows:

· registered Service Providers to advertise their availability and locate suitable jobs, and to apply for, accept and decline jobs

· registered Householders to locate and engage suitable Service Providers for jobs they want done, either by advertising the jobs on our website or by direct contact with Service Providers

· the option for registered Householders to deal with Service Providers anonymously until an advertised job has been offered and accepted

· ancillary uses that are expressly made available (e.g. notifying a friend about a Service Provider or leaving / reading feedback about homefriday Deals)

· Guest Access, which offers limited access and functionality.

3.2. No other use of our website is permitted. In particular, you must not:

· use material or information from our site for any other commercial purpose

· sell material or information from our site

· republish or redistribute it for any commercial purpose

· republish or redistribute it without acknowledging our site as the source

· use contact details obtained from us to send unsolicited commercial email or any other unsolicited correspondence or material

· advertise services that are not Domestic Services.

3.3. You must not use contact details obtained from us to solicit Service Providers to participate in a service that competes with our service, because:

· our Service Providers do not consent to their contact details being copied or used, or themselves being contacted, for any purpose but those in Rule 3.1

· despite the publication of an electronic address (or any other contact details including a name), our Service Providers do not want to receive unsolicited commercial electronic messages at that electronic address

· there are penalties under the Spam Act 2003 if you send unsolicited commercial electronic messages in breach of that Act

· we have expended considerable effort, time and expense in establishing our website and compiling the data within it, and you will breach our intellectual property rights if you misuse our website or data

· you must account to us for any revenue or other gain, benefit or advantage you earn or obtain from doing so

· you must pay our legal costs and expenses on a solicitor / client basis if we take action in relation to a breach of this Rule.

3.4. Rules 3.2 and 3.3 extend to and prohibit:

· use of details obtained from our website

· contact by email, telephone, SMS, in person or any other means at all

· contact with a Service Provider identified, targeted or located through our website, even by means of contact details then sourced elsewhere (e.g. obtaining name from us and then looking up phone number in telephone directory).

4. You must respect the security of our website and the computers that host it.

4.1. You must not attempt to access or use our website except via a web browser in the manner it has been designed to be accessed and used.

4.2. You must not attempt to access any area of our website that you are not authorised to access.

4.3. You must not do anything that is likely to harm or damage our web site and the computers that host it.

4.4. You must not attempt to upload any script or other executable content to our web site or the computers that host it.

4.5. You must comply with any security guidelines or directions we issue, either to you in particular or to users generally.

5. We do not give professional advice, endorse advertisers, warrant advertisements or feedback, or accept liability.

5.1. Information on our website is of a general kind only. In particular, it is by way of introduction of Service Providers and Householders who may decide to deal with each other based on their own judgment. It is not legal, accounting, financial, taxation or other professional advice, and if you need any such advice you must obtain it from your own advisers.

5.2. We do not recommend or endorse any Householder, Service Provider that is advertised on or available through our website.

5.3. Our terms require anyone who advertises or otherwise posts content to our website to ensure that it is lawful, truthful and not misleading. But we cannot and do not vet such material, and we do not warrant it.

5.4. We are never liable to you or anyone else for any decision you make or action you take in reliance on any information on (or omitted from) our website.

6. We may publish or republish any testimonial you submit to us.

If you give us a testimonial or reference for any Service Provider, Householder or homefriday:

6.1. You assign copyright in it to us.

6.2. We may publish or republish it in whole or part on or website or in other material.

6.3. We will not publish your name, phone number or any other personal contact information (but we may publish your first name without a surname, or your initials, and your suburb).

7. We don’t endorse any external websites that we link to, or that link to us.

7.1. Our website may contain links to websites or services published or operated by third parties. We do not control those sites or services and we do not accept any responsibility for their content or reliability. We do not endorse them.

7.2. We are never liable to you or anyone else for any decision you make or action you take in reliance on any information on (or omitted from) a linked website or service.

8. We don’t guarantee that our service will be error free or continuously available.

We do not warrant that our website or the service it provides will be uninterrupted or error free, or that defects in it will be corrected.

9. You are solely responsible for keeping viruses, worms, trojans, etc out of your computers.

9.1. There are many viruses, worms, trojans and other malicious code on the Internet and transferred over it. You must use the Internet and our website at your own risk.

9.2. We do not warrant that that files or code available for downloading through our website will be free of infection or viruses, worms, trojans and other malicious code.

