The Platform is provided by Perth Water Tanks to enable a Customer to book a Plumber and Customers are covered by the Perth Water Tanks Safety Net. All material on the Platform is subject to copyright by the Company and other copyright owners.
Capitalised terms used in these Terms have the meaning given in Appendix A
The following terms are used regularly throughout these Terms of Service and have the following meaning:
Amended Quote has means as defined in clause 3(c)(iii).
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
Cancellation Fee means a fee charged to a Customer for cancelling a Job Request being an amount equal to 20% of the quote for the Job.
Company means Perth Water Tanks.
Confidential Information means any written or verbal information that:
but does not include information that a party can establish:
Consequential Loss means loss of revenue, loss of profit or anticipated profit, loss of production, loss of use of any plant or facility, business interruption of any nature, loss of business opportunity, loss of business reputation, loss of contract, value of shares, wasted overheads, payment of liquidated sums, penalties or damages under any agreement (other than arising from these Terms or as expressly permitted by these Terms) or any other indirect, remote, consequential, punitive, exemplary or special loss or damage, but does not include damage or losses arising from claims by the Company or its personnel in respect of property damage, personal injury, nervous shock or death.
Contract means a contract formed between the Users on these Terms (and any Independent Plumber Terms) and the Terms themselves as the context requires.
Customer means a User of the Platform that is over 18 years of age and books a Job.
Exclusivity Condition means as defined in clause 6.
Exclusivity Period means a period of 12 months from the day the Job was completed for the relevant Customer.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Independent Plumber Terms means the usual terms and conditions of business under which the Plumber operates which, to the extent of any conflict between the Independent Plumber Terms and the Terms, the Terms prevail.
Indemnity means as defined in clause 8(b).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
Job means any plumbing or gas fitting services, goods and materials provided by a Plumber, subject to a booking made by a Customer via the Platform.
Job Fee means the price paid by the Customer for a Job, as published by the Company (within the Platform) and/or agreed between the Customer and the Company from time-to-time subject to any Refund, Service Fee and any costs under the Perth Water Tanks Safety Net.
Loss means as defined in clause 8(b).
Parties means the Customer, Plumber and the Company as the context requires.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion or about the affairs or personal particulars of a legal entity such as a company or business which is received or learnt by each party from any source as a consequence of or in the performance of its rights and obligations under these Terms and any information defined as personal information within the meaning of the Privacy Act.
Perth Water Tanks means a plumber booked through the Platform, including their employees or any sub-contractors that they engage.
Privacy Act means the Privacy Act 1989 (Cth).
Refund means a refund or credit of some or all of the Job Fee (as appropriate) where, by no fault of the Customer, the Job is not performed or cannot be satisfactorily completed; or otherwise as required under law.
Service Fee means a fee charged by the Platform to a Plumber for arranging a Job.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Terms means these terms and conditions and the Contract as the context requires.
User(s) means a Customer or Plumber as the context requires.