Please note the following terms and conditions of service. The Wowtasks terms & conditions (August 2022) outline Wowtasks and Your obligations and responsibilities on the Wowtasks Platform. User Agreement: www.Wowtasks.com Wowtasks (Owned by Enegra Systems Inc, Canada) operates an online marketplace platform allowing Users to connect through the Wowtasks Platform with other Users who provide Services. Please read these terms and all Policies including the Wowtasks Rules fully before using the Wowtasks Platform. These Policies are incorporated into this Agreement by reference. All defined terms in this Agreement have the meaning given to them in the Wowtasks Glossary. 1. SCOPE OF WOWTASKS SERVICES
1.1 Wowtasks.com (Owned by Enegra Systems Inc, Canada) provides the Wowtasks Platform to enable Task Owners to publish Tasks.
1.2 Taskers / Service Providers / Service Providing Companies (collectively known as Tasker) may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A Task Owner may revoke or modify a Posted Task at any time before he/she accepts an Offer. Wowtasks reserves the right to cancel all Offers on a Posted Task made prior to the modification.
1.4 If a Task Owner accepts a Offer on the Wowtasks Platform, a Task Contract is created between the Tasker and the Task Owner.
1.5 Upon creation of a Task Contract, the Task Owner must pay the Agreed Price into the Payment Account.
1.6 Upon creation of the Task Contract, Wowtasks has rendered Wowtasks Services and the Service Fee is due and payable.
1.7 Once the Task Contract is created, the Tasker and Task Owner may vary the Task Contract on the Wowtasks Platform. The Task Owner and Tasker are encouraged to use Wowtasks's private chat system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
1.8 Once the Services are complete, the Tasker must provide notice of that on the Wowtasks Platform.
1.9 Once the Services are complete, the Task Owner must provide notice of that on the Wowtasks Platform.
1.10 Once the Posted Task has been completed and the Task Owner confirms the Services are completed, or if Wowtasks is satisfied the Services have been completed, the Tasker Funds will be released by Wowtasks from the Payment Account to the Tasker. However this process does not apply to the payment of Recurring Services which is addressed in clause 1.16 below.
1.11 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Wowtasks Platform.
1.12 Wowtasks may also provide a Search Assist feature enabling Task Owners to submit a Offer for Services.
1.13 A Offer submitted by a Task Owner using Search Assist may be notified to other Users and such Users may elect to make an Instant Claim of it.
1.14 When using Search Assist a Task Contract is created when a Tasker makes an Instant Claim (and in the case of Recurring Services a Task Contract is created for the first Occurrence only). For Recurring Services, the next Task Contract is created upon completion of the previous Occurrence.
1.16 For Recurring Services and subject to clause 1.17, once the Occurrence has been completed and the Tasker confirms the Occurrence is completed (or if Wowtasks is satisfied the Occurrence is completed) then the Tasker Funds for that Occurrence will automatically be released by Wowtasks from the Payment Account to the Tasker.
1.17 The Task Owner may elect to pause automatic payment of Tasker Funds for an Occurrence within 24 hours from when the Tasker confirms the Occurrence is completed. If the Task Owner pauses such automatic payment in accordance with this clause, then the Tasker Funds will not be released by Wowtasks from the Payment Account to the Tasker until the Task Owner also confirms that the Occurrence is completed.
2. WOWTASKS'S ROLE AND OBLIGATIONS
2.1 Wowtasks provides the Wowtasks Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.
2.2 Wowtasks only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, Wowtasks may refuse to allow any person to register or create an account with Wowtasks or cancel or suspend or modify any existing account including if Wowtasks reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Wowtasks Platform.
2.5 Registering and creating an account with Wowtasks is free. There is no charge for a Task Owner to post tasks, or for other Wowtasks Users to review content on the Wowtasks Platform, including Posted Tasks.
2.6 Wowtasks accepts no liability for any aspect of the Task Owner and Tasker interaction, including but not limited to the description, performance or delivery of Services.
