FAASTAA (AU) PTY LTD (ACN 670 328 453)

Terms and Conditions

These are the terms and conditions for Your doing business with Us (“Terms & Conditions”).

The Terms & Conditions set out Your and Our respective rights, obligations and responsibilities in regard to using the Fastaa Tasker digital online platform (the “Platform”).

The Terms & Conditions, together with our Policies including the Privacy Policy comprise the entire agreement between You and Us (“Agreement”).

The Platform: www.Faastaa.com

Faastaa operates the Platform in order to allow Users seeking Services to connect with other Users who offer to provide Services.

The Terms & Conditions include the process and timing required to finalise completion of Services.

Each term used in this Agreement commencing with a capital letter has the meaning given to it in the Dictionary at the end of the Terms & Conditions.

1. SCOPE OF THE SERVICES

1.1 Faastaa provides the Platform in order to enable Posters to advertise Posted Tasks.

1.2 Taskers may make an Offer in response to a Posted Task. Some parts of the Offer details may be made publicly available, including to Platform visitors who are not Users.

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

1.4 If a Poster accepts an Offer on the Platform, the Posted Task is assigned to that particular Tasker. At this point, a Task Contract is created between the Tasker and the Poster.

1.5 Upon creation of a Task Contract, the Poster must pay the Agreed Price for the Posted Task into the Payment Account.

1.6 Upon creation of the Task Contract, Faastaa is deemed to have rendered Faastaa Services such that the Connection Fee becomes due and payable.

1.7 Once the Task Contract is created, the Tasker and Poster may utilise the Platform to vary it. The Poster and Tasker are strongly encouraged to use Faastaa's private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.

1.8 When provision of the Services is complete the Poster will be notified and within 10 days must respond by either releasing payment or denying that the Task has been completed. Should a response not be received from the Poster within the 10-day period, the Services will automatically be deemed to have been satisfactorily completed and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the Tasker.

1.9 Following confirmation by both Tasker and Poster that the Posted Task has been completed, or if Faastaa is otherwise satisfied the Services have been completed, then subject to any objections (for example, a dispute or a party’s failure to complete required verification processes), the Tasker Service Fee becomes payable. Tasker Funds will be released by Faastaa from the Payment Account to the Tasker.

1.10 After the Task Contract is completed, the parties are encouraged to review and provide feedback about the Services on the Platform.

1.11 A Tasker may revoke or modify its Tasker Listing at any time before a Poster accepts a Tasker's offer.

2. FAASTAA'S RIGHTS AND OBLIGATIONS

2.1 Faastaa agrees to provide the Faastaa Service in consideration for being paid the Connection Fee and the Tasker Service Fee.

2.2 Faastaa only permits individuals over 18 years of age to become Users.

2.3 Each User must be a natural person, but can specify in their account description whether they represent a business entity.

2.4 In its absolute discretion, Faastaa may refuse to allow any person to become a User or cancel, suspend or modify any existing account if Faastaa reasonably forms the opinion that a User's conduct (including that a User has breached this Agreement) is detrimental to the operation of the Platform.

2.5 No charges apply in respect of the following actions on the Platform:

registering and creating an account;
creating a Posted Task; or
Users accessing and reviewing content on the Platform, including Posted Tasks.

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

2.7 Faastaa is not responsible for, and does not warrant the truth or accuracy of any aspect of information provided by Users, including, but not limited to, the ability of Taskers to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or a Poster's ability to pay for Services requested.

2.8 The Faastaa Service is provided on an "as is, where-is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, Faastaa specifically disclaims any implied warranties as to title, merchantability, fitness for purpose or non-infringement.

2.9 Faastaa has no obligation to any User to assist or involve itself in any dispute between Users, although Faastaa may in its sole discretion do so in order to improve User experience.

