WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the RaiseWell website raisewell.com.au (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Raisewell Pty Ltd ABN 89 646 506 158 (RaiseWell, we or us). 

The remainder of this agreement is divided into three parts:

● Part A (All Users), which sets out terms that apply to all Users;

● Part B (Service Providers), which sets out additional terms that apply to Service Providers, being tutors and other educators or persons offering Services via the Platform; and

● Part C (Clients), which sets out additional terms that apply to Clients, being parents and individuals who request Services through the Platform.

If you intend to use the Platform as a Service Provider, only Parts A and B of these terms will apply to you.

If you intend to use the Platform as a Client, only Parts A and C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the services available through our website and any associated services we offer.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

Part A

All Users

 

1 ELIGIBILITY

(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

  (i) over the age of 18 years and accessing the Platform for personal use; or

  (ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.

(c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2 ACCOUNTS

(a) In order to use most of the functionality of the Platform, Users may be required to sign-up, register and receive an account through the Platform (an Account).

(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by RaiseWell from time to time.

(c) You warrant that any information you give to RaiseWell in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User. 

(e) Once you complete the Account registration process, RaiseWell may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(f) RaiseWell reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) RaiseWell may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3 USER OBLIGATIONS

As a User, you agree:

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify RaiseWell of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:

(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by RaiseWell;

(d) not to act in any way that may harm the reputation of RaiseWell or associated or interested parties or do anything at all contrary to the interests of RaiseWell or the Platform;

(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of RaiseWell;

(f) that RaiseWell may change any features of the Platform or Services offered through the Platform at any time without notice to you;

(g) that information given to you through the Platform, by RaiseWell or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(h) that RaiseWell may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4 POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

(b) the Posted Material is accurate and true at the time it is provided;

(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

(h) the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

(a) You grant to RaiseWell a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for RaiseWell to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release RaiseWell from any and all claims that you could assert against RaiseWell by virtue of any such moral rights.

(c) You indemnify RaiseWell against all damages, losses, costs and expenses incurred by RaiseWell arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

(a) RaiseWell acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, RaiseWell may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

5 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

RaiseWell will have no liability or obligation to you if:

(a) a Client or Service Provider cancels at any time after the time for performance of the Service Provider Profile is agreed; or

(b) for whatever reason, including technical faults, the services in a Service Provider Profile cannot be performed or completed,

and you will not be entitled to any compensation from RaiseWell.

6 IDENTITY VERIFICATION

(a) (Verification) We may offer or require Users to verify their details (including name, address, contact number and email, photo identification and bank details) using our processes or an external identity verification service as applicable (Verification Service). 

(b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:

  (i) we may contact and share your personal information with a Verification Service  to verify your details;

  (ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.

(c) (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform. 

(d) (Warranty and Indemnity) You acknowledge and agree that:

  (i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;

  (ii) you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and

  (iii) we do not endorse any User, Service Provider Profile or Verification Service.

7 ONLINE PAYMENT PARTNER

(a) We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.

(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.

(c) You agree to release RaiseWell and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

8 SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that RaiseWell cannot and does not represent, warrant or guarantee that:

(a) the Platform will be free from errors or defects;

(b) the Platform will be accessible at all times;

(c) messages sent through the Platform will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Platform will be secure or confidential; or

(e) any information provided through the Platform is accurate or true.

9 INTELLECTUAL PROPERTY

(a) RaiseWell retains ownership of the Platform and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10 THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). RaiseWell accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11 THIRD PARTY TERMS

(a) Any service that requires RaiseWell to acquire goods and services supplied by a third party on behalf of the Client (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing RaiseWell to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

12 DISPUTES BETWEEN USERS

(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to RaiseWell via support@raisewell.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.

(d) RaiseWell has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(e) RaiseWell reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

(f) If you have a dispute with RaiseWell, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

(g) Notwithstanding any other provision of this clause 12, you or RaiseWell may at any time cancel your Account or discontinue your use of the Platform.

13 SECURITY

RaiseWell does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14 DISCLAIMER

(a) (Introduction service) RaiseWell is a medium that facilitates the introduction of Clients and Service Providers for the purposes of making arrangements to fulfil service offerings. RaiseWell simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Clients and Service Providers in relation to such services or otherwise resulting from the introduction.