2.7 Wowtasks has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Taskers / Service Providers / Service Providing Companies to perform tasks or supply items, or the honesty or accuracy of any information provided by Task Owners or the Task Owners' ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the Wowtasks Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 Wowtasks has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Wowtasks Platform;
(c) ensure that You are aware of any laws that apply to You as a Task Owner or Tasker, or in relation to using the Wowtasks Platform.
3.2 You agree that any content (whether provided by Wowtasks, a User or a third party) on the Wowtasks Platform may not be used on third party sites or for other business purposes without Wowtasks's prior permission.
3.3 You must not use the Wowtasks Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Wowtasks account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant Wowtasks an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Wowtasks Platform for the purpose of publishing material on the Wowtasks Platform and as otherwise may be required to provide the Wowtasks Service, for the general promotion of the Wowtasks Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Wowtasks Platform must not, in any way whatsoever, be potentially or actually harmful to Wowtasks or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Wowtasks.
3.7 Without limiting any provision of this Agreement, any information You supply to Wowtasks or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive; *(b) be fraudulent or involve the sale of counterfeit or stolen items; *(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; *(d) 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); *(e) be defamatory, libellous, threatening or harassing; *(f) be obscene or contain any material that, in Wowtasks's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or *(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Wowtasks Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 Wowtasks Platform may from time to time engage location-based or map-based functionality. The Wowtasks Platform may display the location of Task Owners and Taskers / Service Providers / Service Providing Companies to persons browsing the Wowtasks Platform. A Task Owner should never disclose personal details such as the Task Owner's full name, street number, phone number or email address in a Posted Task or in any other public communication on the Wowtasks Platform.
3.9 If You are a Tasker, You must have the right to provide Services under a Task Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Tasker Funds) received under a Task Contract.
3.10 You must not, when supplying Services, charge a Task Owner any fees on top of the Tasker Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Wowtasks Platform.
3.11 You must not request payments outside of the Wowtasks Platform from the Task Owner for the Services except to the extent permitted by clause 3.12 and only if the Wowtasks Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
3.12 If a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Task Owner. Wowtasks advises Taskers / Service Providers / Service Providing Companies not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the Task Owner will reimburse the costs promptly.
3.13 For the proper operation of the Wowtasks Platform (including insurance, proper pricing and compliance with Policies), the Tasker must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Task Contract, then that third party must also be a registered User of the Wowtasks Platform.
3.14 If Wowtasks determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Wowtasks Service or cancel or suspend Your account and/or any Task Contracts.
4. FEES
4.1 Upon the creation of a Task Contract, the Tasker and Task Owner each owes Wowtasks the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Payment Account.
4.2 If the Posted Task requires a Tasker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.
4.4 All Fees and charges payable to Wowtasks are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.5 If Wowtasks introduces a new service on the Wowtasks Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 Wowtasks may set-off any Fees against any Tasker Funds or other amounts held by Wowtasks on behalf of a User.
4.7 Wowtasks may restrict a User's account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
5.1 If the Task Contract is cancelled for any reason (by a Task Owner, a Tasker or under this Agreement) prior to the commencement of the Task Contract, then if Wowtasks is reasonably satisfied that the Agreed Price should be returned to the Task Owner then the Agreed Price will be refunded to the Task Owner as Stored Value and a Cancellation Admin Fee will be due to Wowtasks by the User who the cancellation of the Task Contract is attributable to under clause 5.5 or 5.6.
5.2 Wowtasks may decide in its absolute discretion to refund the Agreed Price back onto the Task Owner's credit card instead of Stored Value or waive the Cancellation Admin Fee.
5.3 Any amount returned by Wowtasks to a Task Owner on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to Wowtasks and may be offset by Wowtasks against any other payments owed at any time to the Tasker.
5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Wowtasks and may also be offset by Wowtasks against any other payments owed at any time to the User.