2.10 Each User acknowledges and agrees that:

a. Faastaa does not undertake an investigation in relation to any Tasker or third party service provider before they become a User, including criminal checks, verification of qualification or licence held, or any character or other checks of the suitability of a Tasker or third party service provider to perform any task which they may claim to be able to provide on the platform;
b. The User is solely responsible for conducting any appropriate background checks and obtaining references, licences, certifications, or proof of insurance prior to engaging a Tasker to perform services;
c. The User is solely responsible for making its own evaluations, decisions and assessments about choosing a Tasker; and
d. The User assumes all risks and agrees to expressly release, indemnify and hold Faastaa harmless from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Services.

3. USER OBLIGATIONS

3.1 The User will at all times:

comply with this Agreement (including all Policies) and all applicable laws and regulations;
only post accurate information on the Platform; and
ensure that it is aware of any laws that apply as a Poster or Tasker, or in relation to the User’s use of the Platform.

3.2 The User agrees that any content (whether provided by Faastaa, a User or a third party) on the Platform may not be used on third-party websites or for other business purposes without Faastaa's prior written consent.

3.3 The User must not use the Platform for any illegal, improper, or immoral purpose.

3.4 The User must maintain control of its Faastaa account at all times. This includes not allowing others to use the account, or by transferring or selling the account or any of its content to another person.

3.5 The User grants Faastaa an unrestricted, worldwide, royalty-free licence to use, reproduce, modify, and adapt any content or information posted on the Platform for the purpose of publishing material on the Platform and as otherwise may be required to provide the Faastaa Service, for the general promotion of the Faastaa Service, and as permitted by this Agreement.

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

3.7 Without limiting any provision of this Agreement, any information the User supplies to Faastaa or publishes in an Offer or Posted Task (including as part of an Offer) must be up to date and not:

be false, inaccurate, or misleading or deceptive;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or intellectual property rights, rights of publicity, confidentiality, or privacy;
violate any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination, and trade practices/fair trading laws);
be defamatory, libelous, threatening, or harassing;
be obscene or contain any material that, in Faastaa's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to, obscene, inappropriate, or unlawful images; or
contain any malicious code, data, or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform, including, but not limited to, viruses, trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority, or expropriate any system, data, or Personal Information.

3.8 The Platform may from time to time engage location-based or map-based functionality. Accordingly, the Platform may display the location of Posters and Taskers to persons browsing the Platform. A User should never disclose personal details such as the Poster's full name, street number, phone number, or email address in a Posted Task or in any other public communication on the Platform.

3.9 A Tasker

must have the right, licence, or all other necessary skills (as applicable) to provide the relevant Services contracted under a Task Contract and the right to work in the State or Territory where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Tasker Funds and account verification) received under a Task Contract;
must not, when supplying Services, charge a Poster any fees on top of the Tasker Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Platform; and
must not request payments outside the Platform from the Poster for the Services except to the extent permitted by clause 3.10 and only if the Platform does not facilitate the reimbursement via the Payment Account of costs described in clause 3.10.

3.10 If a Tasker agrees to pay some costs of completing the Services (such as for equipment to complete the Service), the Tasker is solely responsible for obtaining any reimbursement from the Poster. Correspondence in respect of agreeing to these additional costs should be carried out on the Platform. Faastaa recommends Taskers not agree to incur costs in advance of receiving payment for these costs, unless the Tasker is confident the Poster will reimburse the costs promptly.

3.3 For the proper operation of the Platform (including insurance, proper pricing and compliance with Policies), the Tasker must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, the third party must also be a registered User of the Platform.

3.14 If Faastaa determines at its sole discretion that a User has breached any obligation under this clause 3 or that a User has breached one or more Task Contracts, it reserves the right to remove any content, Posted Task or Offer the User has submitted to the Faastaa Service or cancel or suspend the User’s account and/or any Task Contracts.

4. FEES

4.1 A Connection Fee is payable to Faastaa in respect of bookings made on the Platform. When a Customer accepts a Tasker's offer, the Task is assigned to that Tasker and a Task Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the Connection Fee as consideration for the Poster's use of the Faastaa Services.

4.2 Separate to the Connection Fee charged to the Poster, a Tasker is charged a Tasker Service Fee as consideration for the Tasker's use of the Faastaa Services.

4.3 At the time the Customer releases the Task Payment to the Tasker, the Tasker Service Fee (will be deducted from the Task Payment) and the Connection Fee (separately paid by the Customer) will be retained by Faastaa.