9.3. You must implement sufficient antiviral and other protective measures for your computers, network and data to keep them safe and secure.

9.4. We are never liable to you or anyone else for harm or loss caused by any viruses, worms, trojans or other malicious code that you download from the Internet, including our website.

10. We do not directly or indirectly provide or acquire Services. All agreements for Services are solely between Service Providers and Householders.

10.1. We are an advertising and introductions service, with ancillary features such as web-based feedback and SMS notification – the ‘homefriday Service’.

10.2. The only service we provide, directly or indirectly, is the homefriday Service. We do not provide any other services – particularly services for Jobs.

10.3. We are not the agent, partner, sponsor, employer, head contractor, sub-contractor, referee, guarantor or payment collection agency of or for any Service Provider or Householder.

10.4. We do not warrant, endorse, guarantee or recommend any Service Provider or Householder, or their services, bona fides or obligations.

10.5. Householders and Service providers, once introduced, are solely responsible for any agreement they may make between them.

11. Liability, Implied warranties and conditions

11.1. Some laws, such as the Trade Practices Act 1974 (‘TPA’) and corresponding State laws, may create rights or remedies that cannot be excluded, restricted, modified or limited.

11.2. ‘Non-Excludable Term’ means any warranty or condition that is implied in these Rules by the TPA or otherwise, to the extent to which (a) it may not lawfully be excluded, restricted, modified or limited or (b) any exclusion, restriction, modification or limitation of it is void.

11.3. ‘Non-Excludable Right’ means:

11.3.1. a Non-Excludable Term; and

11.3.2. any law or its application, and any right or exercise of a right conferred by any law, (including but not limited to the TPA) to the extent to which (a) it may not lawfully be excluded, restricted, modified or limited or (b) any exclusion, restriction, modification or limitation of it is void.

11.4. ‘Non-Excludable Liability’ means any liability to the extent to which (a) it may not lawfully be excluded, restricted, modified or limited or (b) any exclusion, restriction, modification or limitation of it is void.

11.5. These Rules:

11.5.1. include all Non-Excludable Rights; and

11.5.2. do not exclude, restrict, modify or limit any Non-Excludable Right or Non-Excludable Liability.

11.5.3. To the fullest extent permitted by law, our liability for breach of any Non-Excludable Term is limited at our option to the following:

11.5.3.1. in the case of goods:

11.5.3.1.1. the replacement of the goods or the supply of equivalent goods;

11.5.3.1.2. the repair of the goods;

11.5.3.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods;

11.5.3.1.4. the payment of the cost of having the goods repaired; or

11.5.3.2. in the case of services:

11.5.3.2.1. the supplying of the services again; or

11.5.3.2.2. the payment of the cost of having the services supplied again.

11.6. Except for (a) Non-Excludable Terms and (b) express warranties and conditions:

11.6.1. these Rules exclude, and we disclaim, all conditions and warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, whether such conditions or warranties are implied by custom, law or statute; and

11.6.2. we supply access to our website and our services, and all goods ‘as is’ and without warranties of any kind.

12. We may vary these Rules.

12.1. We may vary these Rules by publishing the Rules, as varied, on our website.

12.2. You are deemed to accept the variation if you use our services in any way after publication.

12.3. A variation has no retrospective effect.

13. Invalid parts of these Rules must be read down.

If anything in these Rules is invalid, unlawful or unenforceable:

13.1. it must be read down, to the point of severance if necessary, so as to render it and these Rules lawful; and

13.2. the rest of these Rules continue in full force.

14. Our rights do not lapse just because we don’t enforce them, by choice or otherwise.

15. You must comply with our Acceptable Use Policy.

15.1. We can supplement these Rules with an Acceptable Use Policy – ‘AUP’.

15.2. The AUP can deal with any matter that could have been dealt with in these Rules.

15.3. We can vary the AUP.

15.4. The AUP counts as part of these Rules.

16. We won’t knowingly have anything to do with Adult Services. You mustn’t offer or seek them through our website.

16.1. Adult Services are not appropriate to, nor permitted by, any Category.

16.2. We may delete without notice any material that we consider may relate to Adult Services.

16.3. If you post any material that relates to Adult Services, you must indemnify us for any costs we incur, or harm we suffer, as a result.

17. We can terminate your access at any time.

We can terminate your access to our website and / or our services at any time, without having or giving any reason.

18. Our privacy statement applies to you and personal information about you.

Our privacy statement is here.

