Terms & Conditions - Help Connect Australia

Membership Terms

Services provided by the Help Connect Australia Platform

The Help Connect Australia Platform provides marketing services to Customers, being an online portal through which Service Providers (and the Services they provide) promote themselves and any Services the subject of a Service Registration to Customers
The Customer acknowledges that the Help Connect Australia Platform provides a mechanism that facilitates the communication between it and a Service Provider, which they might use to effect a transaction
Without limiting clauses 1 and 2, the Help Connect Australia Platform is a conduit, through which Service Providers make their Services known to prospective Customers, through which the Customer and Service Provider meet and, as a result of which they reach agreement between themselves, under which the Customer engages the Service Provider and the Service Provider provides Services under that engagement
The Customer acknowledges that the Help Connect Australia Platform provides no services to the Customer, other than as described in clause 2

Customer Registration

Customer Registration is completed and the Customer is considered a Customer for the purposes of these Terms on that person receiving written confirmation from Help Connect Australia to that effect (Registration Confirmation)
A Customer Registration applies from the date of the Registration Confirmation and ceases to apply when cancelled in accordance with these Terms

Service Registrations and engaging Service Providers

The Customer acknowledges that any Service Registration published on the Help Connect Australia Platform is published by the Service Provider and not Help Connect Australia. Help Connect Australia does not endorse or warrant the truth of any statement made in a Service Registration
Help Connect Australia does not necessarily review or assess any Service Registration and does not warrant that the information in that Service Registration is accurate or complete or that the information contains no errors or is not misleading and deceptive
The Customer acknowledges that Help Connect Australia is not a party to, and is not otherwise involved in, any transaction concluded between it and a Service Provider as a result of or otherwise following the services provided by Help Connect Australia through or by operation of the Help Connect Australia Platform. Help Connect Australia is a disinterested third party to that transaction and the Services provided by the Service Provider as part of that transaction

Prohibited use of the Help Connect Australia Platform

The Customer may use the Help Connect Australia Platform to:

view material published by Service Providers; and
communicate with Service Providers to engage them to provide Services,

The Customer must not in any way republish any information displayed or otherwise contained in the Help Connect Australia Platform, including any Service Registration
The Customer must not modify any Service Registration on the Help Connect Australia Platform
The Customer must not conduct any systematic or automated data collection activities, including scraping, data mining, data extraction and data harvesting, on or in relation to the Help Connect Australia Platform
The Customer warrants that he or she is not resident in the United Kingdom or any country in the European Union
The Customer must not use the Help Connect Australia Platform if resident in either the United Kingdom or any country in the European Union

Cancelling and suspending Customer Registration

Help Connect Australia may by notice in writing to the Customer cancel or suspend that Customer’s Customer Registration if the Customer breaches any of the Terms and fails to remedy that breach within five (5) days
Help Connect Australia may by notice in writing to the Customer cancel or suspend that Customer’s Customer Registration with immediate effect if the Customer breaches any of the Terms and that breach is not capable of remedy
Help Connect Australia may by notice in writing to the Customer cancel or suspend that Customer’s Customer Registration with immediate effect if the Customer breaches any of the Terms and Help Connect Australia, on reasonable grounds, considers that the effect or likely effect of that breach is to materially and adversely affect the business or reputation of the Help Connect Australia Platform
Without limiting clause 16, Help Connect Australia may cancel or suspend a Customer Registration if the Customer engages in any conduct in connection with the Help Connect Australia Platform or in his or her relationship with a Service Provider that Help Connect Australia, in its reasonable opinion, considers unacceptable
Any suspension of a Customer Registration under these Terms may be for whatever period Help Connect Australia considers appropriate and is brought to an end, with the Customer Registration reinstated, by notice in writing to the Customer
Any suspension of a Customer Registration is for a period stated by Help Connect Australia in the notice effecting the suspension, as extended or shortened by any further notice in writing provided by Help Connect Australia
Help Connect Australia may cancel a Customer Registration by notice in writing with immediate effect if it publishes on the Help Connect Australia Platform any amendment to these Terms and the Customer fails to accept and agree to be bound by the amended Terms

Help Connect Australia Platform operation and security

Help Connect Australia may by notice posted on the Help Connect Australia Platform (which the parties are deemed to receive) disable or otherwise withdraw the Help Connect Australia Platform at any time and for as long as Help Connect Australia determines for any reason that Help Connect Australia believes justifies those measures
Help Connect Australia does not warrant the availability and operation of the Help Connect Australia Platform are uninterrupted or error-free
The Customer acknowledges that the Help Connect Australia Platform uses Services and services supplied and maintained by third parties (Third Party Componentry). From time to time, Third Parrty Componentry may becoming insecure or otherwise malfunction. Where that occurs or where Help Connect Australia believes there is a material likelihood of that occurring, Help Connect Australia will use its reasonable endeavours to resolve these issues in a timely manner, which may involve taking advantage of its rights under clauses 16 and 17 (Suspension) until that issue is remedied to Help Connect Australia’s satisfaction
The Customer acknowledges that Help Connect Australia maintains virus checking software and regularly checks the Help Connect Australia Platform for viruses, and the Customer accepts that these measures are reasonable in all the circumstances

