ASKABLE – TERMS AND CONDITIONS

This online platform (Platform) is operated by Askable Pty Ltd t/a Askable (ABN 72 621 754 096) its successors and assignees (we, our or us). It is available at: https://www.askable.com and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects users who wish to advertise market research testing or interviewing opportunities, and recruit participants to participate in those opportunities (Recruiter), with users who wish to participate in market research testing or interviewing opportunities (Participant) by facilitating introductions between Recruiters and Participants.

Acceptance

By accessing and/or using our Platform, you, each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform in accordance with these Terms.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform (including any opportunities that the minor intends to participate in through the Platform) and their account; (iii) ensure that the content on or connected with the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

  1. The Platform provides an introductory service for Recruiters and Participants.
  2. A Recruiter with a requirement for a market research project (Project) to be completed may (1) create an account on the Platform, (2) post an accurate and complete description of the Project (including the demographic, selection criteria, screening questions, incentive (Incentive), and the activities that need to be undertaken by the participants in the Project (Project Activities)) (Listing). By creating a Listing for the Project, the Recruiter confirms that s/he is legally entitled and capable of recruiting for and undertaking the Project described in the Listing.
  3. A Participant wishing to participate in a Project may (1) create an account on the Platform, (2) review the Listings uploaded by Recruiters and (3) apply to participate in the Project with the relevant Recruiter through the Platform (including completing any screening questions) (Participation Request).
  4. The Recruiter may accept a Participation Request (which becomes a Booking).
  5. We, either through our Platform or ourselves, may:
  1. assist with writing screening questions for the Listing;
  2. provide a list of Participants (including any information provided by a Participant in their account and any answers to the screening questions) who have sent a Participation Request, to the Recruiter; and
  3. manage the Participants for the Project (which will be limited to us communicating with the Participants on your behalf and scheduling in appointments for the Project Activities).
  1. The Recruiter and Participant can communicate with one another using the contact details set out in a Listing.
  2. If a Recruiter cancels a Booking after it has been scheduled, we may, in our absolute discretion, charge the Recruiter a cancellation fee (Cancellation Fee) and any associated costs (including recruitment costs, advertising costs and credit card processing fees), as may be set out on the Platform. If a Recruiter cancels a Participation Request and/or Booking, the Participant has no right to any form of compensation, unless otherwise determined by us.
  3. Once the final date for the Project has passed, the Booking will be deemed to be complete, unless the Recruiter informs us otherwise by contacting us in writing (Completed Booking).
  4. You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and the Recruiters are not our employees, contractors, partners or agents.
  5. We are not a party to any agreement entered into between a Recruiter and a Participant. We have no control over the conduct of Recruiters, Participants or any other users of the Platform. 
  6. We accept no liability for any aspect of the Recruiter and Participant interaction, including but not limited to any Liability arising from or connected with the Project, the Project Activities, the Listing or the Incentive. We do not assist or involve ourselves in any way in any dispute between a Recruiter and a Participant.

Collection Notice

  1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. We may disclose that information to either the Recruiter or a Participant (as applicable) and third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
  5. By using our Platform, you agree to keep confidential, and not use or permit any unauthorised use of, any of our confidential information or the confidential information of the Recruiter or Participant without the relevant party’s prior written consent, except where the disclosure is required by law.

Registration

  1. You can browse and view the Platform as an unregistered user of the Platform.  You must register on the Platform and create an account (Account) to access some features on the Platform.
  2. You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
  3. If you are a Recruiter, we may review your request for an Account before approving the request, and we may request additional information from you. If you do not provide us with information we reasonably request, we may refuse to create an Account for you.
  4. If you are Recruiter, you will be responsible for effecting and maintaining, and if requested providing us with details of evidence of any, public liability insurance, product liability insurance or any other insurances that may be relevant to the Project or required by law.
  5. You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to basic information, information you have permitted the social media network to share with us and any information you have made viewable to the public.
  6. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  7. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
  8. You will immediately notify us of any unauthorised use of your Account.
  9. At our sole discretion, we may refuse to allow any person to register or create an Account.
  10. You acknowledge and agree that by creating an Account and subject to our Privacy Policy, we may send, and you may receive, emails, push notifications, phone calls or any other communication from us or from third parties, relating to the Platform, including your use of the Platform and participation in a Project (including marketing materials). You may manage your Account and communications settings, including by unsubscribing to any notifications from us, through your Account settings.