Rules that apply to everyone who registers as a Householder or Service Provider

19. You must be at least 15 years old.

20. If you are under 18 years old, you must have the consent of your parent or legal guardian.

20.1. We can require evidence of that consent (either when you register or at any time afterwards).

20.2. The consent must be in a form, and cover any matters, we reasonably require.

20.3. We may suspend or cancel your registration immediately if we are not satisfied that you have complied with this Rule.

21. You promise us that information you give us, and any information you post, is truthful, complete and not misleading.

Some of the fields in our Profile forms are obligatory. You must complete them accurately, and we are not obliged to advertise the Profile if they are not completed.

22. You must keep any account password safe and secure.

If we issue you with any password or other security device in respect of your log in rights or account with us:

22.1. You must keep it safe, secure and out of the hands of any unauthorised person.

22.2. If you become aware that it is known to any unauthorised person, you must change it without delay.

22.3. We are entitled to assume that anyone who holds it is you, or is acting as your authorised agent.

23. If we give you access to out ‘chat room’ area, you must use it responsibly.

23.1. Anything that you post in our chat room area is subject to all the same Rules as a Profile, Advertisement, or anything else you submit to our website.

23.2. Anything that is posted about you in our chat room area is subject to all the same Rules as any User Feedback, User Data or anything else submitted to our website. In addition to that, in case of breach of this Rule:

23.2.1. we may limit or cancel your access to chat rooms, and / or

23.2.2. we may suspend or terminate your account with us, without refund to you.

24. We give some examples of chat room posts that breach these Rules. This list is not exhaustive.

24.1. Comment or feedback about or identifying a Householder or Service Provider involved in a Direct Deal (but other comment about the Direct Deal itself is permitted).

24.2. Direct contact information in breach of Rules 43.2 or 62.2.

24.3. Profanity, obscenity, pornography, incitement to hatred, or threats of violence.

24.4. Any programming or scripting, such as JavaScript.

24.5. Repetitive posts on a topic, except in the course of bona fide discussion with other user/s.

24.6. Material that appears to be from us or authorised by us.

24.7. Encouraging others to breach these Rules.

24.8. Advertising a Job or Service – these must only be advertised in their designated places on our website.

24.9. Posts in breach of a moderator’s direction.

24.10. ‘Off-topic’ posts i.e. not relevant to any designated topic or title of the chat room.

24.11. Criticism of identifiable persons – even if justified – or any kind of abuse.

24.12. Discussion or reposting of deleted posts.

24.13. Material in breach of copyright.

25. You must comply with directions on our website.

Our website may include ‘tool tips’ or other notes that direct you what to do (e.g. ‘Choose most applicable Category for your Service.’) You must comply with them.

26. You may not leave feedback about yourself or some one you are associated with.

All feedback must be genuine and ‘arm’s length’.

You may not leave feedback about yourself (e.g. by registering as a Householder and then leaving feedback about your Service Provider registration).

You may not leave feedback about a Service Provider that you have a social, business or family association with. (Exception: If the association is not a business association, and does not involve immediate family, and the Service Provider did a paid Job for you at market rates, you may leave feedback.)

27. You must ensure that anything you post, including feedback and opinions, is lawful and not actionable.

27.1. We do not vet or edit, and are not responsible for vetting or editing, anything you post, or anything that is posted about you.

27.2. We may provide a facility for Householders and Service Providers to report material posted by others or other conduct that they consider in breach of these Rules.

27.3. You must ensure that anything you post, including feedback, opinions, reports and chat room comment, is in good faith, lawful, fair, reasonable, not offensive and does not give rise to any cause of action against you or us by a third party or bring us into disrepute.

27.4. We may remove anything you post, in our absolute discretion. If we remove anything that breaches these Rules, we may also cancel your account without refund.

27.5. You release us from any action or claim arising out of or in relation to anything that anyone posts about you, including feedback and opinions, whether or not our staff or systems allowed or effected the post, or were aware (before or after the post) of the nature or contents of the post, or your opinion or claim that it is unfair, defamatory or otherwise actionable.

28. You must not attempt to post any material except by means of your authorised account with us.

You must not attempt to post material that appears to come from someone else, or that we cannot validate as coming from you.

29. You must not post any HTML code or hyperlink (whether or not de-activated by slightly invalid formatting) or any URL or web address except in a field on our website that explicitly allows them. You must not post any script or other executable content.

