Terms


NEXTASK TERMS AND CONDITIONS

  1. OUTLINE OF THESE TERMS
  • Services: Nextask Australia Pty Ltd (ACN 634573701) (Nextask, we, our or us) allows users (User or you) to connect with other users who provide services or goods (business and personal) and outsource tasks (the Services) through our platform (Nextask Platform), which includes but is not limited to our:
  • iOS mobile application;
  • Android mobile application;
  • website, www.Nextask.com.au; or
  • any other platform that may be introduced by us in the future.
  • Users: Nextask connects people who have tasks that need doing, or who need to purchase a particular item (Task Posters, or Posters) with those who are willing to do the task or provide the item (Nextask Workers or Contractors or Taskers). A reference to User in these terms and conditions (Terms) includes Task Posters, Nextask Workers, Contractors and any other person that visits or views the Nextask Platform.
  • Binding terms: By accessing and using the Nextask Platform, all Users agree to be bound by these Terms. Any User that does not agree to these Terms is not authorised to access and use the Nextask Platform and must immediately cease doing so. All rights not expressly granted to Users in these Terms are expressly reserved by Nextask.
  • Last update: These Terms were last updated as at 17 November 2020.

2.REGISTRATION AND ACCESS

  • Free Registration: Registering an account with Nextask through the Nextask Platform is free of charge.
  • Eligibility: You may only register for an account if you are resident in Australia and can enter into a legally binding contract that is enforceable by us against you. You must be at least 18 years old. By registering an account, you warrant and represent that you can enter into a legally binding contract.
  • Access to Nextask Platform: Nextask is permitted (in its sole discretion) to alter, suspend, discontinue or restrict access to any Nextask Platform with or without notice to Users and shall incur no liability for doing so.
  • Client Data: To register an account with Nextask, you may be required to provide, among other information:
  • Personal details including:
  • Name;
  • Address;
  • Valid contact details including;
  • An email address;
  • A telephone number;
  • Financial details such us:
  • A valid Australian bank account; and / or
  • A valid Australian credit card;
  • Any other information required to complete the registration process.
  • (Client Data). What constitutes Client Data may vary from time to time, noting that we may require additional information to that set out above.
  • Failure to supply correct Client Data may result in us being unable to grant you access to the Nextask Platform.
  • We reserve the right to decline your registration request if you do not comply with our registration requirements as detailed in these Terms and on the Nextask Platform.
  • You agree to permit us to use your Client Data for the purpose of providing the Services and the functionality of the Nextask Platform and any related purpose. You acknowledge that in order to do so, we may share the Client Data with other parties, including stakeholders and suppliers.
  • You agree to use the Nextask Platform only for its intended purpose. You may not use the Nextask Platform for any illegal or unauthorized purpose, including the transmission of malware. You must not use the Nextask Platform to violate any laws in your jurisdiction, including but not limited to copyright laws.
  • You must not use the Nextask Platform for any unconscionable behaviour or activity, including but not limited to:
  • Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
  • Engaging in any activity that disrupts or corrupts the Nextask Platform or the networks that host the Nextask Platform; or
  • Attempting to hack, disable, reverse engineer, circumvent or otherwise gain access to any security, database, or other secure aspect of the Nextask Platform.
  • You are responsible for maintaining the security of your login and account information (including the password).  We are not liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.
  • All Client Data will be stored and maintained by or on behalf of us in accordance with Australian law.
  • We may from time to time email you regarding the Services, the Nextask Platform or third party products or services that may be of interest to you. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and / or what links (if any) were clicked. We may use this information to improve the functionality of the Nextask Platform and to improve the Nextask Platform for you.
  • You allow us to refer to you expressly or impliedly in any public forum after or during your use of the Nextask Platform to promote the Nextask Platform.
  • Other use of the Client Data will be in accordance with our Privacy Policy available at https://nextask.com.au/index.php?pid=privacy_policy.