4.4 The Connection Fee and the Tasker Service Fee are GST inclusive.

4.5 Subject to clause 5, all Fees payable to Faastaa are non-cancellable and non-refundable for any reason.

4.6 If Faastaa introduces a new service onto the Platform, the Fees applicable to that service will be payable from the date of launch of the service.

4.7 Faastaa reserves the right to vary the amount of any Fees (including the Connection Fee and Tasker Service Fee) from time to time and any such changes will be updated on Faastaa’s website.

5. PAYMENTS, REFUNDS AND CANCELLATIONS

5.1 If a Task Contract is cancelled for any reason (by a Poster, a Tasker or under this Agreement) prior to the commencement of the Task Contract, then if Faastaa is reasonably satisfied that the Agreed Price (and if applicable, the Connection Fee) should be repaid to the Poster then those amounts (as applicable) will be refunded to the Poster as Faastaa Credits and a Cancellation Fee will be due to Faastaa by the User to whom the cancellation of the Task Contract is attributable under clause 5.7 or 5.8.

5.2 If the Poster is responsible for cancellation of the Task Contract (see clause 5.8), the Connection Fee will be retained by Faastaa.

5.3 If the Tasker is responsible for cancellation of the Task Contract (see clause 5.7), Faastaa will deduct the Cancellation Fee from the Tasker's next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid).

5.4 Cancellation Fees deducted from Tasker payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).

5.5 Upon request by the relevant Customer submitted to the Faastaa support desk, Faastaa may refund the Agreed Price (and Connection Fee, as applicable) to the Poster's original payment method.

5.6 Any amount returned by Faastaa to a Poster on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to Faastaa and may be offset by Faastaa against any other payments owed at any time to the Tasker.

5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to Faastaa and may also be offset by Faastaa against any other payments owed at any time to the User.

5.8 Cancellation of a Task Contract will be attributable to the Tasker where:

a. the Poster and the Tasker mutually agree to cancel the Task Contract; or
b. following reasonable but unsuccessful attempts by a Poster to contact a Tasker to perform the Task Contract, the Task Contract is cancelled by the Poster; or
c. the Tasker cancels the Task Contract; or
d. a Task Contract is cancelled in accordance with clause 3.14 as a result of the Tasker's actions or breach.

5.9 A Cancellation of a Task Contract will be attributable to a Poster where:

a. the Poster cancels the Task Contract (other than in accordance with clause 5.8.b); or
b. Task Contract is cancelled in accordance with clause 3.14 as a result of the Poster's actions or breach;
c. a Task has been automatically cancelled in accordance with clause 4.5 of the Appendix (Model Task Contract Terms).

5.10 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.11 Faastaa may take up to 5-7 Business Days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Poster as Faastaa Credits or to process (following a request from a Poster) a refund to the Poster's original payment method.

5.12 If, for any reason, the Tasker Funds cannot be transferred or otherwise paid to the Tasker or returned to the Poster (as the case may be) or no claim is otherwise made for the Tasker Funds, the Tasker Funds will remain in the Payment Account until paid or otherwise for up to 90 days from the date the Poster initially paid the Agreed Price into the Payment Account.

5.13 Following the 90 days referred to in clause 5.12, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be credited to the Poster as Faastaa Credits.

5.14 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 14. However, the Cancellation Fee will always be due in accordance with clause 5.1.

5.15 Faastaa may suspend a User Account in its sole discretion for repeated Cancellations.

6. PAYMENT FACILITY

6.1 Faastaa uses a Payment Provider to operate the Payment Account.

6.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.

6.3 If Faastaa changes its Payment Provider a User may be asked to agree to any further additional terms with those providers. If the User declines to do so it may be given alternative means of payment.

7. VERIFICATION & BADGES

7.1 Faastaa may use Identity Verification Services.

7.2 Each User agrees that Faastaa Identity Verification Services may not be fully accurate as all Faastaa Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.

7.3 Each User is solely responsible for identity verification and Faastaa accepts no responsibility for any use that is made of an Faastaa Identity Verification Service.

