Terms and Conditions

Here are our terms and conditions. Please contact us if you have any other questions. Thanks for connecting.


The Taskmall terms & conditions provide a guideline to help you understand Taskmall’s and your own obligations and responsibilities on the Taskmall Platform. Taskmall now provides a Task Contract to enable Users to understand their contractual rights and obligations when performing or receiving Services. Taskmall has also updated information regarding its payment facilities and dispute resolution services.


User Agreement: www.taskmall.com.au

Taskmall operates an online platform allowing Users to connect through the Taskmall Platform with other Users who provide Services.


Please read these terms and all Policies including the Privacy Policy carefully before using the Taskmall Platform. These Policies are incorporated into this Agreement by reference.


All defined terms in this Agreement have the meaning given to them in the Taskmall Glossary.


1. SCOPE OF TASKMALL SERVICE

1.1 Taskmall provides the Taskmall Platform to enable Job Posters to publish Posted Tasks.


1.2 Taskmall Workers may make an Offer in response to a Posted Task. Parts of Offer details may be made publicly available, including to internet users who are not Users.


1.3 A Job Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Taskmall reserves the right to cancel all Offers on a Posted Task made prior to the modification or amendment.


1.4 If a Job Poster accepts an Offer on the Taskmall Platform, a Task Contract is created between the Taskmall Worker and the Job Poster.


1.5 Upon creation of a Task Contract, the Job Poster must pay the Task Payment into Escrow Account.


1.6 Upon creation of the Task Contract, Taskmall has rendered Taskmall Services and the Fees are due and payable.


1.7 Once the Task Contract is created, the Taskmall Worker and Job Poster may vary the Task Contract on the Taskmall Platform. The Job Poster and Taskmall Worker are encouraged to use Taskmall's private messaging system to amend or vary the Task Contract or to otherwise communicate.


1.8 The Taskmall Worker must perform the Services required under the Task Contract.


1.9 Once the Services are complete, the Taskmall Worker must provide notice of that on the Taskmall Platform.


1.10 Once the Services are complete, the Job Poster must provide notice of that on the Taskmall Platform.


1.11 Once the Posted Task has been completed and the Job Poster confirms the Services are completed, or if Taskmall is satisfied the Services have been completed, the Worker Payment will be released from the Escrow Account.


1.12 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Taskmall Platform.


1.13 Taskmall may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Job Poster would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Taskmall Worker for the Posted Task.


2. TASKMALL'S ROLE AND OBLIGATIONS

2.1 Taskmall provides the Taskmall Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.


2.2 Taskmall 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, Taskmall may refuse to allow any person to register or create an account with Taskmall or cancel or suspend any existing account.


2.5 Registering and creating an account with Taskmall is free. There is no charge for a Job Poster to post tasks, or for other Taskmall Users to review content on the Taskmall Platform, including Posted Tasks.


2.6 Taskmall accepts no liability for any aspect of the Job Poster and Taskmall Worker interaction, including but not limited to the description, performance or delivery of Services.


2.7 Taskmall 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 Taskmall Workers to perform tasks or supply items, or the honesty or accuracy of any information provided by Job Posters or the Job Posters' ability to pay for the Services requested.


2.8 Except for liability in relation to any Non-excludable Condition, the Taskmall Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.


2.9 Taskmall 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. Protecting and Maintaining Personal Information

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 Taskmall Platform;


(c) promptly and efficiently perform obligations to other User under a Task Contract; and


(d) ensure that You are aware of any laws that apply to You as a Job Poster or Taskmall Worker, or in relation to using the Taskmall Platform.


3.2 You agree that any content (whether provided by Taskmall, a User or a third party) on the Taskmall Platform may not be used on third party sites or for other business purposes without Taskmall's prior permission.


3.3 You must not use the Taskmall Platform for any illegal or immoral purpose.


3.4 You must maintain control of Your Taskmall account and must not deal your account in any way, including by 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 Taskmall an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Taskmall Platform for the purpose of publishing material on the Taskmall Platform and as otherwise may be required to provide the Taskmall Service, for the general promotion of the Taskmall Service, and as permitted by this Agreement.


3.6 You agree that any information posted on the Taskmall Platform must not, in any way whatsoever, be potentially or actually harmful to Taskmall or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Taskmall.


3.7 Without limiting any provision of this Agreement, any information You supply to Taskmall or publish in a Posted Task 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 Taskmall'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 Taskmall 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 Taskmall Platform may from time to time engage location-based or map-based functionality. The Taskmall Platform may display the location of Job Posters and Taskmall Workers to persons browsing the Taskmall Platform. Each Job Poster will be asked to provide the street and suburb where the Services are to be delivered. A Job Poster should never disclose personal details such as the Job Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the Taskmall Platform.


