Terms and Conditions

Local Help Terms & Conditions (“Terms”)

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© 2024 Local Help and/or other copyright owners.

1. In these Terms, the following words are defined as follows:
   1. Code of Conduct means: 
      1.  All Users must not engage in any discriminatory or offensive behaviour on Local Help including but not limited to any Local Help staff and other Users. All Users must be courteous and friendly in all interactions. 
      2.  At all times, Vendors will use their best endeavours to provide quality service and display professional workmanship.
      3.  Price quotes submitted by a Vendor to the Customer will be honoured unless there is a change in size, scope, quality, value, or otherwise other element of the work. Customers acknowledge that Local Help has no liability or responsibility for price quotes submitted by Vendors. 
      4.  Appointments between Customers and Vendors to relation to any work or inspection will be conducted on time or, if unable to completed on time, with reasonable notice provided as to why the inspection or work could not be performed on time. 
      5.  Any use of Customer information by Vendors to locate Customers outside of the Site will not be tolerated and will constitute a direct breach of these Terms. 
      6.  False, misleading, or illegitimate reviews will not be posted on any forum. Any such action is a direct breach of these Terms and against law.
      7.  Fraudulent or criminal activity including but not limited to a Vendor taking a deposit and not completing the work is not permitted. 
      8.  No harassment or threats towards Local Help users or Local Help staff will be tolerated or permitted under any circumstances.
      9.  Vendors indemnify Local Help for any loss (including any Expenses as defined in these Terms) and/or liability incurred from any claim, demand, suit, action, or proceeding by any person against any of those indemnified in these Terms.
   2. Customer – any person or entity that seeks a service from a Vendor or another user through the Site, and satisfies the requirements set by Local Help in its absolute discretion to become a Customer that may be presented by and through the Site to Vendors. 
   3. Enquiries – When Customers engaged with Vendors directly as part of the Services, subject to the Terms and any other conditions set by Local Help from time to time. 
   4. Expenses – these include but are not limited to:
      1. any fees set by Local Help which are payable in advance by Vendors as a condition for accessing the Site and or other Users through the Site;
      2. recovery agent costs;
      3. repossession costs;
      4. location search costs;
      5. process server costs;
      6. solicitor costs on a solicitor/client basis;
      7. debt collection commission; and/or
      8. legal fees on an indemnity basis.
   5. Intellectual Property – this includes but is not limited to copyrighted workers, trademarks, and service marks. 
   6. Package – a subscription service where Users can opt in for Services delivered with range of items including but not limited to Quoting Credits, which Local Help may offer and change in its absolute discretion from time to time, at prices set by Local Help from time to time. 
   7. Personal Information – as defined in the Privacy Policy, including but not limited name, address, e-mail address, and any other information provided by a User when accessing the Site. 
   8. Privacy Policy – Local Help’s privacy policy available on the Site. 
   9. Quoting Credits – a fixed number of Leads set by Local Help in its absolute discretion, which may be part of a paid Package, and which are non-refundable, and non-exchangeable. 
   10. Services – allowing a User to access the Site, on an opt-in basis, to represent themselves on and through the Site as either a Customer or a Vendor, to upload content onto the Site as a Vendor after satisfying any requirements set by Local Help in its absolute discretion from time to time, and to provide Leads (as defined herein) to Vendors as defined herein. 
   11. Leads – Customers deemed suitable by Local Help, provided to Vendors in exchange for payment of fees or Quoting Credits, as determined by Local Help in its absolute discretion from time to time.
   12. Local Help (“We”/ “Us”) – Local Help Group Pty Ltd (ABN 87 670 642 529) and all past and present employees, officers, related bodies corporate, and agents. 
   13. Site – the website and web pages located at, and accessible through, the address of https://www.localhelp.com.au.
   14. Terms – the terms and conditions set out here in and as amended from time to time in Local Help’s absolute discretion.  
   15. User (“You”) – any person or entity that accesses the website at www.localhelp.com.au and its webpages at any one time, whether or not they seek to, or become, either a Customer or Vendor. 
   16. Vendor – any User that represents themselves as offering a service to Customers on and through the Site.

