Contractor Terms and Conditions
- As a User of the Site, you are also bound by the general terms and conditions of use (“Terms”), in addition to the contractor terms and conditions (“Conditions”) below. Defined terms have corresponding meanings in the Conditions as they do in the Terms, unless otherwise defined in these Conditions. For the purposes of these Conditions “Contractor” is also interchangeable with “you” and “your”.
- The account/profile is the responsibility of the Contractor and you must maintain control of it. It must not be transferred to another person as your account and reviews reflect your skills and abilities.
- All Contractors must be 18 years of age or older. Jim’s Plus reserves the right to request proof of age should this be necessary.
- All Contractors must be legally entitled to work in Australia and perform the Services.
- If the Enquirer has accepted your Offer (quote), you are obliged to complete the Enquiry.
- Upon the creation of a Contract, the Contractor must pay Jim’s Plus the Fee.
- All Fees and charges payable to Jim’s Plus are non-cancellable and non-refundable, subject to your rights under any Australian Consumer Law if applicable.
- Jim’s Plus may set-off any Fees against any monies held by Jim’s Plus.
- Jim’s Plus may restrict a Contractors account until all Fees have been paid.
- If you do not pay monies owed by the date the payment is due, Jim’s Plus will notify you and request immediate payment. If you fail to pay the overdue amount within a reasonable time as set out in the notice, we may:
- Charge You a late payment fee of $15.00
- Suspend, cancel or limit your access to the Site. If Jim’s Plus suspends or cancels your access, we may charge you a suspension fee or cancellation fee. If your account is cancelled, you may have to pay a reactivation fee for the reactivation of your account. If your account is cancelled due to non-payment the default leading to the cancellation may be disclosed to a credit reporting agency, collection agency and may be added to your credit file with a credit reporting agency;
- Engage a debt collection agent to recover the money you owe us or institute legal proceedings against you to recover the money you owe us. You must reimburse us any reasonable costs that we incur in pursuing payment of amounts you owe us; and
- On-sell any unpaid amounts to a third party. If we do this, any outstanding amounts will be payable to that third party. We will notify you within 30 business days that any unpaid amounts you owe us have been sold to a third party (or arrange for the purchaser to notify you of this).
- Uploading information
- You represent and warrant in relation to any material and/or information you provide to the Site that:
- you are authorised to provide the material and/or information and service that you represent;
- the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
- the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
- the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the each State therein including, but not limited to Australian Consumer Law and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the material and/or information is or will be available electronically to users of the Site.
- Suspension and Termination of Business User Accounts
- Contractors may have their access to the Site suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:
- providing false or inaccurate information during business registration or when quoting on the website;
- providing false or inaccurate information to Jim’s Plus employees or agents;
- receiving in aggregate more than 2 negative feedback ratings or complaints from Users in relation to Contractor (2 strikes and you’re out policy);
- submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.
- Jim’s Plus allows users of the website to rate and comment on the performance of Contractors whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.
- Jim’s Plus reserves the right to publish or not to publish those ratings and comments (feedback) on the Site at its absolute discretion.
- Jim’s Plus reserves the right to delete or modify feedback submitted on the website at any time for any reason.
- Jim’s Plus reserves the right to aggregate each Contractors feedback into a percentage score and publish that score on the Site.
- In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Jim’s Plus accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the Site, and you, by these Terms and Conditions, release forever and indemnify Jim’s Plus from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the Site.
- Further you agree that, if you or anyone else commences or threatens any action or proceeding against Jim’s Plus or makes any claim or demand against Jim’s Plus as a result of any feedback you submit to the Site, Jim’s Plus may in it’s absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
- The Contractor acknowledges he or she is an independent contractor and Jim’s Plus does not maintain insurance in respect of accident or illness of the Franchisee and that the Franchisee is not subject to the provisions of any statutory workers’ compensation by Jim’s Plus.
- The Contractor will obtain and maintain at its expense;
- A minimum of $20 million public liability insurance cover;
- extended third party insurance in respect of any motor vehicle used by the Contractor;
- professional indemnity if the nature of the work conducted by the Contractor is such that professional indemnity insurance is required or if required by Jim’s Plus;
- any other insurance that may be required by Law in the State or Territory in which the Contractor is operating.
- In the event the Contractor does not have full, adequate and up to date insurance, then Jim’s Plus reserves the right to suspend or delete the Contractors account and profile and may permanently bar the Contractor from creating an account or profile.