29.1. We may disable or remove content that offends this Rule.

29.2. If the content causes us or a third party any harm, you must indemnify us / the third party.

29.3. If content that offends this Rule promotes or benefits another business, you must account to us for any revenue or other gain, benefit or advantage that results.

30. You must not hyperlink from an external website to any page of our website but its home page.

31. You must not post any picture except in a field on our website that explicitly allows it.

32. You must not advertise a Job or a Service that does not belong in one of our Categories.

33. We may ‘showcase’ you or your Job or your Service on our website or in advertising material.

We may use your Profile, Advertisement, or any material you post as part of our advertising or promotional materials, including (a) ‘showcasing’ on our website e.g. by featuring it on our home page or (b) publishing on other websites, in newspapers, etc but in doing so, we will not:

· disclose your surname

· disclose your street number or name

· publish a photograph of you or your family –

without your prior written approval.

34. We may cancel your registration without refund if you breach these Rules.

We may or may not choose to give you any notice, depending on the circumstances.

35. We may withhold, edit or delete any material you submit to our website (e.g. a Profile, Advertisement or feedback) until you respond to any message we send you about it.

We might send you a message for many reasons (e.g. to verify some information that you have submitted). Until you have responded satisfactorily, we may withhold, edit or delete the material as we consider reasonable.

36. You indemnify us against loss or damage, etc, and release us.

36.1. You indemnify us against any harm, loss or damage that we may suffer, and any claim, demand, action or proceeding against us, in any way directly or indirectly arising out of or relating to:

36.1.1. your use of our website or services;

36.1.2. your breach of these Rules;

36.1.3. any Services you supply or are supplied with;

36.1.4. any Advertisement or other material you post;

36.1.5. a dispute between you and another user of our website or services.

36.2. To the fullest extent allowed by law, you release us from any claim, demand, action or proceeding, in any way directly or indirectly arising out of or relating to:

36.2.1. your use of our website or services;

36.2.2. any Services you supply or are supplied with;

36.2.3. any Advertisement or other material you post;

36.2.4. a dispute between you and another user of our website or services;

36.2.5. any unsolicited communications, electronic messages or spam that you may receive from any third party.

37. You release us from liability for defamation.

37.1. You acknowledge that:

37.1.1. The availability of feedback, comment and satisfaction ratings (‘User Reports’) and other information, such as statistics derived from your usage history (‘User Data’) about Householders and Service Providers is a major attraction of our website.

37.1.2. You have elected to advertise on our website because, in part, of the attraction of User Reports and User Data.

37.1.3. It is not feasible for us to vet the truth, accuracy, fairness or legality of any User Report; we do not promise to do so; and you release us from any obligation to do so.

37.1.4. We would not permit you to visit our website or use our services if you did not release us from liability for defamation as follows.

37.2. You release us from and indemnify us against any claim, cause or right of action or entitlement (whether by virtue of common law, statute or otherwise) that you have, or would have had except for this clause, arising out of, relating to or based on any defamation, libel, slander or action in the nature of any of them, including but not limited to injurious falsehood and negligent mis-statement, involving, relating to, arising from or concerning material published on or through our website or any service we offer (the words in italics in this clause being summarised as a ‘Defamation’).

37.3. We may plead your release and a full and permanent bar to any legal action by you in Australia or anywhere else. The indemnity extends, without limitation, to all our legal costs incurred in relation to the Defamation or the allegation of it.

37.4. Your release and indemnity remain in force whether we know or should have known that material constituted, or might constitute, or was claimed to constitute a Defamation – including by virtue of a claim, demand or notification from you or on your behalf.

38. Parties to feedback (poster and subject) may ask us to edit or delete the feedback by consent.

The person who posted the feedback, and the subject of it, must send us a joint written request. If we are satisfied with the request, we shall action it.

39. These Rules, and our website, make it clear how our feedback system may be used. You may not abuse it e.g. by denigrating a competitor.

Feedback is permitted only so that Service Providers and Householders who have actually done a Deal at arm’s length can provide certain bone fide information for the benefit of other Homefriday users. In limited cases, we offer a right-of-reply to feedback.

No other use of feedback, or posting of other information, is permitted.

Denigrating a competitor (e.g. another Service Provider whose Services overlap with yours) is a very serious abuse of these Rules and is liable to termination of your account without refund. It is your responsibility to avoid anything that could reasonably be taken as denigration, and we may act on the basis of any such material.