1. These Terms and Conditions (“Terms”) govern your relationship with us when you (“User[s]”) engage with our website and take steps to establish a relationship with other Users of our Site. When you use our Site, you agree to these Terms and therefore enter a binding legal agreement between you, use(s) of the Site and Local Help (“we/us”).

1. Each time you visit the Site, you become a User. As a User of the Site, you enter into a legal agreement under these Terms with Local Help. You can seek your own advice, but we are of course available to answer questions about our own Terms. Please read these Terms carefully like you would read any other contract or legal agreement. If you’d like to ask us any questions about these terms, we encourage you to e-mail us first at [email protected]. 
2. When you access and use the Site, doing so means you acknowledge and confirm that you have received and taken sufficient opportunity to: read and understand the Terms, had an opportunity to seek your own advice about the Terms, and you confirm and agree that you are legally bound by these Terms when you use Local Help’s Site and engage with Local Help. You don’t have to agree with these standard Terms, but if you simply do not agree to the Terms, do not use the Site. Using the Site means you agree with the Terms, but if you don’t agree with the Terms, you miss out on Local Help’s services and cannot be part of our mission to match the real needs and demands of our Users with Vendors through the Site. 
3. Each time a User accesses and/or engages with the Site in any way, whether directly or indirectly, each User agrees to conduct themselves as per the Code of Conduct.

1. Local Help, in its absolute discretion, may impose any restriction on any User at any time and without reason or notice, including but not limited to a complete ban on a User accessing the Site and immediate loss of previous rights or privileges associated with that User’s access, whether or not Local Help is reasonably satisfied that a User has not complied or will not comply with the Code of Conduct. Users and Vendors agree that Local Help has no liability whatsoever for any costs or damages arising from Local Help’s exercise of its absolute discretion in accordance with this clause.

1. Should any User (whether as a Customer or Vendor) wish to terminate their use of the Site, at least 28 days’ notice must be given in writing to Local Help, and in accordance with any other relevant policies set by Local Help in its absolute discretion from time to time.

1. When you access and use this Site, it means you also acknowledge and agree that Local Help has no involvement, responsibility, nor any liability (however so described) in the relationships, business, and transactions (however so described) between Users of the Site who seek services (Customer[s]), and Users of the Site who offer services (Vendors). Like other ‘match making’ services, Local Help is restricted to providing a forum and medium for Customers and Vendors to meet and match with each other, and has no role, whether directly or indirectly, and no liability whatsoever, in a Customer’s choice of Vendor and/or choice of a Vendor’s quote. 
2. As a ‘match making’ service with many Users who at all times are responsible for entering their own details into the Site and liable for any information or data they enter into the Site, Local Help cannot and does not make nor provide any representation or guarantee about any aspect of the services of any of the Vendors that these Vendors may provide to Customers, including but not limited to the quality, accuracy, veracity, authenticity, lawfulness, effectiveness, and/or responsiveness of the Vendors and their services.
3. Customers must engage with Vendors directly and make their own inquiries about the terms and conditions of engaging with those Vendors (Enquiries). Local Help has no involvement, responsibility, and/or liability whatsoever (however described) for the separate terms and conditions that any Vendors offer to Customers they match with on Local Help, or for any aspect of any Vendors response to Enquiries made to these Vendors as a result of usage of the Site.
4. Likewise, Local Help cannot and does not make nor provide any representation or guarantee about any aspect or (however so described, including but not limited to the accuracy of contact details) of the Customers that Vendors may match with on Local Help. To avoid doubt, Local Help has no involvement nor liability (however so described) for any aspect of the Enquiries or representations made by any Customer to any Vendors. Vendors engage and transact with Customers they meet or match with on the Site at any Vendors’ own risk. 
5. To avoid doubt, by using the Site, you accept these Terms and Conditions and in no way form a relationship of agency between you and Local Help. You acknowledge that Local Help has no liability whatsoever for any costs, losses, or damage of any kind, whether arising directly or indirectly from being a User of its Site.

1. Local Help reserves all of its rights including but not limited to its right to make any amendments in its absolute discretion to these Terms, the Site, or any of the content contained within the Site (Changes), and these Changes can and will be made without any further notice to you, or any Users, Customers, or Vendors, and without any need for any reason or explanation. For the avoidance of doubt, this includes but is not limited to changes to any price, fee, charge, or other related item set by Local Help.