5.5 Cancellation of a Task Contract will be attributable to the Tasker where:
(a) the Task Owner and the Tasker mutually agree to cancel the Task Contract; or
(b) following reasonable but unsuccessful attempts by a Task Owner to contact a Tasker to perform the Task Contract, the Task Contract is cancelled by the Task Owner; or
(c) the Tasker cancels the Task Contract; or
(d) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Tasker’s actions or breach.
5.6 A Cancellation of a Task Contract will be attributable to a Task Owner where:
(a) the Task Owner cancels the Task Contract (other than in accordance with clause 5.5(b); or
(b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Task Owner’s actions or breach.
5.7 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.8 Wowtasks may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Task Owner.
5.9 If, for any reason, the Tasker Funds cannot be transferred or otherwise made to the Tasker or returned to the Task Owner (as the case may be) or no claim is otherwise made for the Tasker Funds, the Tasker Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Task Owner initially paid the Agreed Price into the Payment Account.
5.10 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be credited to the Task Owner as Stored Value.
5.11 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Task Owner will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.
6. STORED VALUE
6.1 Stored Value :
(a) can be used by the credited User to pay for any new Services via the Wowtasks Platform;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded or transferred to another card or account;
(d) are valid for 12 months from the date on which that particular Stored Value is applied to a User's account, the date of issue or purchase or any expiry date applied by Wowtasks (conditional upon any contrary specific jurisdictional legislative requirements);
(e) if the Stored Value is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on when the Stored Value is redeemable (for example only for a User's first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Wowtasks's prior written permission.
6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Save for the Non-Excludable Conditions, Wowtasks will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
6.3 Wowtasks will not accept, and may refuse or cancel, any Stored Value, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Wowtasks reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
6.4 Wowtasks is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Wowtasks.
7. BUSINESS PARTNERS
7.1 Wowtasks may enter into agreements with Business Partners and may seek to engage Taskers / Service Providers / Service Providing Companies in the provision of Business Services. Taskers / Service Providers / Service Providing Companies who agree to perform Business Services for Business Partners acknowledge and agree that Wowtasks and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Taskers / Service Providers / Service Providing Companies providing Business Services to be approved or hold particular qualifications. Wowtasks may assist Business Partners to locate suitably qualified Taskers / Service Providers / Service Providing Companies. Wowtasks makes no warranty that it will promote any or all suitably qualified Taskers / Service Providers / Service Providing Companies to Business Partners.
7.3 Business Partners may require Taskers / Service Providers / Service Providing Companies to enter into a Business Partner Contract before providing Business Services.
7.4 Where a Tasker accepts a Posted Task with a Business Partner:
(a) the Tasker must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
8.1 Wowtasks uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/au/ssa are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If Wowtasks changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
9. THIRD PARTY SERVICES
9.1 Wowtasks may from time to time include Third Party Services on the Wowtasks Platform. These Third Party Services are not provided by Wowtasks.
9.2 Third Party Services are Offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Wowtasks Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 Wowtasks makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Wowtasks Platform, Users may inform Wowtasks of their Third Party Service experience support@Wowtasks.com.
10. VERIFICATION & BADGES
10.1 Wowtasks may use Identity Verification Services.
10.2 You agree that Wowtasks Identity Verification Services may not be fully accurate as all Wowtasks Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and Wowtasks accepts no responsibility for any use that is made of a Wowtasks Identity Verification Service.
10.4 Wowtasks Identity Verification Services may be modified at any time.
10.5 The Wowtasks Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 Wowtasks may make Badges available to Taskers / Service Providers / Service Providing Companies. The available Badge can be requested by the Tasker via the Wowtasks Platform, and arranged on behalf of the Tasker and issued by Wowtasks, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Tasker and determined by Wowtasks or a third party verifier which shall be governed by its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Tasker prior to commencing the task.
10.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Wowtasks immediately if a Badge is no longer valid.
10.9 Wowtasks may, at its discretion, issue Badges to Taskers / Service Providers / Service Providing Companies for a fee.