3.9 If You are an Taskmall Worker, You must have the right to provide Services under a Task Contract and to work in Australia. You must comply with tax and regulatory obligations in relation to any payment (including a Worker Payment) received under a Task Contract.


3.10 Taskmall Workers must provide Services to Job Posters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.


3.11 You must not, when supplying Services, charge a Job Poster Fees on top of the Worker Payment.


3.12 You must not request payments outside of the Taskmall Platform from the Job Poster except to the extent permitted by clause 3.13 and only if the Taskmall Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.


3.13 If an Taskmall Worker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Taskmall Worker is solely responsible for obtaining any reimbursement from the Job Poster. Taskmall advises Taskmall Workers not to agree to incur costs in advance of the Task Payment unless the Taskmall Worker is confident the Job Poster will reimburse the costs promptly.


3.14 If Taskmall determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Taskmall Service or cancel or suspend Your account and/or any Task Contracts.


4. FEES

4.1 Upon the creation of a Task Contract, the Users owe Taskmall the Fees. Fees will automatically be deducted from the Task Payment held in the Escrow Account.


4.2 If the Posted Task requires an Taskmall Worker 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 Taskmall may from time to time change the Fees and the terms applying to their payment. Any change relating to the Fees is effective fourteen (14) days after Taskmall notifies You of that change by sending a message to your Taskmall account, or by notifying You the next time you login to the Taskmall Platform.


4.5 Taskmall may choose to temporarily modify the Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to Your account.


4.6 All Fees and charges payable to Taskmall are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.


4.7 If Taskmall introduces a new service on the Taskmall Platform, the Fees applying to that service will be payable as from the launch of the service.


5. PAYMENTS AND REFUNDS

5.1 If:


(a) the Job Poster and the Taskmall Worker mutually agree to cancel the Task Contract; or


(b) following reasonable attempts by a Job Poster to contact an Taskmall Worker to perform the Task Contract, the Task Contract is cancelled; and


(c) Taskmall is satisfied that the Task Payment should be returned to the Job Poster, then Taskmall will pay the Worker Payment held in the Escrow Account to the Job Poster. Taskmall may also pay to the account of the Job Poster, on behalf of the Taskmall Worker, an additional amount equivalent to the Fees collected in connection with the Task Contract.


5.2 Any amount paid by Taskmall on behalf of an Taskmall Worker under clause 5.1 will be a debt owed by the Taskmall Worker to Taskmall.


5.3 If, for any reason, a Worker Payment cannot be transferred or otherwise made to the Taskmall Worker or returned to the Job Poster (as the case may be) or no claim is otherwise made for a Worker Payment, the Worker Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the Job Poster initially paid the Task Payment into the Escrow Account.


5.4 Following the 3 months referred to in clause 5.3, and provided there is still no dispute in respect of the Worker Payment, the Worker Payment will be automatically converted to a Stored Value Card and credited to the Job Poster.


6. PAYMENT FACILITY

6.1 Taskmall may use an Escrow Provider to operate the Escrow Account.


7. THIRD PARTY SERVICES

7.1 Taskmall may from time to time include Third Party Services on the Taskmall Platform. These Third Party Services are not provided by Taskmall.


7.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Taskmall Platform as a convenience to our Users who may find the Third Party Services of interest or of use.


7.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.


7.4 Taskmall makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Taskmall Platform, Users may inform Taskmall of their Third Party Service experience here.


8. VERIFICATION & BADGES

8.1 Taskmall may use Identity Verification Services.


8.2 You agree that Taskmall Identity Verification Services may not be fully accurate as all Taskmall Services are dependent on User-supplied information and/or information or verification services provided by third parties.


8.3 You are solely responsible for identity verification and Taskmall accepts no responsibility for any use that is made of an Taskmall Identity Verification Service.


8.4 Taskmall Identity Verification Services may be modified at any time.


8.5 The Taskmall Platform may also include a User-initiated feedback system to help evaluate Users.


8.6 Taskmall may make Verification Icons available to Taskmall Workers. The available Verification Icons can be requested by the Taskmall Worker via the Taskmall Platform, and arranged on behalf of the Taskmall Worker and issued by Taskmall, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Taskmall Worker and determined by Taskmall or a third party verifier subject to its terms. It remains the Taskmall Worker's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Taskmall immediately if a Verification Icon is no longer valid.


8.7 Taskmall may, at its discretion, issue Taskmall Badges to Taskmall Workers for a fee.


8.8 The issue of a Verification Icon or Taskmall Badge to an Taskmall Worker remains in the control of Taskmall and the display and use of a Verification Icon or Taskmall Badge is licensed to the Taskmall Worker for use on the Taskmall Platform only. Any verification obtained as a result of the issue of a Verification Icon or Taskmall Badge may not be used for any other purpose outside of the Taskmall Platform.