- The Contractor must provide a copy of its certificate of currency prior to entering into a Contract.
- Either you or Jim’s Plus may terminate your account and these Conditions at any time for any reason.
- Termination of these Conditions does not affect any Contract that has been formed between Jim’s Plus Users. If you have entered a Contract, you must comply with the terms of that Contract including providing the Services or making any payment as applicable.
- Sections x4 (Fees), 13 (Limitation of Liability) and (indemnity) and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Conditions.
- If your account or these Terms are terminated for any reason then you may not without Jim’s Plus’s consent (in its absolute discretion) create any further accounts with Jim’s Plus and we may terminate any other accounts you operate.
- Limitation of Liability
- Subject only to terms implied or imposed by the Competition and Consumer Act 2010 or rights of action created thereunder which cannot be excluded or modified, Jim’s Plus shall not be responsible or liable for damage, injury or loss of any kind whatsoever, to any property or persons howsoever caused arising out of or in connection with the use of the Site or Services whether such loss arises directly or indirectly.
- Jim’s Plus excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Jim’s Plus’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Jim’s Plus’s option, to the re-supply of the relevant Jim’s Plus service or a refund.
- Notwithstanding any other provision within these Terms and subject only to terms implied or imposed by the Competition and Consumer Act 2010, Jim’s Plus shall not be liable for any consequential, special, economic, incidental or indirect losses including, but not limited to, loss of production or production stoppage, loss of profit or anticipated profit, loss of revenue or other form of consideration, loss of income or anticipated savings, loss of use, loss of contract, loss of data, loss of goodwill or reputation, loss of opportunity, business interruption, holding over or overhead loss, loss of future business or for any punitive or exemplary damages whatsoever arising out of or in relation to these Terms.
- The maximum liability of Jim’s Plus is equivalent to the total of any amounts you have paid to Jim’s Plus in respect of goods or services supplied to you by Jim’s Plus or $500, whichever is less.
- These Conditions are governed by the laws of Victoria, Australia. You and Jim’s Plus submit to the exclusive jurisdiction of the courts of Victoria, Australia.
- The provisions of these Conditions are severable, and if any provision of these Conditions are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- These Conditions may be assigned or novated by Jim’s Plus to a third party without your consent. In the event of an assignment or novation User will remain bound by these Conditions.
- These Conditions sets out the entire understanding and agreement between the Contract and Jim’s Plus with respect to its subject matter.
- No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Conditions. In particular you have no authority to bind Jim’s Plus, its related entities or affiliates in any way whatsoever. To the extent permitted by law, Jim’s Plus specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of the Contract.
Customer Terms and Conditions
General Terms and Conditions of Use
- By using the Site you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
- The Terms (as published on the Site) together with any additional terms, conditions, notices and disclaimers published on the Site and any documents available for download on the Site regulate your use of the Site and Jim’s Plus services.
- Through your use of the Site and Jim’s Plus services, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the Site.
- All Terms that govern your use of the Site (including disclaimers) may be amended by Jim’s Plus from time to time by posting those amendments on the Site without any notice to you. Those amendments apply to your next usage of the Site. You are responsible for ensuring that you regularly review the Site and these Terms and Conditions. Your continued use of the Site after any such changes are made will be deemed to constitute your acceptance of those changes.
- If you object to any of the Terms or any subsequent changes to them, or become dissatisfied with your use of the Jim’s Plus service in any way, your only remedy is to immediately stop using the services of Jim’s Plus and the Site.
- From time to time the Site will generate automated emails to Users or Users will send emails and messages to one another through the Site. Emails sent by the Site or through the Site are considered a part of the Jim’s Plus Site. Should you no longer wish to receive our emails, you may click on the unsubscribe link located in each email received, and/or you may contact us at 1300 462 589 or email us at support@Jim’s Plus.com
- If hyperlinks and other redirection tools taking the user to other Sites operated by third parties appear on the Site, you acknowledge that these Sites (Outside Sites) are not controlled by Jim’s Plus and do not form part the Jim’s Plus Site and agree that you will not hold Jim’s Plus liable or in any way accountable for anything that occurs on Outside Sites.
