Terms and Conditions

The Folk2Super.com terms and conditions (updated February 2020) outline Folk2Super.com’s and your obligations and responsibilities on the Folk2Super.com Platform.

User Agreement: Folk2Super.com

Folk2Super.com operates an online platform allowing Users to connect through the Folk2Super.com Platform with other Users who provide Services.

Please read these terms and all Policies, including the Privacy Policy and the Community Guidelines, carefully before using the Folk2Super.com Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the Folk2Super.com Glossary.

Scope of Folk2Super.com Services

1.1 Folk2Super.com provides the Folk2Super.com Platform to enable Service Providers to publish Services Available.
1.2 Service Providers may provide a quote in response to an enquiry. Some parts of quote details may be made publicly available, including to internet users who are not Users.
1.3 Service Providers may revoke or modify a Service at any time before he/she accepts a job. A Folk2Super.com Service Provider reserves the right to cancel all jobs on a Service made prior to the modification or amendment.
1.4 If a Service Provider accepts a job on the Folk2Super.com Platform, a Service Contract is created between the Service Requester and the Service Provider.
1.5 Upon creation of a Service Contract, the Service Requester must pay the Agreed Price either into the Paypal Account or in cash or deposited directly in to the Service Provider’s nominated bank account.
1.6 Once the Service Contract is created, the User and Service Providers may vary the Service Contract on the Folk2Super.com Platform. The Service Providers and User are encouraged to use Folk2Super.com’s private messaging system to amend or vary the Service Contract (including the Agreed Price) or to otherwise communicate.
1.7 The Service Provider must perform the Services required under the Service Contract, including in accordance with any additional terms or conditions agreed by the parties.
1.8 Once the Services are complete, the Requester must provide notice of that on the Folk2Super.com Platform.
1.9 Once the Services are complete, the Service Providers must provide notice of that on the Folk2Super.com Platform.
1.10 Once the Service has been completed and the Service Providers confirm the Services are completed, or if Folk2Super.com is satisfied the Services have been completed, the contract is deemed fulfilled.
1.11 After the Service Contract is completed, the parties are encouraged to review and provide feedback on the Services on the Folk2Super.com Platform.
1.12 Folk2Super.com may provide a feature enabling Users to request Services based on another User’s skills, reputation or other attributes.

Folk2Super.com’s Role and Responsibilities

2.1 Folk2Super.com provides the Folk2Super.com Platform only, enabling Users to publish Services and make Quotes on Services.
2.2 Folk2Super.com only permits individuals under 18 years of age to become Service Providers with a Parent or Legal Guardian’s consent.
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, Folk2Super.com may refuse to allow any person to register or create an account with Folk2Super.com or cancel or suspend any existing account.
2.5 Registering and creating an account with Folk2Super.com is subscription based. There is a set charge for a Service Provider to post services, or for other Folk2Super.com Users to review content on the Folk2Super.com Platform, including Services.
2.6 Folk2Super.com accepts no liability for any aspect of a Service Providers and Service Requester interaction, including but not limited to the description, performance or delivery of Services.
2.7 Folk2Super.com 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 Service Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Service Providers or the Service Requesters’ ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the Folk2Super.com 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 Folk2Super.com has no obligation to any User to assist or involve itself in any dispute between Users, although it may do so to improve the User experience.

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 Folk2Super.com Platform;
(c) promptly and efficiently perform obligations to other User under a Service Contract; and
(d) ensure that You are aware of any laws that apply to You as a Service Providers or user in relation to using the Folk2Super.com Platform.

3.2 You agree that any content (whether provided by Folk2Super.com, a User or a third party) on the Folk2Super.com Platform may not be used on third party sites or for other business purposes without Folk2Super.com’s prior permission.
3.3 You must not use the Folk2Super.com Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Folk2Super.com account and must not deal your account in any way, including by 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 Folk2Super.com an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Folk2Super.com Platform for the purpose of publishing material on the Folk2Super.com Platform and as otherwise may be required to provide the Folk2Super.com Service, for the general promotion of the Folk2Super.com Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Folk2Super.com Platform must not, in any way whatsoever, be potentially or actually harmful to Folk2Super.com or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Folk2Super.com.
3.7 Without limiting any provision of this Agreement, any information You supply to Folk2Super.com or publish in a Service (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, anti-discrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Folk2Super.com’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 Folk2Super.com 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 Folk2Super.com Platform may from time to time engage location-based or map-based functionality. The Folk2Super.com Platform may display the location of Service Providers s and Service Requesters to persons browsing the Folk2Super.com Platform. Each Service Requester will be asked to provide the street and suburb where the Services are to be delivered. A Service Provider should never disclose personal details such as the Service Requester’s full name, street number, phone number or email address in a Service or in any other public communication on the Folk2Super.com Platform.
3.9 If You are a Service Provider, You must have the right to provide Services under a Service Contract and to work in Australia. You must comply with tax and regulatory obligations in relation to any payment received under a Service Contract.
3.10 Service Providers must provide Services to Service Requesters in accordance with the Service Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
3.11 You must not, when supplying Services, charge a Service Providers any fees on top of the agreed fee. However, the parties to a Service Contract may agree to amend the Agreed Price through the Folk2Super.com Platform.
3.12 If Folk2Super.com determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Service or Offer You have submitted to the Folk2Super.com Service or cancel or suspend Your account and/or any Service Contracts.
3.13 If a Service Requester agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Service Requester is solely responsible for obtaining any reimbursement from the Service Providers. Folk2Super.com advises Service Providers not to agree to incur costs in advance of receiving the payment for these costs, unless the Service Requester is confident the Service Providers will reimburse the costs promptly.