Fees, Payments and Incentives

  1. It is free to register an Account on the Platform. There is no charge for a Recruiter to create a Listing, or for other Users to review content on the Platform, including Listings.
  2. We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor or vendor of any e-gift card; please review these terms and conditions before using your selected payment method.
  3. A Recruiter must pay the relevant recruitment fees set out in the Platform, the amount equivalent to the Incentive and any applicable credit card processing fees (Fees) for each Booking of a Participant. Payment will be processed: (i) immediately by credit card or (ii) in accordance with the payment method and payment dates set out in the relevant invoice issued by us. The Recruiter agrees to submit any disputes relating to the Fees to us within 30 days after the date the Fees became due and payable to us. To the maximum extent permitted by law, the Recruiter agrees to waive any disputes or claims not brought to us within the 30-day period, and all Fees will be deemed final and binding.
  4. The Recruiter may not offer a Participant an Incentive greater than $1,000.00 per Project, unless otherwise agreed with us in writing before posting the Listing.
  5. The Incentive will be paid to the Participant once the Recruiter has provided us with notice of a Completed Booking. The Participant will have the choice to obtain the Incentive through our third party payment processor, currently Paypal (or any other payment method set out on the Platform), or by e-gift card. The method selected by the Participant may affect how quickly you receive any Incentive from us.
  6. If applicable, the e-gift card will be sent to Participants by email. The e-gift card will include a unique code which will be required to redeem the e-gift card. The unique code on a e-gift card should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses a Participant’s e-gift card unique code. E-gift cards are not redeemable for cash and cannot be returned to us for a cash refund or exchanged. E-gift cards may be subject to additional terms and conditions imposed by the vendor.

Limited Payment Collection Agent

  1. Each Participant appoints us as the Participant’s limited payment collection agent solely for the purpose of accepting the Incentive from the Recruiter.
  2. The Participant agrees that payment of the Incentive by a Recruiter to us (as the Participant’s limited payment collection agent) is to be considered the same as payment made directly by the Recruiter to the Participant and the Participant will provide the Project Activities to the Recruiter as agreed, as if the Participant had received payment directly from the Recruiter.
  3. Each Participant agrees that we may refund the Recruiter in accordance with these Terms. Each Participant agrees that our obligation to pay the Participant is subject to and conditional upon successful receipt of the relevant payments from Recruiter, and the Recruiter notifying us of a Completed Booking.
  4. We guarantee payment to the Participant only for such amounts that we have successfully received from the Recruiter in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Participant, we assume no liability for acts or omissions of the Participant and/or the Recruiter.
  5. In the event that we do not remit the Incentive as set out in the payment clause above, then to the extent the non-payment was not caused or contributed to by an act or omission of the Participant or the Recruiter, the Participant will only have recourse against us and not the Recruiter directly for the non-payment.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform (including any laws that apply to a relevant Project or Project Activities); anything which we would consider inappropriate; or anything which might bring us or our Platform (or any Recruiter or Participant) into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Platform to defame, harass, threaten, menace or offend any person;
  3. obtaining or attempting to obtain any materials or information through any means not intentionally made available through our Platform;
  4. interfering with any user using our Platform;
  5. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  6. anything that might violate any local, state, national or other law (including any anti-discrimination law) or regulation or any order of a court, including, without limitation, tax regulations;
  7. using our Platform to find a Project or a Participant and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform (including by a Recruiter setting up a direct relationship with a Participant after a Participant attends a Project or after a Recruiter has contacted or approached the Participant);
  8. as a Recruiter, offering any Project that you do not intend to honour or cannot provide;
  9. as a Participant, making any Participation Requests to Recruiters that you do not intend to offer;
  10. using our Platform to send unsolicited messages; or
  11. facilitating or assisting a third party to do any of the above acts.