- Jim’s Plus aspires to connect quality businesses and quality customers. Jim’s Plus provides a platform for Businesses and Customers to match their needs and requirements for the provision of services. YOU ACKNOWLEDGE AND AGREE THAT Jim’s Plus IS IN NO WAY DIRECTLY INVOLVED IN ANY TRANSACTIONS BETWEEN CUSTOMERS AND BUSINESSES AND ONLY PROVIDES THIS MEDIUM TO FACILITATE THE INTRODUCTION OF CUSTOMERS AND BUSINESSES. Jim’s Plus IN NO WAY GUARANTEES THE SERVICES OF THE BUSINESSES NOR DOES IT PROVIDE ANY GUARANTEES AS TO THE AUTHENTICITY AND FINANCIAL VIABILITY OF THE CUSTOMERS OR CONTRACTORS.
- Jim’s Plus is not involved in the actual transaction between Users and Contractors after being introduced via the Site.
- Jim’s Plus, uses its reasonable endeavours to ensure contractors are accredited and/or is licensed but we have no control over the quality, safety or legality of the items or content posted on the Site by any User, the truth or accuracy of any posting, the ability of any Contractor to provider services or the ability of a User to buy services. We cannot censure and do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
- Jim’s Plus cannot and does not confirm each User’s purported identity.
- Scope of Jim’s Plus Service
(a) Jim’s Plus provides the Jim’s Plus platform to enable Users to publish an Enquiry.
(b) Contractors may make provide a quote, or an estimate of costs (‘Offer’) in response to an Enquiry. Partial details of an Enquiry may be made publicly available, including to internet users who are not Users.
(c) An Enquirer may revoke or modify an Enquiry at any time before he/she accepts an Offer. Jim’s Plus reserves the right to cancel all Offers on an Enquiry made prior to the modification or amendment.
(d) If an Enquirer accepts an Offer on the Jim’s Plus platform, a Contract is created between the Contractor and the Enquirer.
(e) The Contractor must perform the Services required under the Contract.
- Jim’s Plus Role and Obligations
- (a) Jim’s Plus provides the Jim’s Plus platform only, enabling Users to publish Enquiries and make Offers on Enquiries.
(b) Jim’s Plus only permits individuals over 18 years of age to become Users.
(c) At its absolute discretion, Jim’s Plus may refuse to allow any person to register or create an account with Jim’s Plus or cancel or suspend any existing account.
(d) Jim’s Plus accepts no liability for any aspect of the Enquirer and Contractor interaction, including but not limited to the description, performance or delivery of Services.
(e) Jim’s Plus 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 Contractors to perform tasks or supply items, or the honesty or accuracy of any information provided by Enquirers or the Enquirer’s ability to pay for the Services requested.
(f) Jim’s Plus has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve User experience.
- User Obligations
- (a) You will at all times:(i) comply with these Terms (including all Policies) and all applicable laws and regulations;
(ii) only post accurate information on the Site;
(iii) promptly and efficiently perform obligations to other User under a Contract; and
(iv) ensure that you are aware of any laws that apply to you as an Enquirer or Contractor, or in relation to using the Site.(b) You agree that any content (whether provided by Jim’s Plus, a User or a third party) on the Site may not be used on third party sites or for other business purposes without Jim’s Plus’s prior permission.
(c) You may only have a single, active account on the Site.
(d) You must not use the Site for any illegal or immoral purpose.
(e) You must maintain control of your Jim’s Plus 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.
(f) You grant Jim’s Plus an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Site for the purpose of publishing material on the Site and as otherwise may be required to provide the Service, for the general promotion of the Service, and as permitted by these Terms.
(g) You agree that any information posted on the Site must not, in any way whatsoever, be potentially or actually harmful to Jim’s Plus or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Jim’s Plus.
(h) Without limiting any provision of this Agreement, any information you supply to Jim’s Plus or publish in an Enquiry must be up to date and kept up to date and must not:
(i) be false, inaccurate or misleading or deceptive;
(ii) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(iii) be fraudulent or false;
(iv) 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);
(v) be defamatory, libellous, threatening or harassing;
(vi) be sexually explicit, obscene, offensive or contain any material that, in Jim’s Plus’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(vii) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Site, 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.
- Limitation of Liability
- (a) Subject only to terms implied or imposed by the Competition and Consumer Act 2010 or rights of action created thereunder which cannot be excluded or modified, Jim’s Plus shall not be responsible or liable for damage, injury or loss of any kind whatsoever, to any property or persons howsoever caused arising out of or in connection with the use of the Site or Services whether such loss arises directly or indirectly.
(b) Jim’s Plus excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Jim’s Plus’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Jim’s Plus’s option, to the re-supply of the relevant Jim’s Plus service or a refund.