40. We may build procedural checks into our systems. You must comply with them.

For instance, we may require that any negative feedback is confirmed via a web link we email to you before it is published. If you didn’t confirm, we may not publish.

You must not attempt to bypass any such checks.

41. We strongly support the Working with Children Act, and similar laws.

41.1. We strongly support Victoria’s Working with Children Act, and similar laws. When such laws come into force, full compliance with them is a condition of use of our Service.

41.2. We reserve the right, if we receive legal advice that it is feasible, to require voluntary compliance with such laws by any Service Provider who is in a child-related role, even in the case of persons not strictly subject to them. We may suspend or cancel Service without refund to any Service Provider who does not promptly comply.

Rules that apply to everyone who registers as a Householder

42. No misleading advertising

42.1. Any information or Advertisement you post must be lawful, truthful and not misleading.

42.2. You must not breach the Trade Practices Act 1974, the Fair Trading Act 1999 (Victoria) or its equivalent in any State, or any other law against misleading statements or conduct.

43. You must not include any direct contact details in your user name, an Advertisement or information you post, except as we explicitly permit.

43.1. You acknowledge that we are a Householder-to-Service-Provider introduction service, and we reserve the sole right to pass contact details between the parties and / or to advertise Service Provider contact details on our website, and to decide when to do so as per these Rules and our procedures.

43.2. Our website makes it clear what contact details you may publish, and where. You may include any permitted contact details. Otherwise, you must not include in your user name, Advertisement or posts any name, address, telephone number, instant messaging identifier, web address or any other information that allows a Service Provider to identify or contact you.

44. You must establish whether a Job requires a registered, licensed or qualified Service Provider.

44.1. We do not determine, or advise, whether all or any part of your Job requires a Service Provider that is registered, licensed or otherwise qualified (e.g. licensed electrician).

44.2. You are solely responsible for determining those things yourself.

44.3. You are also solely responsible for verifying that a Service Provider has all necessary insurances, registrations, licences and qualifications.

45. You must comply with all laws that apply to you, your Job and your arrangements with a Service Provider.

45.1. We are not responsible for advising you on applicable laws (which includes all Acts of Parliament, regulations, mandatory determinations and binding requirements made, imposed or declared by any authority competent to do so), and nothing in these Rules or our website (and nothing that is omitted from them) constitutes advice that any particular law does (or does not) apply in your case. You are responsible for establishing what laws apply.

45.2. Subject to Rule 45.1, you must comply with all:

· employment and workplace laws

· equal opportunity laws

· anti-discrimination laws

· health and safety laws

· taxation laws

· superannuation laws

· child protection or ‘working with children’ laws

· planning and building laws

· insurance laws or requirements.

46. Advertisements that you post expire after 30 days.

We may take them offline after that.

47. If one or more Service Provider/s have applied for your Job, we will automatically notify them 7 days after the Application Close Time that they were unsuccessful – except if you have already offered the Job to one or more of them.

48. If you offer a Job to one or more Service Providers who applied for it, and the Job is accepted before the Job Accept Time, we will automatically notify the others that the Job is taken.

That applies if the Job has not been given to a Service Provider. If it has been given, it automatically expires.

49. If you offer a Job to one or more Service Providers who applied for it, and the Job is not accepted before the Job Accept Time, we will automatically notify the Service Providers that the Job is no longer available.

50. You may not post any comment or information about a third party, except permitted feedback about a Service Provider you engaged in a homefriday Deal or a Direct Deal.

We provide specific ways for you to leave feedback about Service Providers whom you engaged in a Homefriday Deal or a Direct Deal.

You must only leave feedback about Service Providers you actually engaged.

You must only leave it in the way we provide for the relevant kind of Deal.

Rules that apply to everyone who registers as a Service Provider

51. You must pay us advertising charges in accordance with our rate schedule.

51.1. We can vary our rate schedule at any time, but variations are not retrospective.

51.2. Payment is due when you register with Homefriday, and when you renew your registration.

51.3. Overdue amounts attract interest at 15% a year, calculated and capitalised monthly.

51.4. Dishonoured payments attract a dishonour fee of $30 plus any bank or credit card merchant fees we incur as a result.

52. You must only advertise Domestic Services.

52.1. Our service is only for Domestic Services.

· It is not for services that are not ordinarily acquired by home occupiers in that capacity, unless a Category exactly applies to them.

