Terms and Conditions
Podmatcher Pty Ltd ACN 618 255 539 doing business as Podmatcher (“Podmatcher”, “we” or “us”) operates an online service platform (“Service” or “Services”).
These Terms of Service (“Terms”) constitute an agreement (this “Agreement”) by and between You, the User or the Provider, and Podmatcher. By accepting this Agreement, either by using the Services, logging on to the Services, or clicking your acceptance of these Terms, You agree to be bound by the terms and conditions herein. If You are entering into this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such entity to these Terms. You must be at least 18 years of age to use the Podmatcher Services.
“User”: A User who uses Podmatcher to book and pay for work to be done by the Provider.
“Provider”: A service Provider; the person doing the Job.
“You” or “Your”: The individual, whether a User or Provider.
“Task Contract”: A contract or agreement between Users and Providers.
“Fee” or “Fees”: Charges for using various Podmatcher Services and features as described herein.
“Account”: Your account details with Podmatcher that are not shared with the public.
“Profile”: Your public profile for offering or requesting services as a User or a Provider.
“Service” or “Services”: The online platform, website, apps, features, and services provided by Podmatcher.
Podmatcher is a services marketplace and booking platform to allow Users and Providers to connect, chat, call, request work, and pay each other for work. Providers listed on Podmatcher are independent contractors. Providers set their own prices, availability and schedules and quote jobs using their professional expertise. Providers are not agents or representatives of Podmatcher, and Podmatcher does not represent, endorse, or speak on behalf of service Providers. Providers are not employees of Podmatcher. Nothing in this Agreement shall be construed to create or constitute an employment relationship between Podmatcher and Providers
Providers may carry their own insurance, but Podmatcher neither mandates nor verifies Provider insurance. Users must ask Providers for their insurance details. Providers are not covered by Podmatcher’s insurance policies, including without limitation, worker’s compensation insurance. Providers have no authority to enter into contracts or agreements that bind Podmatcher or create obligations to a third party.
You represent and warrant the following:
You have validly entered into this Agreement and have the legal power to do so;
You possess all of the rights necessary to provide Your data to Podmatcher; and
You are legally authorized enter a Task Contract and to solicit and perform the services in Australia and the jurisdiction(s) in which You reside and in which the services are performed.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PODMATCHER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. PODMATCHER DOES NOT WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR IMMATERIAL INTERRUPTION. PODMATCHER DOES NOT CARRY INSURANCE BENEFITING USERS OR PROVIDERS. The quality of work performed by a Provider is the Provider’s responsibility. Podmatcher is not responsible for any aspect of a Provider’s work including timeliness, quality, or reliability. Users are encouraged to review Provider qualifications prior to requesting work.
Podmatcher does not offer a warranty or insurance of any kind regarding the quality of work performed by a Provider.
You agree that Podmatcher has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users or Providers, including, but not limited to, the ability of Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Users or the Users’ ability to pay for the services or goods requested.
Profiles are written by the respective User or Provider, and all Profile content is public and searchable on the Internet.
Profile content may include a display name, business logos, podcast artwork, photos, address, business details, qualifications, and contact information.
If you see any offensive content, please contact firstname.lastname@example.org. Podmatcher is not responsible for offensive content but will take action to investigate and, if necessary, remove offensive content once it it brought to our attention.
Providers can update photo’s and details of relevant professional qualifications. Podmatcher does not perform any independent verification of Provider qualifications. We recommend Users to confirm licenses, certifications, and qualifications with independent government bodies prior to requesting jobs.
Profiles are not audited by Podmatcher. If you see any unauthorised use of trademarks or copyright protected material, please contact the relevant User/Provider and ask for them to remove the relevant content. If you need further assistance, please contact email@example.com. Podmatcher may delete or suspend Profiles for any reason at any time. You have no ownership rights in Your Profile hosted by the Service.
Provider fees (call-out, hourly, flat-rate) listed in Profiles are estimates only. The Provider may, at their discretion, increase or decrease the final invoice amount after the job is complete.
By creating a Profile, you grant Podmatcher and and all rights necessary to use the Profile content for any legal purpose.
A User requests a job quote by sending a description of the job. The User should attempt to provide as much information as possible to receive the most accurate quote from the Provider.
Using Podmatcher is generally free, but we sometimes charge a Fee for certain features. If the feature you use incurs a Fee, that will be clearly disclosed at the time you post your ad. Our Fees are quoted in Australian Dollars, and we may change Fees at any time without prior notice. We’ll post changes to our Fees on the site. We may temporarily change our Fees for promotional events or new features.
If your payment method fails or Your account is past due, we may suspend Your account collect fees owed using collection mechanisms, including third party debt collection services.
Provider Fees and Services.
All quotes, including labor time and cost, given by Providers are estimates only. Upon completion of a job, the Provider will finalise an invoice. The Provider may adjust the final invoice to take into account various factors, including without limitation, the hours worked, materials used, and difficulty of the task.
The Provider may at their discretion select ‘card’ or ‘cash’ payment. If ‘cash’ is selected, the Provider must take the cash from the User themselves. If the Provider or Client has insufficient funds in their account balance, their registered credit card will be charged to make up for the shortfall.
If the User believes there is an error with the invoice, they should communicate with the Provider using free Podmatcher email service. The Provider can amend/edit the invoice at any time prior to the User paying.
If the User does not dispute a final invoice, absent of any action, the User will automatically pay the Provider after three days. Podmatcher will not act as the payment service for the Provider. All disputes should be directed towards the Provider.
Podmatcher Fees are non-refundable, and Podmatcher will refund Fees only when required by Australian Consumer Law (ACL). If other refunds are made, they are made solely at Podmatcher’s discretion.