7.4 Faastaa Identity Verification Services may be modified at any time.

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

7.6 Faastaa may make Badges available to Taskers. The available Badge can be requested by the Tasker via the Platform and arranged on behalf of the Tasker and issued by Faastaa, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Tasker and determined by Faastaa or a third-party verifier which shall be governed by its terms.

7.7 Each User acknowledges that a Badge is a point in time check and may not be accurate at the time it is displayed. Each User acknowledges that to the extent it relied on a Badge in entering into a Task Contract, it did so aware of this limitation. A User should seek to verify any Badge with the relevant Tasker prior to commencing the task.

7.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Faastaa immediately if a Badge is no longer valid.

7.9 Faastaa may, at its discretion, issue Badges to Taskers for a fee.

7.10 The issue of a Badge to a Tasker remains under the control of Faastaa and the display and use of a Badge is licensed to the Tasker for use on the Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside the Platform.

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

8. INSURANCE

8.1 Faastaa may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Faastaa website when they are available. Faastaa confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.

8.2 Faastaa does not represent that any insurance it acquires or which is offered via the Platform is adequate or appropriate for any particular User.

8.3 Each User must make its own enquiries about whether any further insurance is required and Taskers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Platform.

8.4 Faastaa may also take out other insurance itself and that insurance may at Faastaa's option extend some types of cover to Users. Faastaa reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies is available on the Faastaa website; the policy details can be requested from Faastaa. Users are responsible for familiarising themselves with these details.

8.5 Each User acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Faastaa (if any) responds to that claim then this clause applies. If a claim is made against a Tasker, Faastaa may (provided that the Tasker consents) elect to make a claim under any applicable policy and if the claim is successful, Faastaa reserves its right to recover any excess or deductible payable in respect of the claim from the Tasker. Where Faastaa makes a claim and the insurer assesses that the Tasker is responsible, Faastaa is entitled to rely on that assessment. If a user does not pay any excess due under this clause, Faastaa may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to the User.

8.6 Each User acknowledges and agrees that in the event a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Faastaa (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Faastaa may elect to reject or pay an amount to settle a claim not covered by Faastaa's own insurance policies. To the extent that the Tasker was or would be liable for the amount of the claim, if Faastaa elects to pay an amount to settle the claim the amount paid by Faastaa may be recovered by Faastaa from the Tasker. Faastaa may also elect to set this amount off against future moneys it may owe to the Tasker.

9. LIMITATION OF LIABILITY

9.1 To the extent permitted by law, Faastaa 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 services supplied), arising out of or in any way connected with any transaction between Posters and Taskers.

9.2 To the extent permitted by law, Faastaa 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 a User and any Third Party Service provider who may be included from time to time onto the Platform.

9.3 To the extent permitted by law, Faastaa is not liable for any Consequential Loss arising out of or in any way connected with the Faastaa Services.

9.4 Faastaa's liability to any User of the Faastaa Service is limited to the total amount of payment made by that User to Faastaa during the twelve month period prior to any incident causing liability for Faastaa, or $50, whichever is greater.

9.5 Faastaa's liability to a User for a breach of this Agreement is limited, at Faastaa’s option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

9.6 If a task is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the Poster or the Tasker, a credit will be applied to the Poster's account for the Agreed Price as a Faastaa Credit, which may be used for another task. To the extent the credit has not been used after 18 months, it may be cancelled by Faastaa with immediate effect.

10. PRIVACY

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

10.2 Faastaa will endeavour to permit each User to transact anonymously on the Platform. However, in order to ensure Faastaa can minimize the risk of fraud and other misbehaviours in breach of the law and this Agreement, Faastaa reserves the right to ask Users to verify themselves in order to remain a User.

11. MODIFICATIONS TO THE AGREEMENT

11.1 Faastaa may modify this Agreement or the Policies (and update the Faastaa pages on which they are displayed) from time to time. Where Faastaa make material modifications, it will send notification of such modifications to the User’s Faastaa account or advise the User when the User next logs in.

11.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.

11.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Faastaa who will terminate Your Faastaa account, and immediately stop using the Faastaa Service.