3.SERVICE DESCRIPTION

  • Task Poster: A Task Poster with a requirement for a service to be provided or a good to be acquired may:
  • create an account with Nextask; and
  • post through the Nextask Platform a description of the good to be acquired or service to be provided (including, but not limited to, the payment offered to the Nextask Worker), provided that the description is true, accurate and complete (Posted Task).
  • Nextask Tasker or Worker: A Nextask Tasker or Worker with an ability to perform services and/or to provide the goods may:
  • create an account with Nextask; and
  • browse Posted Tasks submitted by Task Posters.
  • Task Offer: If a Nextask Worker wishes to provide services or sell goods to a Task Poster, the Nextask Worker must make an offer in response to the Posted Task (Offer). By making an Offer, the Nextask Worker confirms that he or she is legally entitled to and capable of supplying the goods or services described in the Posted Task.
  • Cancellation of offer: If a Task Poster in any way updates a Posted Task after it has been published on the Nextask Platform, and before an Offer has been accepted, then Nextask may (at its discretion) cancel all Offers for that Posted Task that were made prior to the update and recommence the Offer.
  • Payment into escrow: If the Task Poster agrees to accept a Nextask Worker's Offer, the Task Poster will do so by using the functionality on the Nextask Platform and paying the agreed price into the payment facility escrow account accessible via the Nextask Platform (Escrow Account).
  • Task Contract: Once a Task Poster has accepted an Offer from a Nextask Worker and paid the agreed price into the Escrow Account, the Task Poster and the Nextask Worker will be deemed to have entered into a contract under which the Task Poster agrees to purchase, and the Nextask Worker agrees to provide the Task Poster, the relevant services or goods (Task Contract).
  • Terms of the Task Contract: The terms of the Task Contract incorporate these Terms (to the extent that they apply to the Task Poster and the Nextask Worker) and any additional terms and conditions agreed between the Task Poster and the Nextask Worker, including the description and price of the services or goods to be provided. You agree not to enter into any contractual provisions in a Task Contract that conflict or which are inconsistent with these Terms. All Terms incorporated into a Task Contract take priority over any other terms agreed between a Task Poster and a Nextask Worker in the Task Contract to the extent of any inconsistency.
  • Task completion: Once a Nextask Worker has provided the goods or services requested by a Task Poster in accordance with the Task Contract, the Nextask Worker must mark the task as completed and request payment by using the function on the Nextask Platform. The Nextask Worker may also upload pictures of finished task so the Poster can confirm that the task has been completed in accordance with the Task Contract.
  • Release of payment by Poster: Once a Nextask Worker has provided the relevant goods or services in accordance with the Task Contract and has provided notice that the task is complete relating to a particular Posted Task, the Task Poster must release the agreed price for the goods or services supplied to the Nextask Worker by using the release payment function on the Nextask Platform. Poster may also leave a review and rating for the Tasker.
  • Payment: Once the Task Poster has released the payment, the fee will be paid from the Escrow Account to the Nextask Worker, after the deduction of the service fee for that Posted Task, as listed in 3.11.
  • Service Fee: Nextask deducts service fee from the agreed task price before transferring funds to the Nextask Worker. The amount of Service fee (% of Task price) deducted depends on the worker’s tier, as listed on Nextask’s fees page (Service Fee). (https://nextask.com.au/index.php?pid=cms_page&page_url=service_fee)
  • Fake Accounts: In the event that we suspect the existence of a fraudulent or fake account:
  • We reserve the right to investigate all accounts where we suspect such activity.
  • We reserve the right to terminate your order following the investigation.