8.9 Taskmall retains the discretion and right to not issue, or remove without notice, a Verification Icon or Taskmall Badge if You are in breach of any of the terms of this Agreement, the Verification Icon or Taskmall Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Taskmall.


9. FEEDBACK

9.1 You can complain about any comment made on the Taskmall Platform using the 'Report' function of the Taskmall Platform or contact Taskmall via the Taskmall Platform.


9.2 Taskmall is entitled to suspend or terminate Your account at any time if Taskmall, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Taskmall Users.


10. LIMITATION OF LIABILITY

10.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law Taskmall 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 Job Posters and Taskmall Workers.


10.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Taskmall 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 Taskmall Platform.


10.3 Except for liability in relation to a breach of any Non-excludable Condition, Taskmall's liability to any User of the Taskmall Service is limited to the total amount of payment made by that User to Taskmall during the twelve month period prior to any incident causing liability of Taskmall, or $50, whichever is greater.


10.4 Taskmall'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.


11. PRIVACY

11.1 Taskmall's Privacy Policy, which is available at Taskmall.com.au/privacy, applies to all Users and forms part of this Agreement. Use of the Taskmall Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your personal information in accordance with Taskmall's Privacy Policy.


11.2 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.


12. MODIFICATIONS TO THE AGREEMENT

12.1 Taskmall may modify this Agreement or the Policies (and update the Taskmall pages on which they are displayed) from time to time. Taskmall will send notification of such modifications to Your Taskmall account or advise You the next time You login.


12.2 When You actively agree to the terms (for example, by clicking a button saying "I accept") or use the Taskmall Platform in any manner, including engaging in any acts in connection with a Task Contract, the modified 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.


12.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must notify Taskmall who will terminate your Taskmall account, and stop using the Taskmall Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Taskmall Policy cannot be amended except in writing signed by You and Taskmall.


13. NO AGENCY

13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Taskmall, its related entities or affiliates in any way whatsoever. Taskmall confirms that all Third Party Services that may be promoted on the Taskmall service are provided solely by such Third Party Service providers. To the extent permitted by law, Taskmall 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.


14. NOTICES

14.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Taskmall's contact address as displayed on the Taskmall Platform, or to Taskmall 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 Job Poster 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 Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.


14.2 Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.


15. MEDIATION AND DISPUTE RESOLUTION

15.1 Taskmall encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Taskmall may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.


15.2 Taskmall may provide access to a Third Party Dispute Service. If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Taskmall confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The 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.


15.3 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.


5.4 Taskmall has the right to hold any Task Payment the subject of a dispute in the Escrow Account, until the dispute has been resolved.


15.5 If You have a complaint about the Taskmall Service please contact us here


15.6 If Taskmall provides information of other Taskmall Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Taskmall against any claims relating to any other use of information not permitted by this Agreement.


16. TERMINATION

16.1 Either You or Taskmall may terminate your account and this Agreement at any time for any reason.


16.2 Termination of this Agreement does not affect any Task Contract that has been formed between Taskmall Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Task Payment as applicable.


16.3 Third Party Services are subject to Third Party Service provider terms and conditions.


16.4 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.


16.5 If Your account or this Agreement are terminated for any reason then You may not without Taskmall's consent (in its absolute discretion) create any further accounts with Taskmall and we may terminate any other accounts You operate.


17. GENERAL

17.1 This Agreement is governed by the laws of New South Wales, Australia. You and Taskmall submit to the exclusive jurisdiction of the courts of New South Wales, Australia.


17.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.


17.3 This Agreement may be assigned or novated by Taskmall to a third party without your consent. In the event of an assignment or novation User will remain bound by this Agreement.


17.4 This Agreement sets out the entire understanding and agreement between User and Taskmall with respect to its subject matter.


APPENDIX A:

TASK CONTRACT


The terms used in this Task Contract have the meaning set out in the Taskmall Glossary. A Task Contract is created in accordance with the Taskmall Agreement. The Job Poster and the Taskmall Worker enter into this Task Contract on the following terms:


1. COMMENCEMENT DATE AND TERM

1.1 This Task Contract is created when the Job Poster accepts the Taskmall Worker's Offer on a Posted Task to provide Services.


1.2 This Contract will continue until terminated in accordance with clause 7.


2. SERVICES

2.1 The Taskmall Worker will perform Services in a proper and workmanlike manner.


2.2 The Taskmall Worker must perform the Services at the time and location agreed.


3. WARRANTIES

3.1 Each party warrants that the information provided in the creation of this Task Contract is true and accurate.


3.2 The Taskmall Worker warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.


3.3 The parties incorporate the Consumer Guarantees into this Task Contract, even if they are not already incorporated by law.


