eHelper Marketplace Terms And Conditions
1. Introduction
1.1 These eHelper Marketplace Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person or entity listed in the Registration Portal (you or your) and L & Z Serviceshop Pty Ltd (ACN 638 045 066) (eHelper, we, our or us) (collectively, the agreement).
1.2 By downloading, accessing and using the eHelper Platform, you warrant that you have read this agreement and agree to be bound by this agreement. If you are using the eHelper Platform as a representative of an entity, you are agreeing to the agreement on behalf of that entity.
2. eHelper Platform
2.1 The eHelper Platform is a portal or online marketplace through which Customers may request Helper Services and connect with Service Providers who provide Helper Services.
2.2 We are a mere online marketplace or conduit for introducing Customers and Services Provider. eHelper is not a Customer or Service Provider, and we do not act as a payment collection agent for Service Providers. Our role is limited to providing Customers and Service Providers with access and use of the eHelper Platform.
2.3 When you create an Account on the eHelper Platform, you are granted a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, access and use the eHelper Platform for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
3. Changes
We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the eHelper Platform, any fees charged by us under this agreement, remove or add any Customer or Service Provider and any ancillary services offered on, or via, the eHelper Platform with, or without notice, to you. If we provide you with notice of changes to this agreement, we shall do so by posting details of these changes on the eHelper Platform.
4. Term
This agreement commences on the date you create an Account with us on, or via, the eHelper Platform and continues, unless terminated in accordance with clause 17 (Termination).
5. Account
5.1 If you wish to access and use the eHelper Platform (whether as a Customer or Service Provider), you must create an account with us (Account) via the eHelper Platform. You can do so by either signing up or logging in using your Account on a third party platform, such as Wechat, Facebook, Google or Apple.
5.2 You are solely responsible for the activity conducted on or through your Account. We may at any time request identification to verify your identity.
5.3 In order to open an Account or otherwise access and use the eHelper Platform:
(a) you must be over 18 years of age and legally able to enter into contractual relations. If you are not over 18 years of age, we reserve the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided; and
(b) provide accurate and complete registration information as described in clause 7 (if you are a Customer)
or clause 6 (if you are a Service Provider).
5.4 In relation to your Account, you undertake that you will:
(a) not disclose your Password to any third party and take reasonable measures to prevent the disclosure of your Password to any third party. Please notify us immediately if you become aware that your Account or Password is being used without authorisation;
(b) provide only accurate, complete registration information and Personal Information, and update that information if it changes. All Personal Information as well as the information you provide to register is subject to our Privacy Policy; and
(c) not impersonate another account holder or provide false identity information to gain access to or use the eHelper Platform.
5.5 We have the right to suspend or terminate any Account or Password or your access to or use of all or any part of the eHelper Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
6. Service Provider obligations
6.1 At the time a Service Provider creates an Account with us, the Service Provider must also create a Service Provider Profile which will include business information and Personal Information, including, but not limited to:
(a) the Service Provider’s contact and personal details (including but not limited to name, location, age, gender, professional qualification, working experience, service areas and any photographs that the Service Provider uploads or publishes on the eHelper Platform);
(b) if you are a company, your company details (such as business name and company registration number);
(c) the type/category and description of Helper Services offered for sale by a Service Provider on, or via, the eHelper Platform;
(d) your fees or charges for providing Helper Services (inclusive of Taxes); and
(e) any other information which we may require to verify your identity, qualifications, and the accuracy of any Helper Services advertised, displayed or listed on, or via, the eHelper Platform.
6.2 We will not be liable to you (as a Service Provider) or anyone else for any:
(a) error, omission, failure to update or change any Account details or Service Provider Profile which is advertised, listed or displayed by a Service Provider on, or via, the eHelper Platform following your request; or
(b) loss, damage, claim, liability, expense or cost incurred by a Service Provider or any third party as a result of, or in connection with any content or information supplied by a Service Provider which is uploaded, published or submitted in relation to the eHelper Platform.
6.3 The Service Provider must have a cancellation and refund policy that complies with all Relevant Laws (including the Australian Consumer Law).
6.4 It is your responsibility to effect and maintain adequate insurance cover in connection with the performance of the Helper Services.
