• INTRODUCTION
• African Aussie provides a software application allowing Users to connect with other Users to perform or outsource tasks or to buy and sell
goods. The software application is available via download on the Apple App Store, Google Play and any other platform that African Aussie
may introduce in the future (Helper Application).
• By using the Helper Application Users agree to be bound by these Terms and Conditions and any Policies or Guidelines which may be
displayed on the Helper Application and www.helperapp.com.au and amended from time to time (Agreement).
• ROLE OF AFRICAN AUSSIE
• African Aussie provides a platform for connecting people who need a service provided (Consumer/s) with people willing to provide the service
(Helper/s).
• A reference to User in this agreement includes Consumers, Helpers and any other person that downloads, accesses or registers to use the
Helper Application. Users must provide all information required by African Aussie to use the Helper Application.
• African Aussie provides the platform only. Apart from enabling a Consumer to find a Helper to provide a particular service or supply a particular
good, African Aussie accepts no liability for any aspect of interactions between Users, including but not limited to the description of goods and
services, the performance of services and the delivery of goods, and all information related to services to be performed or goods to be
provided by Users. Consumers release African Aussie from any and all claims relating to or arising out of the provision of goods or services by
Helpers.
• African Aussie has no obligation to any User to provide any assistance or involvement in any dispute between Users. Users and Helpers
agree not to involve African Aussie in any dispute or legal proceedings between them. In the event that African Aussie is required to be
involved in any dispute between a Consumer and a Helper then each shall jointly and severally indemnify African Aussie from and against all
costs and liabilities arising out of such involvement.
• PROVISION OF SERVICE BY USERS
• A Consumer with a requirement for a service to be provided or a good to be acquired must;
• create a valid profile on the Helper Application by completing the registration form; and
• post an accurate and complete description of the good to be acquired or service to be provided (including, but not limited to, the payment offered and
geographic location) (Order).
Orders are subject to further terms set out for Posting Tasks and Making Offers below.
• A Helper will receive a notification of a new Offer being posted. If they do not wish to perform the service or deliver the goods requested the Helper may
reject the Offer
• If a Helper is capable of completing a posted Offer they may;
• accept the terms of the Offer (Accepting); or
• suggest a new price for the delivery of the goods or service (Counter-Offer)
• By Accepting the Offer or making a Counter Offer, the Helper confirms that they are legally entitled to and capable of supplying the goods or services
described in the Offer.
• Consumers are responsible for verifying the suitability of a Helper for completing any posted Orders. Users agree that African Aussie is not responsible
for any representations made by Users in Orders, Offers or other posts on the Helper Application.
• Once a Consumer has agreed on a price and confirmed a Helper for an Offer using the Confirm Function of the Helper Application the Consumer must
pay a fee (User Fee) to African Aussie, using the Payment Feature of the Helper Application.
• Once a Consumer has paid the User Fee the Consumer and the Helper are deemed to have entered into a separate contract, which African Aussie is not
a party to, whereby the Consumer agrees to purchase and the Helper agrees to provide the Consumer with the services or goods (Job Contract).
• Users agree not to enter into any contractual provisions in a Job Contract that conflict with this Agreement. The terms of this Agreement incorporated into
a Job Contract take priority over any other terms agreed between Users in the Job Contract to the extent of any inconsistency.
• A Helper must provide the services or goods to the Consumer in accordance with the Job Contract, unless the services, goods or transaction is prohibited
by law, by this Agreement, an agreement between the User and a Third Party Provider or by any Policies Published on the Helper Application.
• Once a Helper has provided the goods or services requested by a Consumer in accordance with the Job Contract, the Consumer must pay the agreed
price to the Helper. The Consumer must provide notice that the task is complete, and the Helper must provide notice that payment has been received
using the Complete Job Function on the Helper Application. Once both Users have confirmed the completions of a Job Contract they will be able to
provide a review and feedback
• GUIDELINES FOR POSTS
• Offers and Counter Offers posted by Users:
• must be legal;
• must not be for escort or adult services or be obscene or sexually explicit in nature.
• It is the responsibility of Consumers to verify that Helpers hold relevant licences, authorities and/or credentials to perform the Job Contract.
• Feedback and Reviews by Users must not be:
• fraudulent;
• abusive; or
• a personal attack.
• LOCATION SERVICES
• The Helper Application uses location/ map-based functions and displays the location of Users to other Users. Each Consumer must provide
the street and suburb where the task is to be performed or the goods are to be delivered.
• Consumers should never disclose personal details such as their full name, phone number or email address in an Order. This information
should only be provided to a Helper who has been Confirmed by the Consumer.
• FEES AND PAYMENT
• Registration and use of the Helper Application to browse or post Orders is free of charge.
• Where a Consumer Confirms an Acceptance or Counter Offer the Consumer agrees to the User Fee as set out in the User Fee Schedule.