4.MARKETPLACE ONLY

  • Marketplace: The Nextask Platform provides a marketplace through which products or services can be bought and sold (Transaction). Our involvement in the Transaction is limited to that of a facilitator to the Transaction in consideration of which we charge the Service Fee. We are not and do not purport to be a Task Poster, Nextask Worker, Contractor, seller, guarantor, or otherwise a contractual party to the Transaction. We are in no way responsible for completion of the Task Worker’s obligations and by entering into a Transaction you assume all legal and transaction risk in dealing with the Task Poster, Nextask Worker, Worker, Contractor, or other party as the case may be.
  • Involvement: Our involvement in a Transaction is limited to the following capacity:
  • Connecting you with a Task Poster, Nextask Worker, Worker or Contractor as the case may be;
  • Facilitating the Transaction by allowing you to sell and or buy a product or service through the Platform; and
  • Collecting payment from the Task Poster and remitting it to the Nextask Worker, Worker, or Contractor as the case may be.
  • Relationship: When you buy or sell a product through the Platform, you are entering into a legally binding contract pursuant to clauses 3.6 to 3.7 of these Terms. We are not a party to this contract and are not responsible for the performance of the Task Poster’s or Nextask Worker’s, Worker’s, or Contractor’s obligations under this contract.
  • Liability: By using the Nextask Platform, you fully release and discharge us from any claims, actions, demands, or proceedings which may arise from a Transaction. You agree that we are in no way liable for any obligations arising from a Transaction, and you fully indemnify and hold us harmless against any dispute arising from a Transaction for reasons including but not limited to:
    • Delivery or performance of a product or service;
    • The quality or standard of a product or service;
    • Reimbursement, compensation, or damages arising from a product or service;
    • Product or service warranties provided by the Nextask Worker, Worker, or Contractor;
    • Any other product or service warranties and obligations placed on the sale of a product or service under a relevant law.

5.POSTING TASKS AND MAKING OFFERS

  • Required information: A Posted Task must include the following details in order to be accepted by Nextask:
  • Title and description of the service requested;
  • Location of task;
  • Due Date - the deadline for completion of the task or delivery of the goods; and
  • Task price that the Task Poster is prepared to pay for the goods or services required.
  • Task Posters: Task Posters must describe the service or goods fully and accurately and include all terms of sale or supply that you want to apply, as well as any information required by law. Posted Tasks may include text, photos or other graphics.
  • Nextask workers: In making an Offer, the Nextask Worker or Tasker agrees to provide the relevant goods or services within the timeframe, for the agreed price and on the terms and conditions specified in the Posted Task (or as agreed between the Nextask Worker and the Task Poster).
  • Nextask Workers are responsible for the delivery of a product or performance of a service the subject of a Transaction. We are not responsible and accept no responsibility for the delivery of a product or performance of a service listed on the Nextask Platform.
  • Failure by a Nextask Worker to deliver a product or perform a service listed on the Nextask Platform to a Task Poster may result in the Nextask Worker’s account being terminated or suspended.
  • Withdraw Posted Task: Task Posters may withdraw any Posted Task at any time prior to accepting an Offer from a Nextask Worker. If the task is cancelled after an Offer has been accepted, Nextask will determine the refund amount in accordance with clause 19.
  • Where you have had a dealing with a Nextask Worker, Contractor, Worker or Task Poster in which the other party has breached these Terms you may report this breach to us to investigate. We may at our own discretion suspend the other party from the Nextask Platform, or take other such remedial action as we deem appropriate at our full discretion.

6.BREAKDOWN AND MALFUNCTIONS

  • Nextask will try to promptly address (during normal business hours) all technical issues that arise on the Nextask Platform. However, Nextask will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Nextask Platform or any technical malfunctions on it, the Nextask Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's device.

7.PAYMENT AND CREDIT

  • Payment: Where a Task Poster pays an agreed price for goods or services into the Escrow Account in respect of a Posted Task, that Task Payment will be used to pay the Nextask Worker or Contractor (as the case may be) and Nextask in accordance with these Terms. If that payment cannot be made for any reason the Task Payment moneys will be handled in accordance with this clause 7.
  • Credit: If, for any reason:
    1. the Task Payment cannot be transferred or otherwise made to the Nextask Worker, Contractor or the Task Poster (as the case may be); or
    2. no claim is otherwise made for a Task Payment,
  • the Task Payment will remain in the Escrow Account until it is paid or for up to three months from the date the Task Poster initially paid the Task Payment into the Escrow Account.