6.5 You (as a Service Provider) warrant and guarantee that:
(a) the performance of the Helper Services will be fit for purpose and meet the description, specifications and quality standards as described in your Service Provider Profile;
(b) the Helper Services will be supplied with all due care, skill, diligence;
(c) you have completed a satisfactory Probity Check (if required by us or the Customer);
(d) you hold all the necessary experience, qualifications, expertise and skills to be able to competently deliver the Helper Services. You agree to promptly provide any reference or evidence which we or the Customer may request, to prove and demonstrate that you have the necessary competencies, qualifications, expertise and skills to provide the Helper Services;
(e) the Helper Services will comply with all Relevant Laws;
(f) you will always act in the best interests of the Customer and not engage in any conduct which damages eHelper or the Customer, or is in any way prejudicial to the best interests of eHelper or the Customer; and
(g) all information provided by you in relation to the Helper Services are true, complete and accurate. You will immediately update your Service Provider Profile if any of the details or information you submit or upload to the eHelper Platform is inaccurate, incomplete, or out of date.
6.6 If the Service Provider fails to comply with this clause 6 (for example, if a Customer reports or complains that the Service Provider has failed to provide the Helper Services or has engaged in unlawful or inappropriate conduct), eHelper may, at our absolute discretion and with or without notice to the Service Provider, restrict, suspend or terminate the Account or the Service Provider Profile on the eHelper Platform.
7. Customer obligations
7.1 At the time you create an Account with us, you become a Customer and can access, view and search Helper Services offered for sale by a Service Provider on, or via, the eHelper Platform. If the Customer wishes to also operate as a Service Provider, the Customer must register as a Service Provider.
7.2 You acknowledge and agree that we may, at any time during the Term, edit your Customer Profile or update or change the Helper Services that may be offered for sale by Service Providers, on, or via, the eHelper Platform.
7.3 You acknowledge and agree that before requesting or ordering any Helper Services from Service Providers on, or via, the eHelper Platform, you (as a Customer) should carefully review the Service Provider’s qualifications, skills and experience in providing such Helper Services. The Customer acknowledges and agrees that, to the maximum extent permitted by Relevant Laws:
(a) we make no representations, warranties or guarantees in relation to the standard, availability, reliability, accuracy, currency, or quality of the eHelper Platform, the Helper Services, or any other ancillary products or services which may be made available to a Customer on, or via, the eHelper Platform. You acknowledge that the eHelper Platform, the Helper Services, or any other ancillary products or services made available to you on, or via, the eHelper Platform are provided ‘as is’; and
(b) it is your responsibility to determine whether the Helper Services offered, on or via, the eHelper Platform, meet your specific needs, or are otherwise suitable for the purposes for which they are used.
7.4 You (as a Customer) will provide safe and suitable working systems and a safe work environment for each Service Provider which complies with the relevant OHS Laws (including, but not limited to, providing adequate supervision of, and directions to, the Service Provider and you must ensure that any equipment, site or facilities for use for the provision of, or in relation to, any work or services are safe and without risks to health and safety, or exposure to risks or hazards).
7.5 If the Customer fails to comply with this clause 7 (for example, if a Service Provider reports or complains that the Customer has failed to pay for the Helper Services or has engaged inappropriate or unlawful conduct), eHelper may, at our absolute discretion and with or without notice to the Customer:
(a) remove a Customer’s Advertisement from the eHelper Platform; or
(b) to restrict, suspend or terminate the Customer’s Account or the Customer Profile on the eHelper Platform.
8. Your general obligations
8.1 To access and use the eHelper Platform, you must:
(a) obtain and maintain all equipment, hardware and software required by you to access and use the eHelper Platform;
(b) comply with all reasonable directions, policies and guidelines as advised by us from time to time; and
(c) carry out all of your responsibilities set out in this agreement in a timely, and efficient manner.
8.2 During the Term, you will not (directly or indirectly) circumvent the obligation to pay any fees when using the eHelper Platform.
You may enter into any contract or negotiations with any other Customer (if you are Service Provider) or any other Service Provider (if you are Customer) inside or outside of the eHelper Platform for the purpose of providing, supplying, ordering or purchasing Helper Services. We will not be responsible or liable for any financial dealings or transactions you enter into with another user of the eHelper Platform or other persons introduced to you on, or via, the eHelper Platform. we will not be responsible for any subsequent transactions or financial dealings that the Customer and Service Provider enter into inside or outside of the eHelper Platform;
9. Restrictions on use
9.1 You must not:
(a) reverse engineer, decompile, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the eHelper Platform (including any object code and source code) available to any third party;
(b) violate any Platform IP;
(c) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the eHelper Platform or the Account, including any images contained on the eHelper Platform;
(d) access all or any part of the eHelper Platform in order to build a product, service or code which competes with the eHelper Platform; and
(e) data mine the eHelper Platform or access, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the eHelper Platform that may be unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive.