Participation in Project

A Participant who is accepted to take part in a Project must, in performing the Project Activities:

  1. comply with the Recruiter’s reasonable instructions;
  2. participate for the entire duration of the Project and undertake all tasks required for the completion of the Project;
  3. refrain from taking phone calls or engaging in any other interruptions during the Project;
  4. act in a good, honest, lawful, responsible, respectful and reputable manner, and consistent with the conduct that would be reasonably expected of participants in projects the same or similar as the Project;
  5. keep your own records of any Incentive obtained from the Project;
  6. agree to have the Project recorded by the Recruiter, including through audio or visual recording devices for internal research purposes;
  7. comply with any relevant laws, including any applicable Australian taxation laws and regulations (including declaring any Incentive obtained from the Project to the Australian Taxation Office); and
  8. agree with any terms and conditions of the Recruiter.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (including information of Participants or Recruiters) (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content (including information of Participants and Recruiters). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content (including information of Participants and Recruiters).

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

      1. copy or use, in whole or in part, any Content;
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
      3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
        1. altering or modifying any of the Content;
        2. causing any of the Content to be framed or embedded in another website; or
        3. creating derivative works from the Content.

If you hold a reasonable view that our Platform may infringe any of your intellectual property rights, you may contact us to request such infringing materials to be removed and we will use reasonable efforts to respond to your request within a timely manner. You acknowledge and agree that in our effort to protect the intellectual property rights of third parties, we reserve the right to suspend your Account or delete or disable infringing material.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on, through or in connection with our Platform.  By making available any User Content on, through or in connection with our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on, through or in connection with our Platform.  You represent and warrant that:

      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or in connection with our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

      1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
      2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 
      3. The goods and services provided by a Recruiter and/or Participant might also confer you certain Statutory Rights.

Notice regarding Apple

      1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
      2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
      3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
      4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
        1. product liability claims;
        2. any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
        3. claims arising under consumer protection or similar legislation.
      5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
      6. You agree to comply with any applicable third-party terms when using our mobile application.
      7. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
      8. You hereby represent and warrant that:
        1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
        2. you are not listed on any U.S. Government list of prohibited or restricted parties.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, User Content, Recruiters, Participants, Projects, Project Activities or Listings including (without limitation) that:

      1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
      2. access will be uninterrupted, error-free and free from viruses; or
      3. our Platform will be secure.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

      1. our maximum aggregate Liability arising from or in connection with these Terms (including the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the 12-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

      1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 
        1. event or circumstance beyond our reasonable control (including natural events such as fires, or events that may occur in the location where the Project and/or Project Activities take place);
        2. acts or omissions of you or your personnel, including the Project conducted by the Recruiter (and any sexual harassment occurences, harmful occurrences or occupational health and safety events) and the Project Activities performed by the Participant, at any location where the Project and/or Project Activities take place;
        3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
        4. third party sites or services linked to/from our Platform;
        5. unauthorised use or access to any of your information;
        6. use of the Platform and/or Content;
        7. use of or reliance on the User Content, the Recruiters or the Participants;
        8. tax obligations that may arise from your use of the Platform;
        9. disputes arising between the Recruiter and the Participant;
        10. interaction you have with other users whether in person or online;
        11. any injury, death or loss to any person (including any injury, death or loss suffered or incurred by any person who is, travelling to or from the Project Location and participating in the Project Activities);
        12. Content which is incorrect, incomplete or out-of-date; or
        13. breach of these Terms or any law.
      2. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
      3. This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you, or any of your acts or omission. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Refund and Cancellation Policy