10.10 The issue of a Badge to a Tasker remains in the control of Wowtasks and the display and use of a Badge is licensed to the Tasker for use on the Wowtasks Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Wowtasks Platform.
10.11 Wowtasks retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Wowtasks.
11. INSURANCE
11.1 Wowtasks may Offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be Offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the Wowtasks website when they are available. Wowtasks confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
11.2 Wowtasks does not represent that any insurance it acquires or which is Offered via the Wowtasks Platform is adequate or appropriate for any particular User.
11.3 Each User must make its own enquiries about whether any further insurance is required and Taskers / Service Providers / Service Providing Companies remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Wowtasks Platform.
11.4 Wowtasks may also take out other insurance itself and that insurance may at Wowtasks's option extend some types of cover to Users. Wowtasks reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the Wowtasks website and the policy details can be requested via Wowtasks. Users are responsible for familiarising themselves with these details.
11.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Wowtasks (if any) responds to that claim then this clause applies. If a claim is made against a Tasker, Wowtasks may (provided that the Tasker consents) elect to make a claim under any applicable policy and if the claim is successful, Wowtasks reserves its right to recover any excess or deductible payable in respect of the claim from the Tasker. Where Wowtasks makes a claim and the insurer assesses that the Tasker is responsible, Wowtasks is entitled to rely on that assessment. If You do not pay any excess due under this clause, Wowtasks may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
11.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Wowtasks (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Wowtasks may elect to reject or pay an amount to settle a claim not covered by Wowtasks's own insurance policies. To the extent that the Tasker was or would be liable for the amount of the claim, if Wowtasks elects to pay an amount to settle the claim the amount paid by Wowtasks may be recovered by Wowtasks from the Tasker. Wowtasks may also elect to set this amount off against future moneys it may owe to the Tasker.
12. FEEDBACK
12.1 You can complain about any comment made on the Wowtasks Platform using the 'Report' function of the Wowtasks Platform or contact Wowtasks via the Wowtasks Platform.
12.2 Wowtasks is entitled to suspend or terminate Your account at any time if Wowtasks, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Wowtasks Users.
13. LIMITATION OF LIABILITY
Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.
14. PRIVACY
14.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.
14.2 Wowtasks will endeavour to permit you to transact anonymously on the Wowtasks Platform. However in order to ensure Wowtasks can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Wowtasks reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
15.1 Wowtasks may modify this Agreement or the Policies (and update the Wowtasks pages on which they are displayed) from time to time. Wowtasks will send notification of such modifications to Your Wowtasks account or advise You the next time You login.
15.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Wowtasks Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Wowtasks who will terminate Your Wowtasks account, and stop using the Wowtasks Service.
16. NO AGENCY
16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Wowtasks, its related entities or affiliates in any way whatsoever. Wowtasks confirms that all Third Party Services that may be promoted on the Wowtasks Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Wowtasks specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
17. NOTICES
17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Wowtasks's contact address as displayed on the Wowtasks Platform, or to Wowtasks Users' contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Wowtasks Platform account.
17.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.
18. MEDIATION AND DISPUTE RESOLUTION
18.1 Wowtasks encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Wowtasks may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
18.3 Wowtasks may elect to assist Users resolve disputes. Any User may refer a dispute to Wowtasks. You must co-operate with any investigation undertaken by Wowtasks. Wowtasks reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Wowtasks's determination in an applicable court or tribunal.
18.4 Wowtasks has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
18.5 Wowtasks may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
18.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
18.7 If You have a complaint about the Wowtasks Service please contact us on support@Wowtasks.com
18.8 If Wowtasks provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Wowtasks for any costs, losses or liabilities incurred by Wowtasks in relation to any claims relating to any other use of information not permitted by this Agreement.
19. TERMINATION
19.1 Either You or Wowtasks may terminate your account and this Agreement at any time for any reason.
19.2 Termination of this Agreement does not affect any Task Contract that has been formed between Wowtasks Users.
19.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
19.5 If Your account or this Agreement are terminated for any reason then You may not without Wowtasks's consent (in its absolute discretion) create any further accounts with Wowtasks and we may terminate any other accounts You operate.