9.2 You must not upload, transmit or post any material, content or information on, or via, the eHelper Platform (or through the chat function on the eHelper Platform) that:
(a) would cause you or us (or anyone else) to breach any Relevant Laws;
(b) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or privacy or false and misleading;
(c) would bring us or any other user of the eHelper Platform into disrepute or adversely affect the reputation and goodwill of the eHelper Platform; and
(d) would infringe the Intellectual Property Rights or other rights of any person.
9.3 We are not responsible for monitoring or censoring any content or information advertised, published or listed on the eHelper Platform, including any Service Provider Profile, Customer Profile or Advertisement. However, we may (in our absolute discretion and without notice to you) remove, modify, refuse to publish or alter or delete any content without any notice to you, if we consider that such content or material does not comply with this agreement (including any of our policies or guidelines published by us from time to time).
10. Our obligations
10.1 We shall use reasonable endeavours to provide you with access and use of the eHelper Platform.
10.2 In the event that we fail to provide you with access and use of the eHelper Platform in accordance with clause 10.1, we will use reasonable endeavours to correct any such non-conformance in order to accomplish the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.
11. Fees
11.1 Except for during the Trial Period, we will charge you a fee to access and use the eHelper Platform.
11.2 If you are a Customer, we will charge you:
(a) a fee each time you create and publish an Advertisement on, or via, the eHelper Platform as displayed or published on the eHelper Platform (Advertising Fee); and
(b) a fee for each Service Provider you wish to contact as displayed or published on the eHelper Platform (Lead Fee).
11.3 If you are a Service Provider, we will charge you an annual subscription fee in advance to access and use the eHelper Platform as displayed or published on the eHelper Platform (Subscription Fee).
11.4 The Advertising Fee, Lead Fee or Subscription Fee displayed on the eHelper Platform are current at the time of issue, and are subject to change. The fees payable under this agreement and the availability of Helper Services and any other ancillary products or services made available to you on, or via, the eHelper Platform, these are subject to change at any time.
12. Payment
12.1 All fees payable under this agreement are in Australian Dollars and are inclusive of Taxes.
12.2 To the maximum extent permitted by Relevant Laws and unless otherwise stipulated in this agreement, you agree that all fees payable under this agreement are non-refundable.
12.3 You must pay all fees owing under this agreement by credit or debit card (Visa or Mastercard), Wechat Pay or Alipay. We use Third Party Payment Processors to process payments made to us. By making payment of the Advertising Fee, Lead Fee or Subscription Fee (as the context permits) or any other amounts owing to us under the agreement, you agree to provide the Third Party Payment Processors with accurate and complete billing information, and you authorise us to share billing information with our Third Party Payment Processors for the purpose of processing your payment.
12.4 We may, at our absolute discretion and without notice to you, change the payment methods that can be used to access and use the eHelper Platform, at any time.
12.5 We reserve the right to vary Advertising Fee, Lead Fee or Subscription Fee (as the case may be) by posting these changes on the eHelper Platform. If you do not agree to these changes, you may terminate the agreement no later than 5 days after you have received notice of the new fees. If we do not receive the written notice within 5 days, you will have deemed to have accepted the new fees.
13. Intellectual Property Rights
13.1 You acknowledge that, notwithstanding anything else, we (and our licensors) own all Intellectual Property Rights in the eHelper Platform and anything arising or generated therefrom (collectively, the eHelper IP). Accessing and using the eHelper Platform does not give you (or anyone else) ownership of, or any right, title or interest in any of the eHelper IP, or any information, content or technology that may be provided to, or accessed by, you in connection with their use, all of which is, and will remain, owned by us or our licensors.
13.2 All Intellectual Property Rights discovered, developed or which otherwise come into existence as a result of, or in connection with, the eHelper Platform will automatically vest in, and will be assigned to, us.
13.3 By creating an Account on, or via, the eHelper Platform, you grant us for the Term a royalty-free, non-exclusive, transferable and worldwide licence to use your Customer Profile or Service Provider Profile (as the context permits), including any content you create, publish or post on, or via, the eHelper Platform, for the purpose of providing you with access to, and use of the eHelper Platform.
14. Warranties
14.1 To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) given in connection with the provision of the eHelper Platform or any other ancillary products and services made available to you on, or via, the eHelper Platform.
14.2 Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
14.3 We do not recommend or endorse any Service Provider or Customer, or any content, comments or submissions published, posted or appearing on the eHelper Platform or our related social media pages.
14.4 You acknowledge and agree that, to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security of the eHelper Platform, or any other ancillary products or services made available to you on, or via, the eHelper Platform.