· It is not for services that are acquired for a business or an income-earning activity, unless a Category exactly applies to them.

For instance:

· ‘Gardening’ is allowed, because it is ordinarily acquired by home occupiers in that capacity.

· ‘Home Office – Bookkeeping’ is allowed because we offer an exact Category for that.

· ‘Modeling agency’ is not allowed because home owners do not ordinarily acquire modeling agency services in that capacity, and we do not offer an exact category for it.

52.2. If you break this Rule, we may charge you $100 per day for each Category that you place your Service in, until your Service is taken off.

53. We may change or reorganise our Service Categories.

53.1. We can do so at any time we think it appropriate.

53.2. This may result in addition or deletion of Categories, and you may have to re-Categorise as a result. (Or we may do it for you.)

53.3. We don’t have to compensate you for reorganising.

54. You must not advertise a Service in a scattergun way e.g. by inappropriately placing it in multiple categories.

By advertising a Service in a Category, you represent that the Category substantially and accurately describes and applies to the Service.

If you advertise a Service in a Category that is not clearly and obviously equally applicable, we may suspend, amend or re-Categorise it as seems appropriate, without liability to you.

You may advertise a Service in multiple Categories only if each of them substantially and accurately describes and applies to the Service, (more or less) equally validly.

If you advertise a Service in multiple Categories that are not clearly and obviously (more or less) equally applicable, we may suspend, amend or re-Categorise it as seems appropriate, without liability to you.

55. You must not advertise a Service in a Category that it is merely ancillary to.

For instance, if you sharpen knives, you may not advertise in a Category for Home Catering or Party Hire.

56. You must only advertise your Service for areas where you can really provide them.

e.g. A babysitter without a car cannot realistically offer service to ‘All of Melbourne’.

To protect Householders from misleading information, we reserve the right to change your availability area (e.g. limit it to your residential suburb) if it appears to be unrealistic.

57. You must only advertise Services that you can competently provide.

You must have all necessary skills, qualifications and experience to provide the Service.

You must have any necessary equipment and consumables ordinarily provided by a provider of such a Service.

58. If we consider your Profile or Category is inappropriate or inaccurate, we may suspend or amend it.

We may seek more information from you or request that you clarify your Profile.

We may suspend your Profile until you have responded satisfactorily.

We are not liable for a suspension or amendment in good faith, even if it turns out to be unnecessary.

59. No misleading advertising

59.1. Any information, Profile or Advertisement you post must be lawful, truthful and not misleading.

59.2. You must not misrepresent your services, Category, skills, capacity or availability.

59.3. You must honour all your advertised promises, including any special deals you offer.

59.4. You must not breach the Trade Practices Act 1974, the Fair Trading Act 1999 (Victoria) or its equivalent in any State, or any other law against misleading statements or conduct.

60. You must comply with all laws that apply to you, your Services and your arrangements with a Householder.

60.1. We are not responsible for advising you on applicable laws (which includes all Acts of Parliament, regulations, mandatory determinations and binding requirements made, imposed or declared by any authority competent to do so), and nothing in these Rules or our website (and nothing that is omitted from them) constitutes advice that any particular law does (or does not) apply in your case. You are responsible for establishing what laws apply.

60.2. Subject to Rule 45.1, you must comply with all applicable:

· employment and workplace laws

· equal opportunity laws

· anti-discrimination laws

· health and safety laws

· consumer protection laws

· building and construction laws

· electrical, gas, plumbing, automotive and similar laws

· planning and building laws

· taxation laws

· child protection or ‘working with children’ laws

· insurance laws or requirements.

61. You must state your charges on a GST inclusive basis, where GST applies.

61.1. You may have GST obligations if your turnover exceeds $50,000. You can find out all about GST from the Australian Taxation Office website or your own accountant. It’s your responsibility to understand and comply with GST law.

61.2. If GST applies, you must include it or absorb it in your advertised rates. You may not add it as an extra.

62. You must not include any direct contact details in your user name, Advertisements or posts, except as we explicitly permit.

62.1. You acknowledge that we are a Householder-to-Service-Provider introduction service, and we reserve the sole right to pass contact details between the parties and / or to advertise Service Provider contact details on our website, and to determine when to do so.