• If a Helper is required to pay some of the costs as part of completing a task, the Helper is solely responsible for having those costs reimbursed
by the Consumer. African Aussie accepts no responsibility for the recovery outlays from a Consumer.
• The User Fee must be paid by the Consumer in cleared funds to African Aussie (or its nominee).
• All payments will be processed in Australian Dollars and accordingly Users consent to African Aussie processing the payment in Australian
Dollars, which will involve the Customer’s credit card provider converting their local currency into Australian Dollars to an exchange rate
determined by their credit card provider.
• All sums payable under this Agreement are expressed inclusive of GST.
• Without prejudice to any other right or remedy of African Aussie, if Users fail to make any payment under this Agreement, African Aussie may
suspend or terminate a User’s account for the Helper Application.
• African Aussie may from time to time change the User Fee and the terms applying to their payment. Any change relating to the User Fees is
effective thirty (30) days after African Aussie notifies Users of that change by sending a message to Users registered with the Helper
Application.
• African Aussie may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of
temporary modifications will also be sent to Users registered with the Helper Application.
• All fees and charges payable to African Aussie are non-cancellable and non-refundable.
• If African Aussie introduces a new service on the Helper Application, the fees applying to that service will be payable as from the launch of the
service and will also be “User Fees” under this Agreement.
• African Aussie may use a related entity or a third party service provider to provide payment services acting as a payment facilitator.
• It is the responsibility of Users to negotiate and arrange payment for the Job Contract. The Consumer must make payment directly to a Helper
at in line with the agreement between those Users.
• LICENCE
• African Aussie grants to Users a revocable and non-exclusive licence, to use the Helper Application on the mobile device which it is
downloaded to (Licence).
• The grant of the Licence is further conditional on:
• The User using the Helper Application lawfully and strictly in accordance with this Agreement; and
• The User being eligible to register for and registered to use, the Helper Application.
• Users acknowledge that use of the Helper Application includes services provided by third party providers (such as internet service providers,
software providers and hardware providers), and the operation of the Helper Application is subject to any fault, disruption or other similar issue
originating from such third party providers.
• Users grant to African Aussie an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information
posted on the Helper Application for the purpose of including that material and information on the Helper Application and as otherwise may be
required for the general promotion and development of the Helper Application.
• USER REGISTRATION
• A User must be an individual.
• To register as a User and use the Helper Application Users must be able to form legally binding contracts under applicable law.
• The Helper Application is not available to persons under 18 years of age. Individuals who do not qualify to use the Helper Application must not
use the services.
• Users must maintain control of their User account. Users may not deal with your account (including feedback and associated User ID) in any
way (including, but not limited to, allowing others to use your account or by transferring or selling the account or any of its content to another
person).
• At its absolute discretion, African Aussie may refuse to allow any person to register for an account on the Helper Application or may cancel or
suspend any existing account.
• USE OF THE HELPER APPLICATION
• Users acknowledge and agree that:
• African Aussie does not guarantee that the Helper Application will be free of bugs or interruption;
• Some or all of the components of the Helper Application may be unavailable from time to time due to maintenance, updates or other
reasons; and
• African Aussie may change, update or otherwise amend components of the Helper Application at African Aussie’s absolute
discretion and without notice to Users;
• Users must at all times:
• comply with this Agreement (including all Helper Application Policies) and all applicable laws and regulation;
• comply with any reasonable direction from African Aussie regarding access to and use of the Helper Application;
• comply with (as applicable) the Apple App Store and Google Play terms and conditions available at http://www.apple.com/legal/
internet-services/itunes/au/terms.html and https://play.google.com/intl/en_us/about/play-terms.html;
• permit African Aussie, or its agents or officers to access the Users’ use of the Helper Application to verify that the Users’ use is
within the terms of this Agreement, and for other purposes disclosed in African Aussie’s Privacy Policy available at
www.helperapp.com.au/privacypolicy;
• only post accurate information on the Helper Application;
• promptly and efficiently perform all obligations to other Users under a Job Contract and to African Aussie under this Agreement;
• ensure that they are aware of any laws that apply to them as a Consumer or a Helper, or in relation to any other way(s) that they
use the Helper Application.
• Users must not use the Helper Application for any illegal purpose.
• Any information posted on Helper Application must not, in any way whatsoever, be potentially or actually harmful to African Aussie or any other
person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by African Aussie. Without limiting any provision of this
Agreement, any information You supply on the Helper Application must be up to date and kept up to date and must not:
• be false, inaccurate, 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, antidiscrimination and trade practices/fair trading laws);
• be defamatory, libellous, threatening or harassing;
• be obscene or contain any material that, in African Aussie’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited
to obscene, inappropriate or unlawful images;
• contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Helper
Application, 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.
