Terms & Conditions

  1. Overview

You agree to the following terms and conditions with Toptasker by accessing the website at all times.

The website is a venue which is online where users sell and buy services. Sellers and buyers are therefore required to register for an account to access the services. Toptasker website allows Users to complete and pay for tasks and work together to use the services provided by the site.

  1. Eligibility

You are not allowed to use Toptasker website if:

  • you are under the age of 18 years
  • are unable to form binding contracts that are legal
  • do not have an email address that is valid or
  • you are suspended from accessing the site.

We might at our absolute discretion decline to register any identity or person as our User.

Additionally you are not required to assign or assign any obligation or rights you have under the agreement without previous written consent.

  1. Intellectual Property Rights Infringement

It is our duty retort to notices of alleged intellectual property rights infringement. The policy is formed to make submitting notices in order to use as clear as possible and reducing the notices numbers that we receive which are difficult to verify or understand. In case you believe that personal Intellectual Property Rights are violated, you are advised to notify us through our website for investigation.

  1. Inactive Accounts

Accounts that have not been logged in for a period of time will acquire maintenance fee until the accounts are reactivated or closed for bandwidth, management ,support and storage costs of providing hosting of our Users portfolio storage, profile, file storage, message transmission and administrative matters.

  1. Rights to Refuse Service

We might suspend, close or limit the access to your Account if:

  • we are aware that you have breached the Users agreement
  • in case you have infringed the legal rights
  • you do not respond to requested account verification
  • you under-bide any Project in attempt to renegotiate the actual price privately in order to avoid fees and
  • for any other reason.
  1. Access and Interference

You agree that no robots, scraper, spiders or any other automated means in order to access the Website through any means that include the avoidance of doubt to our API access or interface application programming and for any reason without our written permission.

  1. Severability

This Users agreement provision are severable and incase held to be unenforceable or invalid, such provision must be removed and remaining requirements will be enforced. Additionally, the agreement might be assigned to an associated entity at times or to a third part without the consent of Users in the event of transfer or sale of all or some of our assets.

  1. Additional Terms
  • Our prices vary from time to time and for periods which are limited we might offer additional discounts on the rates for existing or new clients.
  • Our turnaround and services times are subjected to availability of our workload and editors at a specific point in time.
  • We re-edit your work that you have changed instructions resulting from our comments and editing which is the aftercare service.
  • Toptasker cannot be responsible for any delays that result from unknown circumstances which are beyond our control.
  • Our team reserves the right to decline service to prospective or client without explanation and for any reason.

 

  1. Fees

When entering into a Task contract. The Users owe the Fees to Toptasker. The Fees for this will be deducted from the Task Payment held in the Escrow Account automatically.

  • In making an Task contract,
  • If the Posted Task requires a Toptasker Worker to acquire costs in finishing the Services, the cost caused won’t be incorporated into any count of Fees.
  • All Third Party Service suppliers are paid according to a User’s individual concurrence with that Third Party Service supplier. The expenses exclude any charges that might be because of Third Party Service suppliers
  • Toptasker may every once in a while change the Fees and the terms applying to their payment. Any change identifying with the Fees is viable twenty one (21) days after Toptasker advises You of that change by making a notification on your Toptasker account, or by informing You whenever you login to the Toptasker Website.
  • Toptasker may decide to briefly change the Fees, or the terms applying to their payment, in its sole prudence. Warning of transitory adjustments will likewise be sent to Your account.
  • All Fees and charges payable to Toptasker are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
  • If Toptasker presents another service on the Toptasker site, the Fees applying to that service will be payable as from the earliest starting point of the service introduced.
  1. Payments and Refunds
  • the Task Poster and the Toptasker Worker commonly consent to drop the Task Contract;

Or

  • (b) following sensible endeavours by a Task Poster to contact a Toptasker Worker to complete the Task Contract, the Task Contract is cancelled;

And

  • (c) Toptasker is content that the Task Payment ought to be returned to the Task Poster,

At that point Toptasker will pay the Worker Payment held in the Escrow Account to the Task Poster. Toptasker may likewise pay to the account of the Task Poster, in the interest of the Toptasker Worker, an extra sum proportional to the Fees received regarding the Task Contract.