14.5 You acknowledge that the eHelper Platform, the Helper Services, or any other ancillary products or services made available to you on, or via, the eHelper Platform, are provided on an ‘as is’ basis, and that we will not be liable to you or anyone else if the eHelper Platform, or any other ancillary products or services are unavailable for any reason, including directly or indirectly as a result of:
(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
(c) maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the eHelper Platform;
(d) products or services provided by third parties ceasing or becoming unavailable; or
(e) a Force Majeure Event.
14.6 You warrant, acknowledge and agree that:
(a) your use of the eHelper Platform has not been made on the basis of any representations as to features or functionality of the eHelper Platform;
(b) you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, will not breach any third party rights; and
(c) we make no representation, warranty or guarantee that you: (i) in the case of a Service Provider, will make any minimum level of profit or revenue, a minimum number of sales or receive an increased market share or client base through your use of the eHelper Platform or that any Advertisement is legitimate; or (ii) in the case of a Customer, that any Service Provider you engage through the eHelper Platform is reliable, legitimate, creditable or able or willing to provide or complete the Helper Services.
15. Limitation of Liability
15.1 To the maximum extent permitted by Relevant Laws, we will not be liable to you or any third party for:
(a) direct, indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
(b) loss of income, loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss; or
(c) loss of or damage to any property or any personal injury or death,
which arises out of, or relates to, the provision or use of the eHelper Platform, the provision, use or supply of the Helper Services (or any other ancillary products or services made available to you or supplied by you on, or via, the eHelper eHelper Platform) or under this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
15.2 Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed:
(a) in the case of a Customer, the Advertising Fees or Lead Fee paid by you to eHelper; or
(b) in the case of a Service Provider, the Subscription Fee paid by the Service Provider to eHelper,
in the preceding 2 months of the claim.
15.3 You agree to defend, indemnify and hold us, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
(a) the access and use by you or any third party of the eHelper Platform, the Helper Services or any other ancillary products or services made available to you or supplied by you on, or via, the eHelper Platform; or
(b) any breach by you of this agreement.
16. Privacy
16.1 To the extent that either party comes into possession of Personal Information in the course of providing you with access to, and use of, the eHelper Platform, the parties agree to comply with the provisions of the Privacy Act. For more information relating to our privacy practices, please see our Privacy Policy, which forms part of this agreement.
17. Termination
17.1 You may terminate this agreement at any time by deactivating your Account, except that you must not terminate this agreement until you:
(a) have paid all fees owing by you to us under this agreement;
(b) in the case of Customers, have paid the Service Provider in full for the provision of Helper Services; or
(c) in the case of Service Providers, have completed providing the Helper Services to the reasonable satisfaction of the Customer.
17.2 If you terminate the agreement in accordance with clause 17.1, you will not be entitled to a pro rata refund of the Subscription Fee, Advertising Fee and/or Lead Fee (as the context permits).
17.3 We may terminate this agreement (without liability to you or anyone else) by providing you with 7days’ written notice.
17.4 Either party may terminate this agreement by giving notice with immediate effect if the other party:
(a) breaches any material term of this agreement and such breach is not remedied within 7 Business Days after receiving notice of the breach;
(b) breaches any material term of this agreement and such breach is not capable of remedy; or
(c) suffers an Insolvency Event.
17.5 On termination of this agreement:
(a) all licences and rights of access granted under this agreement will immediately terminate;
(b) you must return all our confidential information, eHelper IP and any other property belonging to us in your control, possession or custody;
(c) you must pay all outstanding fees and charges owing to us under this agreement within 7 days; and
(d) we will delete or de-activate your Account.
18. Third party links
18.1 You acknowledge that the eHelper Platform may contain third party content or content that may link to other websites tools, links, applications, services, products or resources on the Internet. These websites, tools, links, applications, services, products or resources are not under our control and are not maintained by us. We are not responsible for the content of those websites, tools, links, applications, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites, applications or tools for your information and convenience.
18.2 Links, references or other connections to these websites, tools, applications, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
18.3 Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites or third-party suppliers that you visit or transact with.
19. Dispute Resolution
The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties (excluding dispute between a Customer and Service Provider which must be resolved between the parties independently of us) under or relating to this agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
20. Force Majeure
We will have no liability to you (whether you are a Customer or Service Provider) or anyone else under this agreement if we are prevented from or delayed in performing our obligations under this agreement or otherwise, or are otherwise prevented from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control. Such events include strikes, lock-outs or other industrial disputes, pandemics, epidemics, mandatory government shut-downs or lockdowns, failure of a utility service or transport or telecommunications network, acts of God, natural disasters, epidemics, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemics, epidemics, mandatory government lock-downs or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
21. Notice
21.1 By accessing and using the eHelper Platform, you accept that communication with us will be mainly electronic. We will contact you by email, SMS or provide you with information by posting notices on the eHelper Platform.