• Helpers must have the right to provide goods and services under a Job Contract and to work in Australia. Helpers take responsibility for and
must comply with relevant tax obligations (including but not limited to GST and Income Tax provisions) in relation to any payment received
under a Job Contract.
• When Users enter into a Job Contract using the Helper Application they create a legally binding contract with another User, unless the
transaction is prohibited by law or by this Agreement (including the Helper Application Policies). If Users do not comply with their obligations to
another User under a Job Contract, they may become liable to that other User. In the event of a breach of Job Contract Users – not African
Aussie- are responsible for enforcing any rights that they may have under the relevant Job Contract.
• If African Aussie determines at its sole discretion that a User has breached any obligation in the Agreement or in the Helper Application
Policies, it reserves the rights to remove any content that User has submitted to the Helper Application or cancel or suspend that Users
account.
• NO AGENCY
• No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement.
• Users have no authority to bind African Aussie, its related entities or affiliates in any way whatsoever.
• African Aussie confirms that all Third Party Services that may be promoted on the Helper Application are provided solely by such Third Party
Service providers. To the extent permitted by law, African Aussie specifically disclaims all liability for any loss or damage incurred by Users in
any manner due to the performance or non-performance of such Third Party Service.
• WARRANTIES & EXCLUSIONS
• African Aussie warrants and represents (to Users) that it will provide the Helper Application with reasonable care and skill.
• African Aussie does not warrant against delays or errors in data transmission between any of the User Hardware and the Helper Application.
• Users agree that to the extent permitted by law, African Aussie shall not be liable for any loss or damage suffered by Users arising (directly or
indirectly) from the Helper Application (or any of its components) not being made available due to delays or errors in data transmission, or due
to any other matter beyond the control of African Aussie.
• To the extent permitted by law, African Aussie specifically disclaims any implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement for information posted by Users.
• African Aussie will not be liable in relation to any loss or damage suffered in relation to the interaction between the Helper Application and the
User Hardware.
• Any warranties specified in this clause apply only in relation to the components of the Helper Application under the control of African Aussie. All
other components are subject to the warranties and exclusions granted or imposed by relevant third party providers.
• Notwithstanding any other provision of this Agreement, all warranties implied by law are excluded to the maximum extent permitted by law
(except for those conditions or warranties which cannot be excluded by law), and where such implied warranties cannot be excluded, then to
the extent that African Aussie may limit its liability from such implied warranties, African Aussie’s total liability for a breach of an implied
warranty will be limited at African Aussie’s discretion to refunding a User Fee.
• The aggregate liability of African Aussie under or in relation to this Agreement (however arising) will not exceed the User Fees paid by the User
in the twelve (12) month period leading up to the date the liability arises.
• In no event will African Aussie be liable under this Agreement in respect of incidental, special or indirect loss of business, loss of profits, loss of
data or any similar consequential loss or damage.
• INTELLECTUAL PROPERTY
• African Aussie owns all Intellectual Property Rights in the Helper Application (and each of its components) including, without limitation, any
modifications or improvements to, or customisation of, the Helper Application (and each of its components) carried out by African Aussie, Users
or any third party under or in relation this Agreement (Helper Application IP). Nothing in this Agreement transfers any right in or in relation to
the Helper Application IP.
• Users must not reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify or otherwise reverse engineer the
Helper Application or any of its components.
• Users warrant that they will:
• Follow all reasonable instructions given by African Aussie from time to time regarding the Helper Application IP; and
• Not do anything to diminish the value of, or contest in any way, the Helper Application IP, including any contesting or opposing any application for patent
protection by African Aussie.
• Users agree that they will inform African Aussie immediately if a User becomes aware that any Intellectual Property Rights of African Aussie
are being infringed, or may be infringed, by any third party.
• African Aussie need not initiate action against any party that infringes African Aussie’s Intellectual Property Rights and may settle any dispute
by means it determines to be effective and in the best interests of African Aussie. Where African Aussie, in its sole discretion, determines to
initiate action against an infringer, the User will cooperate with African Aussie to the greatest extent possible at African Aussie’s expense.
• TERMINATION AND SUSPENSION
• Users of African Aussie may terminate an Account and this Agreement at any time for any reason.
• African Aussie may immediately terminate a User’s Account and this Agreement if a User breaches any term of this Agreement and does not
remedy that breach within seven (7) days (each, an Event of Default).
• If African Aussie terminates this Agreement African Aussie will have the right to immediately terminate the User’s access to the Helper
Application.
• African Aussie reserves the right to suspend a User’s access to the Helper Application during any period in which a User is in breach of this
Agreement.
• If African Aussie exercises any of its rights to terminate or suspend access to the Helper Application, African Aussie will not be liable for any
loss or damage suffered by the User, and the User promises that it will not seek to recover any such loss or damage.