For refunds on Provider service fees, please contact your Provider.
Podmatcher is a service to find, book, pay, and communicate. Podmatcher does not offer any form of dispute resolution between Users and Providers other than offering the Podmatcher Service as a communication tool to assist in resolving disputes.
Podmatcher will not act to intervene in any dispute. If either party cannot use the Podmatcher Service to resolve their dispute, You may consider using legal mediation or enforcement options, such as small claims courts in the jurisdiction where the work was performed.
If a User or Provider believes that the Podmatcher made an error, please contact firstname.lastname@example.org.
OBLIGATIONS & USE RESTRICTIONS
You agree that at all times:
You will comply with this Agreement (including all Podmatcher Policies) and all applicable laws and regulations;
You will post only true, correct and accurate information on the Podmatcher website;
You will promptly and efficiently perform all your obligations to Podmatcher Users under a Task Contract and to Podmatcher under this Agreement;
You will ensure that You are aware of any laws that apply to You as a User or a Provider, or in relation to any other way(s) that You use the Podmatcher’s Service.
You must not use the Podmatcher Service for any illegal or immoral purpose.
You grant to Podmatcher an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any Profile content and and other public information posted on the Podmatcher website for the purpose of including that material and information on the Podmatcher website and as otherwise may be required to provide the Podmatcher Service, for the general promotion of the Podmatcher Service, and as otherwise permitted by this Agreement.
You shall not:
make features bearing a Fee available to anyone other than You;
use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights,
Introduce into or transmit through the Service malicious code, data or set of instructions that intentionally or unintentionally causes harm to or subverts the intended function of any Podmatcher Service, Platform, or website, 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;
interfere with or disrupt the integrity or performance of the Service or third-party data contained therein;
attempt to gain unauthorized access to the Service or its related systems or networks;
permit direct or indirect access to or use of the Service in a way that circumvents a Fee;
copy, reverse compile, or reverse engineer the Service or any part, feature, function or user interface thereof;
access the Service in order to build a competitive product or service; or
use the Service to infringe the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity.
Any information posted on the Service must not, in any way whatsoever, be potentially or actually harmful to Podmatcher or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Podmatcher. Without limiting any provision of this Agreement, any information You supply to Podmatcher must be up to date and kept up to date and must 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, antidiscrimination and trade practices/fair trading laws);
be defamatory, libellous, threatening or harassing;
be obscene or contain any material that, in Podmatcher’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images.
You solely are responsible for Your tax obligations in relation to any payments made or received under a Task Contract.
When You enter into a Task Contract using the Podmatcher Service You create a legally binding contract with the Provider/User unless the transaction is prohibited by law or by this Agreement (including the Podmatcher Policies). If You do not comply with your obligations under the Task Contract, You may become liable to the other Provider/User. If the Task Contract is breached, You soley are responsible for enforcing any rights that You may have under the Task Contract or under applicable laws.
Indemnifications & Disclaimers
YOU USE THE SERVICE AT YOUR OWN RISK. PODMATCHER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST ANY CLAIMS OR CAUSES OF ACTION RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. However, if the Podmatcher determines that the Service may have violated a third party’s intellectual property rights, Podmatcher may choose to either modify the Service to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow continued use. If the foregoing corrective actions are commercially unreasonable or unfeasible, Podmatcher may discontinue the Service.
You agree to hold harmless and indemnify Podmatcher, its agents, employees, and officers from and against any third party claim arising or in any way related to Your use of the Service, including liability or expense arising from all claims, losses, damages, suits, judgments, and attorney’s’ fees of every kind and nature. In such a case, Podmatcher will send written notice of such claim, suit, or action.
LIMITATION OF LIABILITY
Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law Podmatcher 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 Users and Providers.
Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Podmatcher 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 You and any Third Party Service Provider who may be included from time to time on the Podmatcher Service.
Except for liability in relation to a breach of any Non-excludable Condition, Podmatcher’s liability to any User of this service is limited to the total amount of fees paid by that User to Podmatcher during the 6-month period prior to any incident causing liability of Podmatcher.
Podmatcher’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our 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.
No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Podmatcher, its related entities or affiliates in any way whatsoever. Podmatcher confirms that all Third-Party Services that may be promoted on the Podmatcher service are provided solely by such Third-Party Service providers. To the extent permitted by law, Podmatcher specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or nonperformance of such Third-Party Service.
Except as stated otherwise, any notices must be given by registered ordinary post or by email, to Podmatcher’s contact address as displayed on the Podmatcher website. Any notice shall be deemed given:
if sent by email, 24 hours after email is sent, and
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 Australia.
Notices related to performance of any Third Party Service must be delivered to such.
Either party may terminate an Account and this Agreement at any time for any reason.
Termination of this Agreement does not affect any Task Contract that has been formed between Podmatcher Users. If You have entered a Task Contract You must comply with the terms of that Task 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.
Fees, Limitation of Liability and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
Governing law and jurisdiction: This Agreement is governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
Any dispute with or claim against Podmatcher arising out of this Agreement shall be finally settled by confidential, binding arbitration in Melbourne, Victoria, Australia in accordance with [DESIRED ARBITRATION RULES] by one arbitrator appointed in accordance with said rules.
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.
Podmatcher may amend the Terms and this Agreement at any time for any reason by posting the amended version and sending You notice of the amended version. Such amendments are deemed accepted if You continue to use the Service after having been notified of the amendment.
This Agreement may be assigned or novated by Podmatcher to a third party without Your consent. In the event of an assignment or novation You will remain bound by this Agreement.
This Agreement sets out the entire understanding and agreement between You and Podmatcher with respect to its subject matter.