12. NO AGENCY

12.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Faastaa, its related entities or affiliates in any way whatsoever. Faastaa confirms that all Third-Party Services that may be promoted on the Fastaa Tasker Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Faastaa specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non¬performance of such Third-Party Service.

13. NOTICES

13.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Faastaa's contact address as displayed on the Platform, or to Faastaa Users' contact address as provided at registration. Any notice shall be deemed given:

if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, or
if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Platform account.

13.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

14. MEDIATION AND DISPUTE RESOLUTION

14.1 Faastaa encourages You to try and cooperate with the other User to make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Faastaa may, in its absolute discretion, share Your information with other parties involved in the dispute.

14.2 Faastaa may elect to assist Users resolve disputes. Any User may refer a dispute to Faastaa. You must co-operate with any investigation undertaken by Faastaa. Faastaa reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. A User may raise a dispute with another User or Faastaa's determination in an applicable court or tribunal.

14.3 Faastaa has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.

14.4 Faastaa may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

14.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

14.6 If You have a complaint about the Faastaa Service You should contact Faasta via its website.

14.7 If Faastaa provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Faastaa for any costs, losses or liabilities incurred by Faastaa in relation to any claims relating to any other use of information not permitted by this Agreement.

15. TERMINATION

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

15.2 Termination of this Agreement does not affect any Task Contract that has been formed between Faastaa Users.

15.3 Sections 4 (Fees), 9 (Limitation of Liability) and 14 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

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

16. GENERAL

16.1 This Agreement is governed by the laws of New South Wales, Australia. The User and Faastaa submit to the exclusive jurisdiction of the courts of New South Wales.

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

16.3 This Agreement may be assigned or novated by Faastaa to a third party without the User’s consent. In the event of an assignment or novation the User will remain bound by this Agreement.

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

17. DICTIONARY

a. Definitions

1.1 ACL means the Australian Consumer Law.

Agreed Price means the agreed price for Services (including any variation) paid into the Payment Account made by the Poster but does not include any Service Fees or other costs incurred by the Tasker when completing Services which the Poster agrees to reimburse.

Agreement means the most up to date version of the agreement between Faastaa and a User.

Badge means a Faastaa Badge and Verification Icon.

Business Day means a day on which banks are open for general business in the State or Territory where Users have their Platform account, other than a Saturday, Sunday or public holiday.

Business Partner Contract means a contract between a Business Partner and a Tasker to perform Business Services.

Business Partner means the business or individual that enters into an agreement with Faastaa to obtain Business Services.

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

Cancellation Fee means:

the Connection Fee paid by the Poster if the Poster is responsible for the cancellation; or
an amount equal to the Connection Fee for the applicable Task Contract, payable by the Tasker if the Tasker is responsible for the cancellation.

Connection Fee means the fee payable by the Poster to Faastaa as consideration for the Faastaa Services (separate to the Agreed Price) which is displayed to a Poster prior to entering into a Task Contract.

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

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

opportunity or goodwill;
profits, anticipated savings or business;
data; or
the value of any equipment, and any costs or expenses incurred in connection with the foregoing.

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

Customer means a User that uses the Fastaa Tasker Platform to search for particular Services.

Faastaa, we, us or our means Faastaa (AU) Pty Ltd (ACN 670 328 453);

Faastaa Badge means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Faastaa.

Faastaa Credit means the physical or virtual card, coupon, voucher, code, discount or refund provided as an account credit (which includes payment returns of the Agreed Price (in the context of a cancellation of a Task Contract)) or anything else identified or described as 'Faastaa Credit' in this Agreement, for use on the Platform.

Fastaa Tasker Platform or Platform means the Faastaa website at https://www.faastaa.com, Faastaa smartphone app, and any other affiliated platform that may be introduced from time to time.

Faastaa Service means the service of providing the Platform, which for the avoidance of doubt, includes any features available on the Platform for Users, such as the payment processing functionality.

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

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

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

Payment Account means the account operated by the Payment Provider.

Payment Provider means an entity appointed by Faastaa that manages and operates the Payment Account including accepting payments from and making payments to Users.