4. PAYMENT OR CANCELLATION

4.1 Upon the creation of this Task Contract, the Job Poster must pay the Task Payment into the Escrow Account.


4.2 Upon the Services being completed, the Taskmall Worker will provide notice on the Taskmall Platform.


4.3 The Job Poster will be prompted to confirm the Services are complete. If the Taskmall has completed the Services in accordance with clause 2, the Job Poster must use the Taskmall Platform to release the Worker Payment from the Escrow Account.


4.4 If the parties agree to cancel this Task Contract, or the Job Poster is unable to contact the Taskmall Worker to perform the Task Contract, the Worker Payment will be dealt with in accordance with the User 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 this Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.


5.2 The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Task Payment.


6. DISPUTES

6.1 If a dispute arising 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 refer the dispute to the Third Party Dispute Service and act in accordance with the Third Party Dispute Service's terms and conditions.


7. TERMINATION OF CONTRACT

This Task Contract will terminate when:


(a) the Services are completed and the Task Payment is released from the Escrow Account;


(b) a party is terminated or suspended from the Taskmall Platform, at the election of the other party;


(c) when otherwise agreed by the parties or the Third Party Dispute Service; or


(d) notified by Taskmall in accordance with the party's Taskmall Agreement.


8. APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.


9. GOVERNING LAW

This Task Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.


Taskmall Glossary


"ACL" means the Australian Consumer Law.


"Agreement" means the most updated version of the agreement between Taskmall and a User.


"Taskmall" "we" "us" "our" means C & Z Capital Pty Ltd trading as Taskmall ACN 620 777 237.


"Taskmall Badge" (闪电任务认证图标)means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Taskmall.


"Taskmall Platform" (闪电任务平台) means the Taskmall website at http://www.Taskmall.com.au/, Taskmall smartphone app, and any other affiliated platform that may be introduced from time to time.


"Taskmall Services" means the service of providing the Taskmall Platform.


"Taskmall Worker" (闪电任务达人) means a User who provides Services to Job Posters.


"Business Partner Contract" means a contract between a Business Partner and an Taskmall Worker to perform Business Services.


"Business Partner" means the business or individual that enters into an agreement with Taskmall to acquire Business Services.


"Business Services" means Services provided by an Taskmall Worker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).


"Consequential Loss" means any loss, damage or expense recoverable at law:


(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or


(b) which is a loss of:


a. opportunity or goodwill;


b. profits, anticipated savings or business;


c. data; or


d. value of any equipment,


and any costs or expenses incurred in connection with the foregoing.


"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL.


"Escrow Account" means the escrow account.


"Escrow Provider" means an entity that manages the Escrow Account.


"Fees" means all fees payable to Taskmall by Users including the Service Fee.


"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Taskmall Badges and Verification Icons.


"Job Poster" means a User that posts on the Taskmall Platform in search of particular Services.


"Marketing Material" means any updates, news and special offers in relation to Taskmall or its Third Party Services.


"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.


"Offer" means an offer made by an Taskmall Worker in response to a Posted Task to perform the Services.


"Policies" means the policies posted by Taskmall on the Taskmall Platform, including but not limited to the Privacy Policy and Community Guidelines.


"Posted Task" means the Job Poster's request for Services, and includes the deadline for completion, price and description of the Services to be provided.


"Reference" means a feature allowing a User to request other Users to post a reference on the Taskmall Platform endorsing that User.


"Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.


"Service Fee" means the fee payable by the Taskmall Worker as consideration for Taskmall connecting the Taskmall Worker with the Job Poster, being fifteen (15) percent of the Task Payment.


"Site" means the website at http://www.Taskmall.com.au/.


"Stored Value Card" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Taskmall Platform.


"Take Down Notice" means any such request for Taskmall to remove content on the Taskmall Platform due to a claim of copyright infringement.


"Task Contract" means the separate contract which is formed between a Job Poster and an Taskmall Worker for Services, the terms of which is including in Appendix A to the Agreement.


"Task Payment" means the payment into the Escrow Account made by the Job Poster at the agreed price for Services (including any variation) but does not include any costs incurred by the Taskmall Worker when completing Services which the Job Poster agrees to reimburse.


"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.


"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Taskmall Platform from time to time.


"User" means the person who has signed up to use the Taskmall Platform, whether as the Job Poster, Taskmall Worker, or otherwise.


"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Taskmall Platform to confirm details internally verified by Taskmall such as a User's qualification, license, certificate or other skill.


"Worker Payment" means the Task Payment less any Fees.


Rules of Interpretation:


In the Taskmall Agreement and all Policies, except where the context otherwise requires:


(a) the singular includes the plural and vice versa, and a gender includes other genders;


(b) another grammatical form of a defined word or expression has a corresponding meaning;


(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;


(d) a reference to A$, $A, dollar or $ is to Australian currency;


(e) a reference to time is to the time in New South Wales, Australia;


(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;


(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;


(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;


(i) headings are for ease of reference only and do not affect interpretation;


(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and


(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.