62.2. Our website makes it clear what contact details you may publish, and where. You may include any permitted contact details. Otherwise, you must not include in your user name, Advertisement/s or posts any name (including a person’s name, a business name, a company name or the name of any franchise), address, telephone number, instant messaging identifier, web address or any other information that allows a Householder to identify or contact you, except for information that you have paid us to advertise and is otherwise advertised in accordance with these Rules.

62.3. You must not intentionally make initial or introductory contact with a Householder except using contact details we provide to you.

63. You must supply a current telephone number that you are entitled to receive Job-related calls on.

You must only supply a telephone number if (a) it is your own account or (b) the account owner has given permission for it to be used to receive Job-related calls and calls from us.

64. You must only use a ‘company name’ entry to identify a company that you own and provide service through.

You may not specify a company that you only work for, unless you also hold at least a third of the shares in it.

65. You must not solicit business using advertising targeted at our registered Householders, except through our website.

65.1. You must not use our name or trade mark/s in any advertisement or promotional material (outside our website) without our written permission.

65.2. We can withdraw our permission at any time, and you must then cease using our name or trade mark/s.

65.3. Unless we notify you otherwise, you have our permission to use our name and / or trade mark/s as described in Schedule 1.

66. You must establish whether a Job requires a registered, licensed or qualified Service Provider.

66.1. We do not determine, or advise, whether all or any part of a Householder’s Job requires a Service Provider that is registered, licensed or otherwise qualified (e.g. licensed electrician).

66.2. You are solely responsible for determining those things yourself.

66.3. You are also solely responsible for verifying that you have all necessary registrations, licences and qualifications for every Job you Bid for.

67. You acknowledge that you will lose the chance to accept a Job offered to you if you do not respond within the Job Accept Time.

68. You may not post any comment or information about a third party, except permitted feedback about a Householder who engaged you in a homefriday Deal.

69. If a Householder posts negative feedback about you, we may permit you one, limited length, ‘right-of-reply’ comment.

By registering as a Service Provider, you accept that negative feedback is possible, and cannot turn into a running debate between you and a Householder.

You agree that one, limited length, ‘right-of-reply’ comment is a reasonable and balanced opportunity to respond.

70. You cannot claim any benefit, prize or bonus available to Service Providers if your profile is not activated or has been de-activated.

70.1. If you claim a benefit, prize or bonus that we provide or offer to Service Providers, or for becoming a Service Provider, your eligibility for it depends on your profile being your profile being activated and not being de-activated.

70.2. If your profile has not been activated within 30 days after you would otherwise have been eligible to claim the benefit, prize or bonus, any rights you may have had to it lapse permanently.

70.3. If your profile is de-activated before you have received the benefit, prize or bonus, any rights to it that you may have had lapse permanently.

70.4. You are not entitled to any compensation or substitute benefit, prize or bonus if your rights lapse pursuant to Rules 70.2 or 70.3, and we may delete your profile in whole or part.

71. You cannot claim any benefit, prize or bonus available to Service Providers if your Service is not a Domestic Service.

We reserve the right to check at any time, and to withhold or withdraw the benefit, prize or bonus if we find that your Service is not a Domestic Service.

Rules that apply to everyone under 18 years old who registers as a Service Provider

72. Rule 19 applies – You must be at least 15 years old.

73. Rule 20 applies – Your parent or guardian must consent.

74. Rule 70 applies – You cannot a claim benefit, prize or bonus that we provide or offer to Service Providers if your profile is not activated or has been de-activated.

Without limiting that, if you claim a benefit, prize or bonus that we provide or offer to Service Providers, or for becoming a Service Provider, your eligibility for it depends on your profile being your profile being activated under Rule 76 and not being de-activated under Rule 78.

75. You must state your age, or age range, as requested – truthfully.

76. We may require two extra ‘parental consent’ steps before your profile is activated.

76.1. When your profile is successfully submitted, we will email you a request for your parent or guardian to contact us by telephone to confirm their consent.

76.2. We may then arrange with the caller for a second ‘parental consent’ step, as per our internal procedures.

76.3. If the ‘parental consent’ step/s are passed within 30 days (or a longer period we choose to allow), you will receive a special activation code.

76.4. You may activate your profile by entering the code on our website.

76.5. We may expire any code that is not entered within 30 days of being sent.

77. We are never obliged to activate your profile if the ‘parental consent’ steps are not completed, for any reason.

77.1. The ‘parental consent’ steps may not complete because:

· your parent or guardian does not call us

· we have doubts about the identity of the caller

· your parent or guardian does not complete the second step, if required

· an activation code does not reach you, in time or at all

· there is some other issue or problem.