Personal Information has the meaning given in the Privacy Act 1988 (Cth);

Platform means the Faastaa Tasker Platform

Policies means the policies posted by Faastaa on the Platform, including but not limited to the Privacy Policy and community or other guidelines.

Poster means a User that uses the Fastaa Platform to search for particular Services.

Posted Task means the Poster's request for Services published on the Platform (including via a search assist functionality), and includes the deadline for completion, price and description of the Services to be provided.

Privacy Policy means Faastaa’s policy for collecting, storing and managing the personal information of Users of the Platform.

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

Service Fee means the Connection Fee and the Tasker Service Fee.

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

Task Contract means the separate contract which is formed between a Poster and a Tasker for the provision of Services (in the absence of, or in addition to, any terms specifically agreed).

Tasker means a User who provides Services to Posters.

Tasker Funds means the Agreed Price less the Tasker Service Fee.

Tasker Listing means a page published by a Tasker, containing details (including prices) of a service they are willing to provide to Posters.

Tasker Service Fee means the fee payable by the Tasker to Faastaa as consideration for the Faastaa Services (and comprising part of the Agreed Price) displayed to a Tasker prior to entering into each Task Contract.

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

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

User or You means the person who has signed up to use the Platform, whether as the Customer, Poster, Tasker, or otherwise.

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

b. Rules of Interpretation:

In this Agreement including all Policies, except where the context otherwise requires,

the singular includes the plural and vice versa, and a gender includes other genders;
another grammatical form of a defined word or expression has a corresponding meaning;
a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
the applicable currency shall be the currency specified in Your Country Specific Terms;
a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
headings are for ease of reference only and do not affect interpretation;
any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
a rule of construction does not apply to the disadvantage of a party because the party was responsible for the breach; and
a reference to "A$", "AUD", "$A", "dollar" or "$" is a reference to Australian currency.

APPENDIX:

MODEL TASK CONTRACT

The terms used in this Task Contract have the meaning set out in the Faastaa Dictionary. A Task Contract is created in accordance with the Faastaa Agreement. Unless otherwise agreed, the Poster and the Tasker enter into a Task Contract on the following terms:

1 Commencement Date and Term

1.1 The Task Contract is created when the Poster accepts the Tasker's Offer on a Posted Task to provide Services.

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

2 Services

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

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

2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.

2.4 The parties acknowledge that the Task Contract is one of personal service where the Poster selected the Tasker to perform the Services. Therefore, the Tasker must not subcontract any part of the Services to any third party without the Poster's consent.

2.5 The Tasker always remains responsible and liable to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Tasker.

3 Warranties

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

3.2 The Tasker warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.

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

4 Payment and cancellation

4.1 Upon the creation of the Task Contract, the Poster must pay the Agreed Price into the Payment Account.

4.2 Upon the Services being completed, the Tasker will provide notice on the Fastaa Tasker Platform.

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

4.4 If the parties agree to cancel the Task Contract, or the Poster is unable to contact the Tasker to perform the Task Contract, the Tasker Funds will be dealt with in accordance with the User's Faastaa Agreement.

4.5 In the event that a Task:

has been assigned for 30 days; and
is inactive for 7 days beyond the due date for that Task (i.e. inactive means where there has been no communication between the parties through the Fastaa Tasker Platform or the Task has not been subject to any reschedule request),

the Task will be automatically cancelled, and the Task Payment will be returned to the Customer, and the Connection Fee will be retained by Faastaa.

5 Limitation of liability

5.1 The parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 Disputes

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Faastaa and act in accordance with clause 14 of the Faastaa Agreement.

7 Termination of contract

The Task Contract will terminate when:

the Services are completed and the Agreed Price is released from the Payment Account;
a party is terminated or suspended from the Fastaa Tasker Platform, at the election of the other party;
otherwise agreed by the parties or the Third Party Dispute Service; or
notified by Faastaa in accordance with the party's Faastaa Agreement.

8 Application of policies

The parties incorporate by reference the applicable Policies.

9 Governing law

The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the Fastaa Tasker Platform.