8.PAYMENT FACILITY AND ESCROW ACCOUNT

  • Payment facility: Nextask may use a related entity or a third party service provider to provide payment services and act as a payment facilitator and escrow agent on behalf of the Task Poster and Nextask Worker.
  • Escrow privacy: By purchasing or selling goods or services using the Nextask Services you agree to be bound by the Escrow Provider's applicable privacy policy and hereby consent to and authorise Nextask and the Escrow Provider to share any information and payments instructions you provide with one another and, to the extent required to complete your transaction, with any other third party service provider.
  • Escrow terms: By registering and creating an account with Nextask, you agree to be bound by the Escrow Provider's applicable terms and conditions.

9.THIRD PARTY SERVICES

  • Third party services: Nextask may from time to time include on the Nextask Platform promotions for and links to services offered by third parties (Third Party Services). These Third Party Services are not provided by Nextask. Third Party Services are offered to you pursuant to terms and conditions of that third party.
  • Engagement: If you engage with any Third Party Service provider, your agreement will be directly between you and that Third Party Service provider.
  • No representation or warranty: Nextask makes no representation or warranty in relation to any Third Party Services.
  • Disclaimer: To the extent permitted by law, Nextask specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of Third Party Services.

10.USER'S OBLIGATIONS

  • Responsibility: Each User will be responsible for all activity that occurs through its use of the Nextask Platform. Nextask shall not be liable for any content, representations, statements, services, products or other information or data posted to the Nextask Platform by any User.
    1. User (Poster and Tasker) should never disclose personal details such as the full name, full address, phone number, business logo, website, or email address in a Posted Task, comments, Offer, profile picture or in any other public communication on the Nextask Platform.
    2. Taskers are responsible for obtaining liability insurance policy with coverage amounts that are sufficient enough to cover all risks associated with the performance of their services.
    3. Task Poster must ensure that Nextask Tasker has relevant skills, experience, tools and insurance for completing a task. Nextask recommends Task Posters to check the following before accepting an offer:
      • Tasker’s rating and reviews from previous tasks completed on the Nextask Platform.
      • Tasker’s portfolio with their previous work.
      • Tasker’s skills and badges.
      • Tasker’s insurance to cover any damage or injury.
    4. Tasker must provide accurate details about their skills, experience, portfolio and insurance.
    5. Tasker must not charge a Poster any fees on top of the agreed task price. However, the parties to a Task Contract may agree to change the agreed task price through the Platform.
    6. Users must not request or make payments outside of the Nextask Platform for the Services.
    7. If Tasker agrees to purchase any goods (such as equipment) which are not part of task contract and agreed price, then Tasker is responsible for obtaining the funds from Poster. Taskers can request Posters to increase the Task Price in the Nextask Platform before purchasing any equipment unless the Tasker is confident the Poster will reimburse the costs promptly.
    8. Taskers must fulfill their Offers, and may not withdraw Offers on a regular basis or without genuine cause. Withdrawing Offers will affect Tasker’s rating, reputation and status in the Nextask Platform. Nextask reserves the right to disable the account if needed.
    9. Users must engage with each other and with the Nextask Platform with professionalism, respect and decency.
  • Use of the Nextask Platform on behalf of another person or entity: Any User that accesses and uses the Nextask Platform on behalf of another person or entity confirms that he, she or it is fully authorised to do so and agrees to these Terms on that person or entity's behalf.
  • Content uploaded: User content is not pre-screened prior to upload on the Nextask Platform. Nextask reserves the right to remove any content posted to the Nextask Platform that it considers (in its sole discretion) to be offensive, objectionable, in breach of these Terms, or otherwise unlawful.
  • User information: Upon registering to use the Nextask Platform’s products and/or services via the Nextask Platform, all Users agree to provide true, accurate, current and complete Client Data as prompted by the Nextask Platform, and to promptly notify Nextask of any changes to their Client Data in order to ensure that it remains true, accurate, current and complete.
  • No illegal use: No User may use the Nextask Platform for any illegal or unauthorised purpose, or post any information or data that is in breach of any confidentiality obligation, copyright, trademark or other intellectual property or proprietary rights of any person or entity.
  • No malicious use: Users must not use the Nextask Platform for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User.
  • Interference with the Nextask Platform: Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Nextask Platform.
  • Accessing the Nextask Platform: Users may only access the Nextask Platform through standard web browsers, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.
  • Users must not attempt or otherwise do the following:
    1. Post content or items in inappropriate categories or areas on our Websites and services.
    2. Infringe any laws, third party rights or our policies, such as the Code of Conduct (https://nextask.com.au/index.php?pid=cms_page&page_url=code_conduct).
    3. Fail to deliver payment for products or services delivered to you.
    4. Fail to deliver products or services purchased from you.
    5. Circumvent or manipulate our fee structure, the billing process, or fees owed to Freelancer.
    6. Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information).
    7. Download and aggregate listings from our platform for display with listings from other platforms without our express written permission.
  • Intended Use: Users must use the Nextask Platform for its intended use only. Nextask Workers must not use the Nextask Platform as a means of lead generation. You agree that you will not contact Nextask Posters by reach out to them outside of the context of the Nextask Platform. You agree that you will not accept, or offer to make, any payment to or from a Nextask Worker or a Task Poster, as the case may be, directly and that all payments must be processed by us or our nominated third party payment processor, and that all Transactions must take place through the Nextask Platform.