Uploading and Use of Material and/or Information on the Site

1. 1. When a User visits the Site and enters any information into, or uploads any material to, the Site, the User:
      1. Warrants that:
         1. The User is authorised to convey that information and/or material to Local Help;
         2. The material and/or information:
            1. Is not defamatory or a malicious falsehood in relation to any product, service, or third party;
            2. Is not a misrepresentation or “passing off” of another product or service and does not constitute unfair competition;
            3. Does not infringe any intellectual property right including, but not limited to:
               1. Confidential information;
               2. Copyright;
               3. Trademarks;
               4. Service marks; and/or 
               5. Business names (whether or not they are registered) 
            4. The information and/or material does not infringe any laws of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth), the Fair Trading Act 1987 (NSW), and any other laws in any jurisdiction where the information and/or material is or will be available electronically to any User. 
      2. authorises Local Help and other Users on the Site to send them correspondence from time to time, including but not limited to:
         1.  e-mail;
         2. text message; and/or
         3. soft-copy, and hard-copy material. 
      3. Agrees that:
         1. the website will generate automated emails to registered users and/or website users will send emails and messages to one another through the website. Emails generated by the Site and/or sent by Local Help continue to be governed by these Terms. 
         2. It is a User’s responsibility to e-mail [email protected] if they do not wish to receive any further correspondence sent by Local Help or generated by its Site.
         3. Where material and/or information is Intellectual Property, Local Help has a perpetual, payment-free, and non-exclusive licence throughout the world to:
            1. reproduce, use, and exploit the Intellectual Property to the full extent permitted by intellectual property law in any jurisdiction in which the Site is available to users; and
            2. allow Local Help to sublicense any third party the same rights granted to Local Help in this clause 13.3.
   2. Local Help has no responsibility nor liability whatsoever for any correspondence that Users might send to one another after matching through the Site. Users of the Site communicate with other Users strictly at their own risk. 
   3. Local Help strictly does not provide any form of professional advice for any industry. Absolutely no correspondence from Local Help should be treated as a substitute for professional advice, including but not limited to correspondence generated by the Site and any content that may appear on the Site from time to time. All Users are responsible for obtaining independent professional advice for any of the services they seek from other Users through the Site.   
   4. As a Vendor, you warrant that:
      1. all services performed and or delivered will be in accordance with legislative and industry standards; and
      2. that you have and will maintain any required insurances, approvals, and/or licences as required in any jurisdiction in which services and/or products are offered or delivered, and/or where any User is based. 
   5. Any correspondence a User receives from another User through the Site cannot and should not be relied upon as professional advice. Should a User seek professional advice from another User they match with on the Site, any such professional advice must be provided on any other communication channel outside of the Site directly between Users. 

• Subject to the Privacy Policy, Local Help and/or any parties authorised by it, may collect, store, or otherwise share with third parties including but not limited to Vendors, the Personal Information received, and other information programmed by whatever means in connection with the Site, and use any such information to engage with any User for marketing purposes via any forum.

Onboarding and Use of Material on the Site

1. Local Help in its absolute discretion may set any requirements from time to time as conditions for access to and the use of its Site, including but not limited to conditions for Users to seek Customers and/or the services of any Vendors through the Site. This includes but is not limited to requiring completion of any questionnaires, paying any fee in advance as determined by Local Help in its absolute discretion, setting an expiry date to Quoting Credits, and/or satisfying any other requirement by Local Help from time to time.
2. You acknowledge that any payment to Local Help, including but not limited to any payment for Quoting Credits and or Packages, are non-refundable, and not exchangeable, except in Local Help’s absolute discretion. Local Help has no obligation to consider any refunds nor to provide reasons for the exercise of its discretion as to any refund requests. 
3. Any prices for Packages and any Services are subject to change in Local Help’s absolute discretion without notice to you.  
4. With the express prior written consent of Local Help, and after satisfaction of any requirements set by Local Help including but not limited to payment of any fees in advance, Vendors may from time-to-time upload material onto the Site, which Local Help may remove at any time and without notice or reason in its absolute discretion. 
5. Without the express written permission of Local Help, Users of the Site cannot use or modify the material on the Site (however described), including but not limited to reproduction, distribution, re-transmission by any means or channel, uploading, reposting, changing or copying any aspect of the Site’s layout, embedded software, and/or code contained in the Site, and combining with any other material on any other website or medium. 
6. Users of the Site have limited consent to download material from the Site strictly for non-commercial, personal use only, on the condition that any trademark and or copyright notices and markings on said material are not removed. Local Help reserves the right to withdraw this limited consent in its absolute discretion to download its material without notice or reason. 
7. Local Help reserves all intellectual property rights, rights under copyright laws, cybersecurity laws, or any other applicable laws, in any relevant jurisdiction, which arise from time to time from any breach of these Terms, or a breach of those laws as they apply.