(b) (Limitation of liability) To the maximum extent permitted by applicable law, RaiseWell excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any Lessons provided by any Service Provider. This includes the transmission of any computer virus and any injury sustained during a Lesson irrespective of whether that injury is serious or permanent (or both, as the case may be).

(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

(d) (Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, RaiseWell's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

  (i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and

  (ii) in the case of Lessons, the supply of the Lessons again, or the payment of the cost of having them supplied again.

(e) (Indemnity) You agree to indemnify RaiseWell and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

  (i) breach of any term of this agreement;

  (ii) use of the Platform; or

  (iii) your provision or receipt of Services from another User.

(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will RaiseWell be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15 CONFIDENTIALITY

You agree that:

(a) no information owned by RaiseWell, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b) all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16 PRIVACY

16.1 Privacy Policy

You agree to be bound by the clauses outlined in RaiseWell’s Privacy Policy, which can be accessed here https://booking.raisewell.com.au/customerPortal/portal.username/4399/view-privacy-policy.

16.2 Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

17 NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a) this agreement is are between you and RaiseWell and not with Apple. Apple is not responsible for the Services or any content available on the Services;

(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;

(c) in the event of any failure of RaiseWell to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be RaiseWell’s responsibility;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:

  (i) product liability claims;

  (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and

  (iii) claims arising under consumer protection, privacy, or similar legislation;

(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f) that you represent and warrant that:

  (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and

  (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

(g) you must comply with applicable third party terms of this agreement when using the Services; and

(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

18 TERMINATION

(a) RaiseWell reserves the right to terminate a User’s access to any or all of the Platform (including any listings or Accounts) at any time without notice, for any reason.

(b) In the event that a User’s Account is terminated:

  (i) the User’s access to all posting tools on the Platform will be revoked;

 (ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Service Provider Profiles or requests); and

  (iii) the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all Service Provider Profiles previously posted by the respective User will also be removed from the Platform.

(c) Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, RaiseWell will effect such termination within a reasonable time after receiving written notice from the User.

(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19 RECORD / AUDIT

To the extent permitted by law, RaiseWell reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving RaiseWell.

20 NOTICES

(a) A notice or other communication to a party under this agreement must be:

  (i) in writing and in English; and

  (ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

  (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

  (ii) when replied to by the other party,

whichever is earlier.

21 GENERAL

21.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

21.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

21.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

 

Part B

Service Providers

 

1 ELIGIBILITY AND QUALIFICATIONS

(a) You must verify that any Client is over 18 years old or has their parent or guardian’s consent to use the Platform or access the services you provide.

(b) If on your Service Provider Profile or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to RaiseWell that you do hold such Qualifications and if requested, will promptly provide RaiseWell with evidence of the Qualifications.

(c) You must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. RaiseWell is under no obligation to confirm the status of your eligibility to work with people under 18 years old, but may do so from time to time. You indemnify RaiseWell against any claim that may arise in connection with your eligibility to work with people under 18 years old.

2 SERVICE PROVIDER PROFILES

You acknowledge and agree that:

(a) you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services including keeping your availability up to date (Service Provider Profile);

(b) RaiseWell may choose not to accept any Service Provider Profile you submit to the Platform, and RaiseWell may limit the number of Service Provider Profile you can submit to the Platform; and

(c) any information you supply in an Service Provider Profiles must be true, timely and accurate.

3 BOOKING REQUESTS

(a) From time to time a Client may, using the Platform submit a request for services from Service Providers on the Platform (Booking Requests).  

(b) The Platform will generally direct to you (and other relevant Service Providers) Booking Requests that are related to your Service Provider Profiles, though RaiseWell does not guarantee this.

(c) RaiseWell will have no responsibility for the accuracy, reliability or timeliness of any Booking Requests and provides no guarantee that you will receive Booking Requests.

(d) When the Platform directs you to a Booking Request, you will be able to view details of the specific services requested, however you will not be able to view the contact details of the Client who submitted the Booking Request.

(e) If you accept a Booking Request, you will be able to view the details of the Client who posted that Booking Request.

 

4 PROVISION OF SERVICES

(a) You must ensure that all services specified in a Booking Request that is accepted by you (Booking) or otherwise provided in connection with the Platform, are provided: 

  (i) in accordance with all applicable laws, regulations, tax obligations and industry standards;

  (ii) with due care and skill and in a professional, punctual and diligent manner;

  (iii) so that the services are fit for their intended purpose; and

  (iv) on the date and at the times set out in the Booking Request.