(c) Notwithstanding any other provision within these Terms and subject only to terms implied or imposed by the Competition and Consumer Act 2010, Jim’s Plus shall not be liable for any consequential, special, economic, incidental or indirect losses including, but not limited to, loss of production or production stoppage, loss of profit or anticipated profit, loss of revenue or other form of consideration, loss of income or anticipated savings, loss of use, loss of contract, loss of data, loss of goodwill or reputation, loss of opportunity, business interruption, holding over or overhead loss, loss of future business or for any punitive or exemplary damages whatsoever arising out of or in relation to these Terms.
(d) The maximum liability of Jim’s Plus is equivalent to the total of any amounts you have paid to Jim’s Plus in respect of goods or services supplied to you by Jim’s Plus or $500, whichever is less.
- You indemnify and release Jim’s Plus and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms or your violation of and law or the rights of a third party.
(b) Jim’s Plus and/or people authorised by it, may gather and process the information:
(i) which you may provide when accessing the Site, such as your name, address, email address and other personal information about you; and
(ii) programmed during the accessing of the Site.
(c) Jim’s Plus may use the information acquired through the Site to engage in direct marketing to you in any medium.
(d) Jim’s Plus reserves the right to share your contact details with Contractors.
- (a) Either you or Jim’s Plus may terminate your account and these Terms at any time for any reason.
(b) Termination of these Terms does not affect any Contract that has been formed between Jim’s Plus Users. If you have entered a Contract, you must comply with the terms of that Contract including providing the Services or making any payment as applicable.
(c) Clause 16(Limitation of Liability) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Terms.
(d) If your account or these Terms are terminated for any reason then you may not without Jim’s Plus’s consent (in its absolute discretion) create any further accounts with Jim’s Plus and we may terminate any other accounts you operate.
- Intellectual Property
- (a) When registering your account, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the Site including without limitation: comments, forum posts, public messages, reviews, ratings and the compilation of any inspiration board (but not including the contents of any advertisement, advertiser’s profile, or any Enquiries). You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms, and your use of the Site constitutes your agreement to these Terms.
(b) The entire contents and design of the Site, including all trade marks, designs, logo, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
- (a) Jim’s Plus does not warrant, guarantee or make any representation that:
(i) the Site, or the server that makes the Site available are free of software viruses;
(ii) the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and
(iii) errors and defects in the Site will be corrected.
(b) Jim’s Plus is not liable to you for:
(i) errors or omissions in the Site;
(ii) delays to, interruptions of or cessation of the services provided in the Site; and
(iii) defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of Jim’s Plus, its employees or independent contractors, or through any other cause.
(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.
- (a) These Terms are governed by the laws of Victoria, Australia. You and Jim’s Plus submit to the exclusive jurisdiction of the courts of Victoria, Australia.
(b) The provisions of these Terms are severable, and if any provision of these Terms are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
(c) These Terms may be assigned or novated by Jim’s Plus to a third party without your consent. In the event of an assignment or novation User will remain bound by these Terms.
(d) These Terms sets out the entire understanding and agreement between User and Jim’s Plus with respect to its subject matter.
- Promotions & Competitions
- If Jim’s Plus runs promotions or competitions involving the awarding of prizes or other gifts, Jim’s Plus may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the Site at the time of such promotions and competitions.
- Updates to Website
- Jim’s Plus may from time to time and at any time change or discontinue any feature of the Site including content, hours or availability, the terms and conditions and equipment required for access without notice to Users.
- (a) “Jim’s Plus” “we” “us” “our” means Jim’s Group Pty Ltd ACN 101 925 268 trading as Jim’s Plus.
(b) “Contract” means the contract formed between and Enquirer and a Contractor on the Site for the provision of services.
(c) “Contractor” means a person, company or other legal entity that has created a contractor profile.
(d) “Enquirer” means a User that posts an Enquiry on the Site in search of particular Services.
(e) “Enquiry” means a request for a quote for services from a contractor, or a general job post on the site by an Enquirer.
(f) “Fee” means the fee payable by the Contractor to Jim’s Plus for entering into a Contract or use of the Site.
(g) “Offer” means an offer made by a Contractor in response to an Enquiry to perform the Services, by provision of a quote, estimate or otherwise.
(h) “Services” means the services to be rendered as described in the Job Task, including any variations or amendments agreed before or subsequent to the creation of a Contract.
(i) “Site” means the Jim’s Plus website and platform at https://Jim’s Plus.com.
(j) “User” “you” “your” means the person who has signed up to use the Site, whether as an Enquirer, Contractor or otherwise.