11.FEES

  • Payment to Nextask: The Service Fee will be deducted and paid to Nextask when the agreed price is released from the Escrow Account to the Nextask Worker or Contractor.
  • Changes: Nextask reserves the right to change the Service Fee and the terms applying to its payment. Any change relating to the Service Fee is effective 14 days after Nextask notifies you of that change by sending a message to your Nextask account.
  • Non-refundable: All fees and charges payable to Nextask are non-refundable.
  • New services: If Nextask introduces a new service on the Nextask Platform, the fees applying to that service will be payable as from the launch of the service and will also be a "Service Fee" under these Terms.

12.PRIVACY Policy

  • Application of policy: Nextask's Privacy Policy can be found here (https://nextask.com.au/index.php?pid=privacy_policy) and shall apply to all information, data or other content which is generated through each User's use of the Nextask Platform.

13.INTELLECTUAL PROPERTY

  • Owner of existing rights: We are the owner or the licensee of all intellectual property rights in the Nextask Platform, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  • Nothing in these Terms or otherwise creates an assignment of any rights in the Nextask Platform beyond the ability to use it for its intended use.
  • By accepting these Terms you undertake not to reverse engineer, replicate, or otherwise copy the Nextask Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your employees, officers, affiliates, customers, or anyone else.
  • Nothing in these Terms, and nothing arising out of your use or access to the Nextask Platform, or any Transaction initiated on the Nextask Platform, transfer or assigns any title, ownership, licence or legal right otherwise in the intellectual property of the Nextask Platform
  • License: Users grant to Nextask an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Nextask Platform for the purpose of including that material and information on the Nextask Platform and as otherwise may be required to provide the Services, for the general promotion of the Services and as permitted by these Terms.
  • Branding: No User may publish or use Nextask's trademarks, brand, branding or logos except with the Nextask's prior written consent.

14.LIMITATION OF LIABILITY

  • Limitation of liability: To the maximum extent permitted by law Nextask 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:
    1. Task Posters and Nextask Taskers or Workers;
    2. Task Posters and Contractors; and
    3. you and any Third Party Service Provider who may be included from time to time on the Nextask Platform.
  • IN NO EVENT WILL NEXTASK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Nextask Platform, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
  • We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Nextask Platform or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Nextask Platform.
  • Our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to us in the 2 months prior to the action giving rise to liability or (ii) $1.00.