(b) Any additional terms and conditions relating to a Booking are solely between you and the relevant Client and do not involve RaiseWell in any way, except that they must not be inconsistent with your or the Client’s obligations under this agreement.

(c) You acknowledge and agree that a Client may review any Service Provider Profile or services you provide under a Service Provider Profile or Booking on the Platform in accordance with clause 5 of Part C of this agreement.

(d) If a Client requests to reschedule the delivery time for the services listed in a Booking, you may choose to accept or reject such a request.

(e) You must deal with any dispute with a Client in accordance with clause 12 of Part A.

5 FEES

(a) Viewing the Platform and creating a Service Provider Profile is free.

(b) We reserve the right to set the cost of any services listed on the Platform, which will be set out to the Client when they submit a Booking Request (Quoted Amount). We will charge you 25% of the Quoted Amount (Service Fee) for each Booking that is accepted by you.

(c) When you accept a Booking Request or when a Booking is made, the Client will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Session Fee’).

(d) The balance of the Session Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.

(e) Upon the Client making a payment, you agree that we may issue on your behalf to the Client an invoice, receipt of funds or similar documentation for GST or other taxes as required in accordance with applicable laws to facilitate accurate tax reporting by us and you.

(f) You:

  (i) appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Client;

  (ii) agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and

  (iii) agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts.

(g) RaiseWell reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.

(h) You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.

6 TAX

Unless otherwise agreed in writing, you are responsible for the collection and remission of all taxes associated with the Services you provide or receive or any transactions through your use of the platform, and RaiseWell will not be held accountable in relation to any transactions between Clients and Service Providers where tax related misconduct has occurred.

7 REFUNDS & CANCELLATIONS

(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to change or cancel an accepted Booking, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are changing or cancelling. If RaiseWell decides to investigate your request, you must provide assistance and information to RaiseWell as reasonably requested.

(a) If we accept your request to change or cancel a service set out in an accepted Booking Request, we may take one or more of the following actions:

  (i) cancel your Account and/or any membership you hold in connection with the Platform;

  (ii) refund the Quoted Amount to the relevant Client; and

  (iii) if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.

(b) The Service Fee is by default non-refundable for change of mind. However, RaiseWell may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.

(c) You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Booking Request.

2 BYPASSING

(a) You agree that while you are a Service Provider on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Client whom you came to know about, or with whom you provided services to directly or indirectly in connection with the Platform. This provision will apply whether or not the relevant Client or their representative is still active on the Platform.

(b) RaiseWell may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.

3 BINDING CONTRACT

You agree that when a Client makes a Booking, this constitutes the Clients intention and offer to enter into a contract with you, where you will provide the Client with the service as specified in the relevant Booking, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Client) when you accept the Booking Request.

4 WARRANTIES

By listing yourself as a Service Provider on the Platform, posting a Service Provider Profile, responding to a Booking Request or agreeing to a Booking, you represent and warrant that:

(a) you are able to fulfil the requirements of the services specified in the Booking;

(b) you will provide services to each Client:

  (i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and

  (ii) in compliance with all applicable laws;

(c) you understand that RaiseWell does not hold insurance in respect of any services you may provide to a Client, including any public liability insurance, and that it is your responsibility to obtain and hold any such insurances;

(d) any individuals involved in your performance of services to any Client have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

5 RELATIONSHIP

The relationship between us and each Service Provider is of a principal and an independent contractor, and we do not act as an agent, employee, a payment processor or in any other capacity for any Service Provider. This is notwithstanding that we may issue, on behalf of a Service Provider, to a Client an invoice, receipt of funds or similar documentation for GST or other taxes as required in accordance with applicable laws to facilitate accurate tax reporting by that Service Provider.

 

Part C

Clients

1BOOKINGS AND FEES

(a)You acknowledge and agree that:

  (i) if your Booking Request is accepted by a Service Provider, that will constitute your offer and intention to enter into a contract with the Service Provider;

  (ii) for each Booking, the Quoted Amount will be debited from your Account and RaiseWell will keep a Service Fee which will be calculated as a percentage of the Quoted Amount and will not be an additional charge to you; and

  (iii) any terms and conditions relating to Bookings via the Platform are solely between you and the relevant Service Provider and do not involve RaiseWell in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this agreement.