      1. The cancellation, exchange or refund of any Fees (including the Incentive) on this Platform is a matter between the relevant Recruiter and Participant, subject to the following clauses (b) to (g).
      2. The Fees (including the Incentive) will be payable by the Recruiter:
        1. if the Recruiter unreasonably cancels a Booking within 24 hours from the time the Project is to take place; and
        2. if the Recruiter cancels a Booking within 12 business hours from the time the Project is to take place.
      3. The Recruiter acknowledges and agrees that the general timeframe to book a replacement Participant for a Project is between 6 to 12 business hours. Accordingly, in the case of a Participant’s cancellation of his/her Participation Request, a Recruiter may use our Platform to recruit another Participant.
      4. We agree to provide either a replacement Participant or a credit of the relevant Fee, if the Participant cancels the Booking or does not complete the Project Activities in accordance with these Terms. The Recruiter acknowledges and agrees that, to the maximum extent permitted by law, we will not be liable for any amount (including the Fee) if the Participant was not an appropriate candidate or did not meet the requirements of the Project.
      5. The Incentive is only payable from the Recruiter to the Participant for Completed Bookings where the Participant completed the Project Activities in accordance with these Terms.
      6. If, for any reason, an Incentive cannot be transferred or otherwise made to a Participant, including if the Participant does not provide accurate payment details, or returned to the Recruiter (as the case may be), or no claim is otherwise made for the Incentive, the Incentive will remain in our escrow account until paid or otherwise for up to three months from the date the Incentive was originally paid into the escrow account.
      7. The pre-purchasing of credits is available and can be used throughout the active period (usually 12 months from the payment date). The credits in your account beyond the 12-month period will then expire and no refund will be given for unused credits.
      8. Following the three months outlined in clause (f) and provided there is still no dispute in respect of the Incentive, the Incentive will be automatically credited to the Recruiter.

Reasonable use regarding credits

      1. When redeeming credits (prepaid purchases) the interview time per participant will not exceed one hour in duration. The credit purchase contains a reasonable incentive for the participant to attend and compensates them for their time. Exceeding one-hour in duration while interviewing participants is deemed as unreasonable.
      2. When sourcing highly value or niche participants the incentive contained within a credit may not be reasonable to compensate the participant adequately. Askable Pty Ltd reserves the right to decline a credit booking if the value of the incentive exceeds the net value of the purchased credit. 

Termination

      1. You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Participant, any Bookings will be automatically cancelled and the Recruiter will not be responsible to pay (or will receive a full refund of) the applicable Fees. If you cancel your Account as a Recruiter, any Bookings will be automatically cancelled and any refund will depend on our refund and cancellation policy.
      2. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
      3. At our sole discretion, we may suspend your Account (or any false, alias or alternate accounts we reasonably suspect to be you) or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Recruiter your Listings at any time fail to meet any applicable quality or eligibility criteria, (iii) as a Participant, we have received complaints about you including as to repeated cancellations, no-show attendance of Bookings, failure to follow directions, failure to undertake the Project Activities or failure to respond to communications from the Recruiter.

Unsolicited Ideas and Feedback

We welcome your feedback, ideas and suggestions (Suggestions). If you send us any Suggestions, you agree that such Suggestions become our property and you are not owed any compensation in exchange. You agree that we may use or distribute the Suggestion for any purpose and in any way. You warrant that the Suggestion does not contain confidential or proprietary information of any third party.

Disputes

We encourage Recruiters and Participants to attempt to resolve disputes with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) the parties agree that the Dispute shall be resolved by arbitration in accordance with the Australian Dispute Centre’s Rules for Domestic Arbitration. You may opt out of the agreement to arbitrate by sending us notice in writing.

Insurance

We recommend that the Recruiters obtain appropriate insurance for undertaking the Project. If you are a Recruiter and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy. 

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected. 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Askable Pty Ltd t/a Askable (ABN 72 621 754 096)

Email: viv@askable.com

Last update: 12 June 2018