20. GENERAL
20.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
20.3 This Agreement may be assigned or novated by Wowtasks to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
20.4 This Agreement sets out the entire understanding and agreement between the User and Wowtasks with respect to its subject matter.
Revised August 2019 copyright Wowtasks 2019 APPENDIX A: MODEL TASK CONTRACT The terms used in this Task Contract have the meaning set out in the Wowtasks Glossary. A Task Contract is created in accordance with the Wowtasks Agreement. Unless otherwise agreed, the Task Owner and the Tasker enter into a Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 The Task Contract is created when the Task Owner accepts the Tasker's Offer on a Posted Task to provide Services. When using Search Assist, the Task Contract is created when the Tasker makes an Instant Claim.
1.2 The Contract will continue until terminated in accordance with clause 7.
2 SERVICES
2.1 The Tasker will perform Services in a proper and workmanlike manner.
2.2 The Tasker must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
2.4 The parties acknowledge that the Task Contract is one of personal service where the Task Owner selected the Tasker to perform the Services. Therefore the Tasker must not subcontract any part of the Services to any third party without the Task Owner's consent.
2.5 The Tasker remains responsible and liable at all times to the Task Owner for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Tasker.
3 WARRANTIES
3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
3.2 The Tasker warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4 PAYMENT OR CANCELLATION
4.1 Upon the creation of the Task Contract, the Task Owner must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Tasker will provide notice on the Wowtasks Platform.
4.3 The Task Owner will be prompted to confirm the Services are complete. If the Tasker has completed the Services in accordance with clause 2, the Task Owner must use the Wowtasks Platform to release the Tasker Funds from the Payment Account. For Recurring Services the Tasker Funds for an Occurrence will automatically be released by Wowtasks from the Payment Account to the Tasker unless paused by the Task Owner in accordance with the User's Wowtasks Agreement.
4.4 If the parties agree to cancel the Task Contract, or the Task Owner is unable to contact the Tasker to perform the Task Contract, the Tasker Funds will be dealt with in accordance with the User's Wowtasks Agreement.
5 LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6 DISPUTES
6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Wowtasks and act in accordance with clause 18 of the Wowtasks Agreement.
7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
(a) the Services are completed and the Agreed Price is released from the Payment Account;
(b) a party is terminated or suspended from the Wowtasks Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by Wowtasks in accordance with the party's Wowtasks Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the Wowtasks Platform. Revised August 2022 copyright Wowtasks 2019 APPENDIX B:
If You are a User who has Your Wowtasks Platform account in (or the Services are performed in) Canada then the following terms will also apply to or may vary this Agreement to the extent specified: a) a reference to C$, $C, dollar or $ is to Canadian currency; b) "Wowtasks" means Enegra Systems Inc, BN 754593697; c) The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law."; d) The exclusions and limitations of liability shall be as follows:
(1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Wowtasks 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 Task Owners and Taskers / Service Providers / Service Providing Companies.
(2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Wowtasks 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 Wowtasks Platform.
(3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Wowtasks is not liable for any Consequential Loss arising out of or in any way connected with the Wowtasks Services.
(4) Except for liability in relation to a breach of any Non-excludable Condition, Wowtasks's liability to any User of the Wowtasks Service is limited to the total amount of payment made by that User to Wowtasks during the twelve month period prior to any incident causing liability of Wowtasks, or AUD$50.00, whichever is greater.
(5) Wowtasks'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.