• Termination of this Agreement does not affect any Job Contract that has been formed between Users. If Users have entered Job Contract
those Users must comply with the terms of that Job Contract including providing the goods or services or paying the price as applicable.
• Third Party Services are subject to Third Party Service provider terms and conditions.
• Clauses 6 (Fees and Payment) and 11 (Warranties and Exclusions), and any other terms which by their nature should continue to apply, will
survive any termination or expiration of this Agreement.
• ELECTRONIC TRANSACTIONS
• Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with the Electronic Transactions
(Victoria) Act 2000 or any other equivalent state or Commonwealth legislation.
• The parties agree that any User Fee paid by the Consumer will be accepted electronically and the agreement formed shall be deemed to be
valid and entered into in accordance with the Electronic Transactions (Victoria) Act 2000 or any equivalent state or Commonwealth legislation.
• GENERAL
• Users agree to be bound by the Helper Application Privacy Policy available at www.helperapp.com.au/privacypolicy.
• This Agreement contains the entire agreement between the parties.
• This Agreement is governed by the law of Victoria and the parties submit to the non-exclusive jurisdiction of the Victorian courts.
• A right under this Agreement may only be waived in writing. Failure to, delay in or partial exercise of a right does not constitute a waiver.
• A waiver of a breach of a provision of this Agreement is not a waiver of any other breach of that provision, or a waiver of any breach of another
provision.
• A provision of this Agreement that is wholly or partly invalid or unenforceable will be treated as removed from this Agreement. Any removal of a
provision will not affect the validity or enforceability of the remaining provisions.
• African Aussie may assign any or all of its rights under this Agreement without the Customer’s consent.
• Users shall not assign any of its rights under this Agreement without the prior written consent of African Aussie.
• Any prices, fees and other charges under this Agreement are inclusive of any and all taxes and duties, including GST.
• INSURANCE
• It is the responsibility of Users to ensure that they hold all relevant Insurance policies required for the Job Contract they enter into.
• Users may not rely on the insurance policies held by African Aussie.
• IDENTITY VERIFICATION
• African Aussie may include features in the Registration process to assist Users to verify the identity, qualifications or skills of other Users
(Identity Verification). These tools include but are not limited to;
• photograph copy of an identification document (e.g. drivers licence or passport); and
• profile photos.
• Users agree that Identity Verification are reliant on User-supplied information and may be inaccurate.
• Users agree that African Aussie accepts no responsibility for any use or reliance on an Identity Verification.
• African Aussie reserves the right to modify Identity Verification features of the Helper Application at any time.
• USER FEE SCHEDULE
• The User Fee for an Offer that is Accepted by a Helper is $2AUD (per transaction).
• INTERPRETATION
• Unless otherwise indicated by context:
• words importing the singular include the plural and vice versa;
• headings are for convenience only and do not affect the interpretation of this Agreement;
• where any word or phrase is given a definite meaning in this Agreement, any part or speech or other grammatical form of that word or phrase has a
corresponding meaning;
• an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
• a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof;
• a reference to a party to a document includes that party’s successors and permitted assigns;
• a covenant or agreement on the part of two or more persons binds them severally.
• DEFINITIONS
Accept/ing is defined in clause 3.3(a).
African Aussie means African Aussie Pty Ltd ACN 609 428 499.
Agreement is defined in clause 1.2.
Apple App Store means the online software application marketplace provided by Apple Inc.
Consumer is defined in clause 2.1.
Counter Offer is defined in clause 3.3(b).
Event of Default is defined in clause 13.2.
Google Play means the online software application market place provided by Google Inc.
GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
Helper Application IP is defined in clause 12.1.
Helper Application is defined in clause 1.1 If the context requires, Helper Application refers to the components of the Helper Application individually and/or
collectively.
Helper is defined in clause 2.1.
Identity Verification is defined in clause 17.
Income Tax means income tax defined and imposed by relevant legislation including but not limited to the Income Tax Assessment Act 1997
(Commonwealth).
Intellectual Property Rights means:
• patents, designs, copyright, rights in circuit layouts, business names, trademarks, knowhow, brand names, domain names, inventions, manufacturing
techniques, tooling, moral rights, product names, trade secrets, the right to have confidential information kept confidential and other results of intellectual
effort in the scientific, technological, industrial and commercial fields whether or not registered or capable of registration
• any application or right to apply for registration of any of those rights; and
• all renewals and extensions of those rights.
Job Contract is defined in clause 3.7.
Licence is defined in clause 7.1.
Order is defined in clause 3.1.
Payment Feature means the feature within the Helper Application used to pay User Fees, this may be operated by a third party payment facilitator including
but not limited to PayPal and is subject to change at the discretion of African Aussie.
User Fee is defined in clause 3.6.
User Hardware means any device, which a User accesses the Helper Application.
User is defined in clause 2.2 and means a person who registers as either a Consumer or Helper or as both on the Helper Application.