(b) When you submit a Booking Request on the Platform, you must:

  (i) only submit requests that are bone fide and accurate; and

  (ii) truthfully fill out all the information requested by the Platform in relation to the Booking Request.

2 PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in an accepted Booking Request prior to the Service Provider performing those services.

(b) (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(c) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3 CHANGES, CANCELLATIONS AND REFUNDS

(a) You may cancel or make changes to a Booking Request at any time until it is accepted by a Service Provider.

(b) (Full refund) If you cancel a Booking:

  (i) within one (1) hour of the Booking Request being accepted; or

  (ii) more than twenty-four (24) hours before the scheduled Booking,

we will refund you any Quoted Amount paid by you for that Booking.

(c) (Partial refund) If you cancel a Booking:

(i) more than one (1) hour after the Booking Request has been accepted; or

(ii) less than twenty four (24) hours before the scheduled Booking but with at least four (4) hours’ notice;

we may charge you a cancellation fee equivalent to fifty (50%) percent of the value of the relevant Quoted Amount paid by you.

(d) (No refund) We may charge you a cancellation fee equivalent to the relevant Quoted Amount if you cancel or amend the Booking:

(i) Less than four (4) hours before the scheduled Booking; and

(ii) more than one (1) hour after the Booking Request has been accepted.

(e) (Cancellation by Service Provider) If a Service Provider is unable to fulfil a confirmed Booking (in full or part):

  (i) the Booking Request will be re-loaded onto the Platform and sent to relevant Service Providers in an attempt to find a replacement Service Provider;

  (ii) if a replacement Service Provider cannot be located on the Platform, you will be prompted to enter a new time and date for the Booking Request;

  (iii) if there is no suitable time and date, you will be given the option to cancel the Booking and a refund will be made to your payment method registered on the Account.

4 GIFT VOUCHERS

(a) RaiseWell Gift Vouchers can be purchased from the Platform.

(b) RaiseWell Gift Vouchers can be redeemed at checkout on the Platform.

(c) RaiseWell does not offer a cancellation or refund policy on the purchase of Gift Vouchers.

(d) Gift vouchers are only to be used for the full or partial purchase of a Booking and are not redeemable for cash.

(e) Unless otherwise stated and except for limited-time promotional offers, all RaiseWell Gift Vouchers are valid for 12 months from the date of purchase (Validity Period).

(f) It is your sole responsibility to ensure you can redeem a RaiseWell Gift Voucher within the Validity Period. For example, ensuring you are located in a location where RaiseWell operates.

5 RATINGS AND REVIEWS

(a) Clients may rate Service Providers (Rating) and/or may provide feedback to Service Providers regarding the services Clients received from them (Review).

(b) Clients’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Provider Profile is removed or terminated.

(c) Clients must only provide true, fair and accurate information in their Reviews.

(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Client from posting further Reviews. We do not undertake to review each Review made by Clients.

(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

(f) You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).

(g) You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:

  (i) you have purchased a product or service from that Service Provider via the Platform; or

  (ii) you have placed an order with the Service Provider via the Platform; or

  (iii) you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform,

(collectively referred to as a Service Experience).

(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.

(i) You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.

(j) Your Service Experience must have occurred within the last 12 months when you submit a Review.

(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.

6 LINKED BUSINESSES

You acknowledge and agree that:

(a) the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of RaiseWell;

(b) the provision by RaiseWell of introductions to Service Providers does not imply any endorsement or recommendation by RaiseWell of any Service Provider;

(c) RaiseWell does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and

(d) any terms and conditions relating to a Booking Request provided via the Platform constitute a contract between you and the Service Provider once agreed and do not involve RaiseWell in any way.

7 COMMUNICATION OUTSIDE THE PLATFORM

(a) You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Booking Request).

(b) RaiseWell, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.

8 Request data deletion

To request the deletion of your personal data, please follow these steps:

- Go to your profile page and click on "Profile".
- From menu click on "Delete Account"
- Confirm your action by clicking on "Yes, I want to delete my account"
Please note that once your account is deleted, all of your personal data will be permanently erased from our systems and cannot be recovered.

- If you have any questions or concerns about the deletion of your data, please contact us at office@RaiseWell.com.au