15.NO WARRANTY

  • We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
    1. The operation and functionality of the Nextask Platform;
  1. The accuracy, integrity, completeness, quality, legality, usefulness, safety and intellectual property rights of any of the Nextask Platform content; and/or
  2. The products and services associated with the Nextask Platform or its content. We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.
  3. To the extent permitted by law, we do not represent or warrant that the Nextask Platform will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
  4. You must take your own precautions to ensure that the process which you employ for accessing the Nextask Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
  5. Whilst we strive to protect information transferred over the Nextask Platform, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

  1. LINKED WEBSITES AND LINKING TO THE NEXTASK PLATFORM
  • The Nextask Platform may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
  • The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.

·To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.

  • You may link to the Nextask Platform only:
  1. With our prior express permission;
  2. In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or
  3. In a way that does not suggest either express or implied any association or endorsement by us.

·You must remove or procure the removal of any link to the Nextask Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.

17.DISPUTE RESOLUTION

  • We encourage our Posters and Taskers to try and settle conflicts amongst themselves. If dispute arises then you must contact the other party first before contacting Nextask or creating dispute in Nextask platform. Users must co-operate with each other in providing correct information.
  • No obligation to assist: Nextask has no obligation to any User to assist or involve itself in any way in any dispute between a Task Poster and a Nextask Worker or Contractor. Nextask may choose to assist users with dispute resolution. We reserve the right to make the final decision based on the task details, task completion notes, communication between parties and evidence provided by users.
  • Information for proceedings: If you wish to take disputes to Tribunal (or other) proceedings against another User, you can do so at your own expense. You may only request contact details of other user for the sole purpose of making a claim. You will be liable to Nextask for any costs, losses or liabilities in relation to any claims relating to any other use of information provided to you.
  • Withholding of payment: Nextask has the right to hold any Task Payment the subject of any dispute in the Escrow Account, until the dispute has been resolved.
  1. CANCELLATIONS
    • Poster can cancel their task any time prior to accepting an offer from a Tasker and assigning the task.
    • Tasker may withdraw their offer from Nextask before it has been accepted by the Poster.
    • If a Poster intends to cancel their task after accepting an offer, they must inform the Tasker and follow the task cancellation process detailed on the Nextask Platform.
    • Nextask reserves the right to review the task details, correspondence between the Poster and Tasker, user history and any other evidence to determine if:
      1. User (Poster or Tasker) has cancelled the task contract for genuine reasons.
      2. User has a history of cancelling tasks or withdrawing offers.
      3. User has breached any rules mentioned in clause 10.
      4. Poster and Tasker are attempting to complete the task outside of the Nextask Platform.
      5. Users are requesting payments outside of the Nextask Platform.
      6. Tasker has commenced the task or completed the task.
    • Nextask may charge 10% cancellation fee or refund partial task amount based on the conditions mentioned above.
    • Nextask reserves the right to withhold the payment in Escrow account while reviewing the task details.
    • If Tasker has partially or fully completed the task then Nextask reserves the right to review evidence provided by Tasker to determine the amount of refund sent back to the Poster. The remaining amount will be released to the tasker after deducting the Service Fee and GST.
  2. REFUNDS
    • Full Refund: Nextask will refund the Task Payment back into the Task Poster's debited account if:  
      1. the Task Poster makes reasonable attempts to contact the Nextask Tasker, Worker or Contractor (as applicable) to perform the Task Contract; and
      2. Nextask is satisfied that the Task Payment should be refunded and there is no dispute between the Task Poster and the Nextask Tasker, Worker or Contractor, and both parties mutually agree to cancel the task contract; and
      3. User has cancelled the task contract for genuine reasons and they do not have a long history of cancellations and disputes.
    • Partial Refund: If the tasker has commenced the work and has provided evidence then Nextask reserves the right to refund partial amount based on the percentage of the task completed.
    • Refund After Cancellation Fee: As per clause 18.4, a cancellation fee may be charged.
    • No Refund: If the task has been completed according to the Task Contract and the Tasker has provided evidence of completion, Nextask reserves the right to transfer the agreed task amount to the Tasker.
    • Any claims under Australian Consumer Law with respect to a product or service are against the Tasker only and you agree and fully release, discharge and indemnify us from and against any liability, claim, or action against the supply or delivery of a service or product under Australian Consumer Law.
  3. TAX
    • You acknowledge that you are responsible for paying any taxes including GST. Product prices and delivery charges for Tasks must include GST where applicable. You must comply with your obligations under income tax provisions in Australia.
  4. PROMOTIONS
    • You acknowledge that we may use the public description of your Tasks and the content of your profile information on the Nextask Platform for marketing and other related purposes.