21.2 You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
21.3 Notice will be deemed received and properly served immediately when posted on the eHelper Platform or 24 hours after a notice is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.
22. General
22.1 A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
22.2 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
22.3 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
22.4 This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
22.5 We shall not, without your prior written consent (which will not be unreasonably withheld) assign or transfer all or any of our rights or obligations under this agreement, except that we may assign, sell or transfer our rights or obligations under this agreement to any of our Affiliates or bona fide third party purchaser of our business.
22.6 You will not, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement without seeking our prior written consent (which will not be unreasonably withheld).
22.7 Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
22.8 This agreement is drafted in the English language. If this agreement is translated into any other language, the English language text will prevail.
22.9 The laws of the state of the Australia Capital Territory govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.
23. Contact Us
If you have any questions about this agreement, please contact us via email at admin@ehelper.com.au.
24. Definitions
24.1 In this agreement, the following words shall have the following meanings:
(a) Account has the meaning in clause 5.1.
(b) Advertisement means an advertisement published, displayed or posted by a Customer on the eHelper Platform for the purpose of seeking or requesting Helper Services from Service Providers.
(c) Advertising Fee has the meaning in clause 11.2(a).
(d) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
(e) Business Days means each day excluding Saturdays, Sundays and public holidays in the Australian Capital Territory.
(f) Customer means a user of the eHelper Platform who requires Helper Services.
(g) Customer Profile means the profile of a Customer that is displayed on the eHelper Platform and which contains the Customer’s registration information and Personal Information, as further described in clause 7.1.
(h) Helper Services means personal and domestic services, including but not limited to, cleaning, cooking, nannying, child care, aged care or tutoring services (whether conducted online or face to face with the Customer) provided by Service Provider.
(i) eHelper IP has the meaning in clause 13.1.
(j) eHelper Platform means the Website and mobile application (including all Intellectual Property Rights contained therein) which enables Customers who require Helper Services to connect with Service Providers who provide Helper Services as further described on the eHelper Platform.
(k) Force Majeure Event has the meaning in clause 20.
(l) Insolvency Event means any of the following:
(i) a receiver, receiver and manager, liquidator, provisional liquidator, controller or any form of external administrator has appointed over a party or any property belonging to the party;
(ii) the party enters into a scheme, arrangement, agreement or compromise with its creditors or calls a meeting of creditors;
(iii) the party becomes bankrupt or insolvent; or
(iv) the party has a winding-up or bankruptcy petition presented against it.
(m) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
(n) Lead Fee has the meaning in clause 11.2(b).
(o) OHS Laws means any and all relevant occupational health and safety legislation, regulations, codes of practice and Australian Standards in respect of workplace health and safety.
(p) Password has the meaning in clause 5.2.
(q) Personal Information has the meaning set out in section 6 of the Privacy Act 1988 (Cth).
(r) Privacy Act means the Privacy Act 1988 (Cth).
(s) Privacy Policy means our privacy policy, which is incorporated into this agreement.
(t) Probity Check means any or all of the following: (i) a 100 point identity check; (ii) a criminal history and policy check; and/or (iii) a right to work in Australia check.
(u) Registration Portal means the registration portal on the eHelper Platform used by you to subscribe to the eHelper Platform.
(v) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world.
(w) Subscription Fee has the meaning given to it by clause 11.3.
(x) Service Provider means a user of the eHelper Platform who provides or supplies Helper Services (as an independent contractor), and where the context permits, the Service Provider’s Personnel and Affiliates.
(y) Service Provider Profile means the profile of a Service Provider that is displayed on the eHelper Platform and which contains the Service Provider’s registration information and Personal Information, as further described in clause 6.1.
(z) Taxes means any local, municipal, governmental, state or federal taxes of any kind, including duties, levies, tariffs, charges, contribution, imposts or any similar charges (including without limitation, sales taxes, goods and services taxes, use taxes and value added taxes).
(aa) Term has the meaning in clause 4.
(bb) Third Party Payment Processor means Wechat Pay, Alipay and Stripe and any other a third party payment processors from time to time.
(cc) Trial Period means the six month period immediately following the launch of the eHelper Platform on the App Store or Google Play Store, unless otherwise extended by us in writing by email, SMS or posting it on the eHelper Platform.
(dd) Website means the eHelper website located at ehelper.com.au and social media linked page or any other internet site notified by the eHelper website from time to time.
(ee) you or your has the meaning in clause 1.1 and where the context permits, includes a Customer or Service Provider.