Disclaimers 

1. As a User, you agree that it is your sole responsibility to make inquiries about  the credibility and capacity of any other User to be your Customer or Vendor, including but not limited to making and receiving payment for your work, and ensuring any aspect of the products or offerings to you from another User. 
2. Local Help has no liability whatsoever for the conduct or loss of any User connected in any way to the Site, including but not limited to:
   1. any representations by a User about any aspect of their profile as a Customer;
   2. any representation or warranty (whether express or implied) about any aspect of a service or product offered or delivered as a Vendor;
   3. any loss of profit experienced by a User as a vendor or in any other capacity in connection with the Site;
   4. any impact to a User as a result of any service delivered by a Vendor connected to the Site;
   5. any aspect of any Users’ selection of a Customer and/or Vendor;
   6. any payments to and from a User; 
   7. any defamatory or unlawful conduct by any User connected to the Site; and/or
   8. without limitation, any other aspect of services or transactions provided by a User or between any Users; and/or
   9. any conduct of Users which may amount to be defamatory, offensive, or illegal which may have arisen through acts or omissions of Local Help, or through any other cause.
3. Local Help does not and will not provide any advice, nor any representation, guarantee, nor warranty (however described) about any of the advice or aspect of the services provided by any User and Vendor connected with the Site. To avoid doubt, Users connected to and or through the Site are solely responsible for their obligations and liabilities to one another, whether as a Vendor or a Customer, to the exclusion of the Local Help.
   
4. By using this Site, Users agree not to take any action (including but not limited to commencing proceedings) for any liability which is excluded by these Terms and or excluded by law, and to indemnify Local Help for the cost of any claim, demand, suit, action, or proceeding by any person taken against Local Help.
5. Local Help makes no representation, provides no warranty, and accepts no liability for any cyber security, information technology, and or software risk from use of its Site, including but not limited to exposure to viruses, errors in any links to any Vendors or other Users, any malfunction and/or technical errors in the Site, and any subsequent impact to the provision of services from any of these risks or errors. 
6. Subject to applicable laws, and to avoid doubt, Local Help has no liability whatsoever for any Site-related breakdowns, and cyber security risks and breaches connected directly or indirectly to the Site, which may affect a User, including but not limited to:
   1. Phishing;
   2. Malware;
   3. Spoofing;
   4. backward trojans;
   5. ransomware;
   6. spyware;
   7. password attacks;
   8. spoofing;
   9. identity-based attacks;
   10. viruses;
   11. misappropriation of funds intended as payment to another User (including but not limited to misdirection or interception of any funds); and 
   12. the costs to a User arising from any remedy for cyber security risks and breaches. 
7. Where there is still liability outside of these Terms, and a remedy is available to a User under a Court order, or as agreed with Local Help, within the Local Help’s discretion as permitted by law, liability is limited to supplying the Services again, or the cost of having the Services supplied again, if liability for a breach arises from an implied warranty or condition that relates to the Services, and in so far as Local Help does not provide any goods, only the Services defined in these Terms.

General 

1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any of the remaining provisions.
2. These Terms are to be governed by the laws of New South Wales, without giving effect to that jurisdiction’s principles of conflict of laws.
3. Subject to you taking reasonable steps to cooperate with Local Help engage with alternative dispute resolution including but not limited to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia, you agree to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute arising from these Terms.