  • Any sum paid by Toptasker in the interest of a Toptasker Worker will be an obligation owed by the Toptasker Worker to Toptasker.
  • If, for any reason, a Worker Payment can’t be exchanged or generally made to the Toptasker Worker or returned to the Job Poster (all things considered) or no claim is otherwise made for a Worker Payment, the Worker Payment will stay in the Escrow Account until paid or generally for up to three months from the date the Job Poster at first paid the Task Payment into the Escrow Account.
  • Following the 3 months referred to in statement above, and providing there is still no debate in regard of the Worker Payment, the Worker Payment will be automatically changed over to and credited to the Task Poster.
  1. Third Party Services
  • Toptasker may every now and then incorporate Third Party Services on the Toptasker. These Third Party Services are not provided by Toptasker.
  • Third Party Services are offered to Users in accordance with the outsider’s terms and conditions. Outsider Services might be advanced on Toptasker as an accommodation to our Users who may find the Third Party Services of interest.
  • If a User connects with any Third Party Service supplier, the understanding will be directly between the User and that Third Party Service supplier.
  • Toptasker makes no portrayal or guarantee with regards to the Third Party Services. Be that as it may, to enable us to keep on improving our Toptasker Site, Users may advise Toptasker of their Third Party Service involvement.
  1. Dispute Resolution Services
  • Toptasker urges You to attempt to resolve Disputes (Which includes Claims for Returns or Refunds) with different Users directly. You recognize and concur that Toptasker may, in its supreme prudence; Give Your Information as it chooses is reasonable to different parties associated with the Dispute for the purposes of resolving the conflict and mediating the dispute.
  • Toptasker may give access to a Third Party Dispute Service. In the event that such a Service is given, either party may require the other party to submit the Third Party Dispute Service if the parties involved have neglected to determine the dispute directly. Terms and Conditions for the Third Party Dispute Service are situated at https://assemblypayments.com. Toptasker affirms that Third Party Dispute Service is a Third Party Service and subject to additional terms set out for Third Party Services. The Users (both employer and worker) are in charge of paying any costs related with the Third Party Dispute Service as per the Third Party Dispute Service Terms and Conditions.
  • Disputes with any Third Party Service provider must continue compliant with any Dispute Resolution process set out in the Terms of Service of the Third Party Service Provider.
  • Toptasker has the authority to hold any Task Payment the subject of a Dispute in the Escrow Account, until the Dispute has been rectified or resolved.
  • If You have a complaint about the Toptasker Service please reach us here at [email protected]
  • If Toptasker gives Information of other Toptasker Users to You for the purposes of settling Disputes under this clause, You recognize and concur that such data will be utilized just with the end goal of settling the Dispute (and no other reason) and that you will reimburse Toptasker against any cases identifying with some other utilization of data not allowed by this Agreement.
  1. General
  • This Agreement is administered by the laws of the state of Victoria, Australia. You and Toptasker agree to the exclusive jurisdiction of the courts of Victoria, Australia.
  • The arrangements of this Agreement are severable, and if any arrangement of this Agreement is held to be invalid or unenforceable, such arrangement might be evacuated and the rest of the arrangements will be enforceable.
  • This Agreement might be relegated or novated by Toptasker to an outsider without your consent. In case of a task or novation User will stay bound by this Agreement.
  • This Agreement sets out the entire understanding and agreement amongst User and Toptasker concerning its topic.
  1. Business Affiliates
  • 1 Toptasker may go into agreements with Business Partners and may look to draw in Toptasker Workers in the arrangement of Business Services. Toptasker Workers who consent to perform Business Services for Business Partners recognize and concur that Toptasker and the Business Partner may on-offer Services provided to outsiders for an expanded expense.
  • 2 Business Partners may require Toptasker Workers giving Business Services to be endorsed or hold specific capabilities. Toptasker may help Business Partners to find appropriately qualified Toptasker Workers. Toptasker makes no guarantee that it will advance any or all reasonably qualified Toptasker Workers to Business Partners.
  • 3 Business Partners may require Toptasker Workers to go into a Business Partner Contract before giving Business Services.
  • 4 Where a Toptasker Worker acknowledges a Posted Task with a Business Partner:

(a) the Toptasker Worker must give Business Services to the Business Partner as per the Task Contract and any relevant Business Partner Contract; and

(b) the terms of the Business Partner Contract will win to the degree of any irregularity.

  1. Payment Facility
  • Toptasker may use an Escrow Provider to operate the Escrow Account.

 

Appendix A:

Task Contract

The terms used in this Task Contract have the aim and intention to set out in the Toptasker Glossary. A Task Contract is created in accordance with the Toptasker Agreement. The Task Poster and the Toptasker Worker enter into this Task Contract on the following terms:

  1. Commencement Date and Term
  • This Task Contract is made when the Job Poster acknowledges the Toptasker Worker’s Bid on a Posted Task to give Services.
  1. Services
  • 1 The Toptasker Worker will perform Services in a legitimate and workmanlike way.
  • 2 The Toptasker Worker must play out the Services at the time and area agreed.
  1. Warranties
  • 1 Each party warrants that the information given in the production of this Task Contract is valid and precise.
  • 2 The Toptasker Worker warrants that he/she has the privilege to work and give Services and hold significant licenses in Australia to do so.
  • 3 The parties consolidate the Consumer Guarantees into this Task Contract, regardless of the possibility that they are not effectively joined by law.
  1. Payment or Cancellation
  • 1 Upon the formation of this Task Contract, the Task Poster must pay the Task Payment into the Escrow Account.
  • 2 Upon the Services being finished and complete, the Toptasker Worker will give notice on the Toptasker Website.
  • 3 The Task Poster will be prompted to confirm the Services are finished and complete. In the event that the Toptasker has finished the Services as per proviso 2, the Job Poster must utilize the Toptasker Platform to release the Worker Payment from the Escrow Account.
  • 4 If the parties consent to cancel this Task Contract, or the Job Poster can’t contact the Toptasker Worker to complete the Task Contract, the Worker Payment will be managed as per the User Agreement.
  1. Limitation of Liability
  • 1 Except for liability in connection to a breach of a Non-excludable Condition, the parties avoid all Consequential Loss emerging out of or in association with the Services, and any cases by any third individual, or this Task Contract, regardless of the possibility that the party causing the break knew the loss was conceivable or the loss was generally predictable.
  • 2 The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Task Payment.
  1. Disputes
  • 1 If a question emerging between the parties, the parties will endeavour to determine the debate inside 21 days by casual arrangement (by telephone, email or something similar).
  • 2 If the parties can’t resolve the question as per proviso 6.1, both parties, hand authority of the dispute to the Third Party Dispute Service and act as per the Third Party Dispute Service’s terms and conditions.
  1. Termination of Contract

This Task Contract will terminate when:

  • The Task Payment is released from the Escrow Account and the Task has been completed according to the agreement;
  • (b)The Toptasker platform has suspended or terminated the account of either party at the selection of the other party
  • when otherwise agreed by the parties or the Third Party Dispute Service; or
  • Notified by Toptasker in accordance with the party’s Toptasker Agreement.
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