Wowtasks Glossary "Agreement" means the most updated version of the agreement between Wowtasks and a User. "Agreed Price" means agreed price for Services (including any variation) paid into the Payment Account made by the Task Owner but does not include any costs incurred by the Tasker when completing Services which the Task Owner agrees to reimburse. "Wowtasks" means "we" "us" "our" means the legal entity prescribed in Your Country Specific Terms. "Wowtasks Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Wowtasks. "Wowtasks Platform" means the Wowtasks website at http://www.wowtasks.com/, Wowtasks smartphone app, and any other affiliated platform that may be introduced from time to time. "Wowtasks Service" means the service of providing the Wowtasks Platform. "Badge" means an Wowtasks Badge and Verification Icon. "Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their Wowtasks Platform account, other than a Saturday, Sunday or public holiday. "Business Partner Contract" means a contract between a Business Partner and a Tasker to perform Business Services. "Business Partner" means the business or individual that enters into an agreement with Wowtasks to acquire Business Services. "Business Services" means Services provided by a Tasker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer). "Cancellation Admin Fee" means the Fee payable by a Task Owner or a Tasker for cancelling a Task Contract and will not exceed 22% of the Agreed Price. "Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing. "Fees" means all fees payable to Wowtasks by Users including the Service Fee. "Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Wowtasks Badges and Verification Icons. "Instant Claim" means the acceptance of an Offer by a Tasker via the Search Assist function. "Marketing Material" means any updates, news and special Offers in relation to Wowtasks or its Third Party Services. "Occurrence" means each individual occurrence of services to be performed by a Tasker that form part of Recurring Services. "Offer" means an Offer made by a Tasker in response to a Posted Task to perform the Services. or an Offer made by a Task Owner for the performance of Services by a Tasker when using Search Assist "Payment Account" means the account operated by the Payment Provider. "Payment Provider" means an entity appointed by Wowtasks that manages and operates the Payment Account including accepting payments from and making payments to Users. "Personal Information" has the same meaning as described in Your Country Specific Terms. "Policies" means the policies posted by Wowtasks on the Wowtasks Platform, including but not limited to the Community Guidelines. "Task Owner" means a User that posts on the Wowtasks Platform in search of particular Services. "Posted Task" means the Task Owner's request for Services published on the Platform (including via Search Assist), and includes the deadline for completion, price and description of the Services to be provided. "Task Owner Service Fee" means the fee payable by the Task Owner to Wowtasks as consideration for the Wowtasks Services (and comprised as part of the Agreed Price) displayed to a Task Owner prior to entering into each Task Contract "Recurring Services" means the same services procured by a Task Owner using the Search Assist feature from the same Tasker on a recurring basis, for example weekly, fortnightly or monthly. "Reference" means a feature allowing a User to request other Users to post a reference on the Wowtasks Platform endorsing that User. "Search Assist" means a feature of the Wowtasks Platform whereby a Task Owner can submit specific details of a Posted Task with Wowtasks's assistance to calculate the Agreed Price and find potential Taskers / Service Providers / Service Providing Companies to perform the Services. This may also be referred to on the Wowtasks Platform as "Instant Booking". "Service Fee" means the Task Owner Service Fee and the Tasker Service Fee. "Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract and for Recurring Services the Services are the services to be performed under each Occurrence. "Stored Value" means the physical or virtual card, coupon, voucher or code containing credit or a discount or refund provided as credit or anything else identified or described as 'Stored Value' in this Agreement, for use on the Wowtasks Platform. "Task Contract" means the separate contract which is formed between a Task Owner and a Tasker for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts. "Tasker" means a User who provides Services to Task Owners. "Tasker Funds" means the Agreed Price less the Service Fee. "Tasker Service Fee" means the fee payable by the Tasker to Wowtasks as consideration for the Wowtasks Services (and comprised as part of the Agreed Price) displayed to a Tasker prior to entering into each Task Contract. "Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users. "Third Party Service" means the promotions and links to services Offered by third parties as may be featured on the Wowtasks Platform from time to time. "User" or "You" means the person who has signed up to use the Wowtasks Platform, whether as the Task Owner, Tasker, or otherwise. "Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Wowtasks Platform to confirm details such as a User's qualification, license, certificate or other skill. Rules of Interpretation: In the Wowtasks Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) the applicable currency shall be the currency specified in Your Country Specific Terms;
(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) headings are for ease of reference only and do not affect interpretation;
(i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.