22.TERMINATION OR SUSPENSION

  • Breach of Terms: If a User does not abide by these Terms, Nextask may terminate or suspend that User's account with Nextask and refuse to provide its Services to that User for any reason and at any time.
  • Termination: Either party to these Terms may terminate a Nextask account and these Terms (so far as they relate to that User) at any time for any reason. Termination of these Terms does not affect any Task Contract that has been entered into between Users. Third Party Services are subject to Third Party Service provider terms and conditions.
  • You agree that we may:
    1. Terminate, suspend or cancel your account;
    2. Reject your application to register an account; or
    3. Remove any task or service listed on the Nextask Platform,
  • at our absolute discretion without notice to you.
  • In the event that your account is terminated, suspended or cancelled at any time;
    1. Your existing Posted Tasks will be removed;
    2. You will be unable to list further Posted Tasks or other listings on the Nextask Platform;
    3. You may be unable to access the Nextask Platform; and
    4. You must complete any Transactions processed and entered into prior to the termination, cancellation and suspension of your account.
  • Survival of termination: Clauses 11 (fees), 14 (limitation of liability) and 17 (dispute resolution) will survive any termination of these Terms, together with any other terms which by their nature should continue to apply after termination.

23.GENERAL

  • Amendments: Nextask reserves the right to amend these Terms at any time with or without notice to Users. Any User who continues to use the Nextask Platform after any amendments will be deemed to have agreed to such amendments.
  • Assignment: No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Nextask's prior written consent.  Nextask shall be entitled (in its sole discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.
  • Metadata: To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Nextask Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Nextask Platform, for purposes of search engine optimisation and to drive traffic to the Nextask Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us
  • User indemnity: Each User hereby indemnifies, and will keep indemnified, Nextask against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Nextask may incur or be subject to or suffer as a result of that User's use of the Nextask Platform.
  • No waiver: Nextask will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Nextask. A failure to exercise or delay in exercising any right by Nextask under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
  • No representations: Each party acknowledges that, in entering into these Terms, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
  • No agency: No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. In particular you have no authority to bind Nextask, its related entities or affiliates in any way whatsoever.
  • Entire agreement: These Terms constitute the entire agreement and understanding of the parties relating to the matters dealt with in these Terms and supersedes and extinguishes any previous agreement (whether oral or written) between the parties in relation to such matters.
  • Severability: If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.
  • Foreign use of the Nextask Platform: Nextask makes no warranty or representation that the Nextask Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Nextask Platform are not illegal or prohibited in their relevant country.
  • Governing law and jurisdiction: These Terms will be governed by and construed in accordance with the laws of Victoria, Australia. All Users and Nextask irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for any matter arising under or relating to these Terms.
  • Payment Processing: Payment processing services for Taskers and Posters on Nextask are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Nextask user, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Nextask enabling payment processing services through Stripe, you agree to provide Nextask accurate and complete information about you and your business, and you authorise Nextask to share it and transaction information related to your use of the payment processing services provided by Stripe.
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