77.2. The ‘parental consent’ steps are for your benefit and protection, so we are not liable in any way if they are not completed and your profile is not activated.

78. We may de-activate your profile if we suspect that the ‘parental consent’ steps were improperly completed.

78.1. Because we are committed to the principle of parent’s / guardian’s consent, we would rather de-activate your profile than be concerned that this consent was not really given.

78.2. If we have any suspicion at all that the ‘parental consent’ steps were improperly completed, we are entitled to de-activate your profile, temporarily or permanently, with or without notice, and without liability.

79. We are not responsible for any untruthful information you may supply.

79.1. We cannot build a lie detector into our website, so we cannot be certain of age or other information you provide – even with extra steps.

79.2. You are solely responsible for the truthfulness of your stated age and all other information you supply.

79.3. We are not liable to you, your parent or guardian, or anyone else for any harm that arises from false information that you supply.

Guest Access

80. Guest Access is free, trial access to limited areas of our website.

80.1. Guests have access only to the features of our Service that we allow from time to time.

80.2. We can change those features and / or terminated Guest Access at any time, without notice or cause. You have no claim against us for doing so.

homefriday Refund Policy

81. We offer a three day ‘cooling off’ period following registration.

81.1. Your cooling off period starts when you register. It ends at the fourth midnight after you register.

81.2. You exercise your cooling off right by:

81.2.1. downloading a Refund Claim Form before the end of the cooling off period, and

81.2.2. completing and signing the form and mailing it to the address stated on it within 7 days after the end of the cooling off period.

81.3. If you exercise your cooling off right in accordance with this clause and do not make any use of our Service (other than as a Guest), we will refund any advance payment you made when you registered.

82. We will consider refunds in other cases, taking specific factors into account.

82.1. You may apply for a refund if:

82.1.1. you are a Service Provider, and

82.1.2. your Advertisement is not accessible to Householders generally for at least 72 consecutive hours in a calendar month, and

82.1.3. that is not due to a failure or problem beyond our reasonable control.

82.2. You apply for a refund by:

82.2.1. downloading a Refund Claim Form within 7 days of the end of the relevant calendar month, and

82.2.2. completing and signing the form and mailing it to the address stated on it within 14 days after the end of that calendar month.

82.3. We will assess your application, taking into account:

82.3.1. the period for which your Advertisement was not generally accessible,

82.3.2. whether any or all of it fell within high Householder traffic periods,

82.3.3. the pattern of Householder enquiries about you before and after the period, and

82.3.4. whether you had advertised any current special when the period started.

To allow assessment of these factors, allow at least 14 days processing time.

82.4. Based on our assessment, we may give you a refund of up to the amount of fees you had paid us in respect of the period, calculated on the basis of the number of hours in the period divided by the number of hours in the calendar month.

82.5. We will notify you of our refund assessment.

82.6. If you owe us any other money, we may credit any refund towards it. Otherwise, we will send you a cheque.

83. Except as required by law, no other refunds will be made.

84. Except as required by law, refunds under Rule 82 are your only entitlement in case of system outage.

Privacy

85. We are committed to good privacy practices.

86. To use our website or the homefriday Service, you must consent to certain things, as set out in these Rules.

87. You consent to us collecting information (including personal information) about you from third parties.

That may include:

· feedback, comments, reports, ratings, information about quality of service and so on, given to us by other users, and

· any other information that our website indicates may / will be collected.

88. You consent to us disclosing information about you where reasonable or necessary in the operation of our service e.g. to other users..

That may include:

· feedback, comments, reports, ratings, information about quality of service and so on, and

· your contact details, such as name, address and phone number, and

· other information you give us about yourself, your business and your services, and

· other information you give us about yourself or a service you require, and

· information we create or collate such as User Reports and User Data, and

· any other information that our website indicates may / will be disclosed.

89. We will only disclose information that is identifiably about you with your knowledge or consent.

Your consent may be express, or simply inferred e.g. because you can see from our website that a certain kind of information is disclosed about other people, or because it would be reasonable for you to expect we might disclose that kind of information.

90. We will never give or sell your personal information to a marketing or similar organisation.

We cannot stop them from viewing information on our website, but we will not give it to them by other means. The only exception would be where they were working for us e.g. in a marketing campaign, and then it would be on condition that they used the information only for the proper purpose and did not retain it afterwards.