Payments and Refunds

5.1 If:

(a) the Service Providers and the Service Requester mutually agree to cancel the Service Contract; or
(b) following reasonable attempts by a Service Requester to contact a Service Providers to perform the Service Contract, the Service Contract is cancelled;

5.2 If a Service Contract is cancelled:

(a) Folk2Super.com will retain the Service Fee in accordance with clause 4.1; and

5.3 If the parties agree to any additional cancellation fee payable under the Service Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

Third Party Services

6.1 Folk2Super.com may from time to time include Third Party Services on the Folk2Super.com Platform. These Third Party Services are not provided by Folk2Super.com.
6.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Folk2Super.com Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
6.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
6.4 Folk2Super.com makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Folk2Super.com Platform, Users may inform Folk2Super.com of their Third Party Service experience here.

Feedback

7.1 You can complain about any comment made on the Folk2Super.com Platform using the ‘Report’ function of the Folk2Super.com Platform or contact Folk2Super.com via the Folk2Super.com Platform.
7.2 Folk2Super.com is entitled to suspend or terminate Your account at any time if Folk2Super.com, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Folk2Super.com Users.

Limitations of Liability

8.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Folk2Super.com 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 Service Providers s and Service Providers .
8.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Folk2Super.com 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 Folk2Super.com Platform.
8.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Folk2Super.com is not liable for any Consequential Loss arising out of or in any way connected with the Folk2Super.com Services.

Privacy

9.1 Folk2Super.com’s Privacy Policy, which is available at www.Folk2Super.com/privacy, applies to all Users and forms part of this Agreement. Use of the Folk2Super.com Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your Personal Information in accordance with Folk2Super.com’s Privacy Policy.
9.2 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.
9.3 Folk2Super.com will endeavour to permit you to transact anonymously on the Folk2Super.com Platform. However in order to ensure Folk2Super.com can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Folk2Super.com reserves the right to ask Users to verify themselves in order to remain a User.

Modifications to the Agreement

10.1 Folk2Super.com may modify this Agreement or the Policies (and update the Folk2Super.com pages on which they are displayed) from time to time. Folk2Super.com will send notification of such modifications to Your Folk2Super.com account or advise You the next time You login.
10.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Folk2Super.com Platform in any manner, including engaging in any acts in connection with a Service 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.
10.3 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 Folk2Super.com who will terminate Your Folk2Super.com account, and stop using the Folk2Super.com Service.

No Agency

11.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Folk2Super.com, its related entities or affiliates in any way whatsoever. Folk2Super.com confirms that all Third Party Services that may be promoted on the Folk2Super.com Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Folk2Super.com 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.

Notices

12.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Folk2Super.com’s contact address as displayed on the Folk2Super.com Platform, or to Folk2Super.com 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 Australia.

12.2 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.

Mediation and Dispute Resolution

13.1 Folk2Super.com encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Folk2Super.com may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
13.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
13.3 Folk2Super.com may elect to assist Users resolve disputes. Any User may refer a dispute to Folk2Super.com. You must co-operate with any investigation undertaken by Folk2Super.com. Folk2Super.com reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users. You may raise your dispute with the other User or Folk2Super.com’s determination in an applicable court or tribunal.
13.4 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.
13.5 If You have a complaint about the Folk2Super.com Service please contact us.
13.6 If Folk2Super.com 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 indemnify Folk2Super.com against any claims relating to any other use of information not permitted by this Agreement.

Termination

14.1 Either You or Folk2Super.com may terminate your account and this Agreement at any time for any reason.
14.2 Termination of this Agreement does not affect any Service Contract that has been formed between Folk2Super.com Users. If You have entered a Service Contract You must comply with the terms of that Service Contract including providing the Services or paying the Agreed Price as applicable.
14.3 Third Party Services are subject to Third Party Service provider terms and conditions.
14.4 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.
14.5 If Your account or this Agreement are terminated for any reason then You may not without Folk2Super.com’s consent (in its absolute discretion) create any further accounts with Folk2Super.com and we may terminate any other accounts You operate.

General

15.1 This Agreement is governed by the laws of Australia. You and Folk2Super.com submit to the exclusive jurisdiction of the courts of Australia.
15.2 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.
15.3 This Agreement may be assigned or novated by Folk2Super.com to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
15.4 This Agreement sets out the entire understanding and agreement between the User and Folk2Super.com with respect to its subject matter.

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