Warranty Rights

The Customer acknowledges that Help Connect Australia provides a service only, under which the Help Connect Australia Platform acts as a conduit between him or her and any Service Provider the Customer chooses to engage for the provision of Services. Help Connect Australia never does any of the following:
1. assesses the Services that the Service Provider provides;
2. assesses the representations made by or on behalf of the Services or the Service Provider on the Help Connect Australia Platform or in any other media;
3. prequalifies or otherwise assesses the character of the Service Provider; or
4. validates the identity of the Service Provider (or the person purporting to be the Service Provider)
The Customer has the benefit of Statutory Guarantees for loss or damage he or she suffers as a result of or otherwise in connection with the operation of the Help Connect Australia Platform, but Help Connect Australia otherwise accepts no responsibility to either the Customer for that loss or damage, and, to give legal effect to which, subject to clause 29:

the Customer waives any rights he or she has or may have against Help Connect Australia in respect of any Claim he or she has or may have in connection with the Help Connect Australia Platform, including the operation of the Help Connect Australia Platform in connection with any provision of Services in connection with which the Customer is involved; and
any condition, warranty or guarantee in connection with the Help Connect Australia Platform implied by law is excluded from these Terms

Nothing in these Terms excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the Customer’s exercise of the Statutory Guarantees or any liability of Help Connect Australia for failing to satisfy the Statutory Guarantees in connection with the Help Connect Australia Platform, where to do so would have the effect of rendering the relevant provision in these terms void or otherwise unenforceable
Under the Statutory Guarantees, the service provided by Help Connect Australia through the Help Connect Australia Platform must be reasonably fit for purpose. The Customer acknowledges that the matters set out in clause 27(c) influence how fit for purpose the Help Connect Australia Platform needs to be and still be reasonably fit for that purpose, satisfying the Statutory Guarantee

Limitation of Help Connect Australia’s liability

To the extent permitted by law, Help Connect Australia limits its liability to the Customer for any breach of the Statutory Guarantees, as they apply to the services provided by, or otherwise in connection with, the Help Connect Australia Platform (including disabling or otherwise withdrawing the Help Connect Australia Platform in accordance with clause 23 to the following:

supplying the services the subject of the breach again; or
paying the cost of having those services supplied again,

Based on clause 27, the Customer waives any Claim it has or may have against Help Connect Australia in connection with the Services the Customer receives from the Service Provider
Help Connect Australia may collect, use and disclose personal information about the Customer (or, if a corporate entity, about its officer, employees or representatives). Help Connect Australia collects this personal information directly from the Customer by them recording that information on the Help Connect Australia Platform and passively through their use of the Help Connect Australia Platform
Help Connect Australia collects the personal information referred to in clause 33 to effect its internal business purposes, for marketing and promotional purposes (which includes providing your personal information to Service Providers, both with which you have dealings and others for the purposes of them marketing to the Customer), to operate the Help Connect Australia Platform and effect transactions between Service Providers and the Customer using the Help Connect Australia Platform (insofar as that takes place) and to comply with legal and regulatory requirements. If the personal information the Customer provides is incomplete or inaccurate, any obligation on Help Connect Australia to do or not do anything under these Terms is suspended where that cannot be achieved without complete or accurate information
Help Connect Australia may keep personal information indefinitely for the purposes of tracking historic transactions, fraud prevention and operational activities. In the case where you have been blocked from using the Help Connect Australia service, Help Connect Australia will retain your personal information for the purposes of preventing you from attempting to transact again using the Help Connect Australia Platform
Any personal information (including sensitive information) collected by Help Connect Australia will be treated in accordance with Help Connect Australia’s Privacy Policy, which can be found onHelp Connect Australia’s website (www.Help Connect Australia.com.au). Help Connect Australia’s Privacy Policy sets out in detail how Help Connect Australia uses, stores and discloses personal information. The Privacy Policy also sets out how the Customer can access and ask for correction of their personal information, whether personal information will be sent overseas and how to complain about privacy-related matters
The Customer agrees to Help Connect Australia collecting his or her personal information in accordance with the terms of Help Connect Australia’s Privacy Policy
The Customer must notify its respective employees, contractors and/or agents who have provided Help Connect Australia with their personal information of Help Connect Australia’s practices and policies relating to the collection, use, disclosure and storage of personal information
The Customer unconditionally indemnifies Help Connect Australia for its non-compliance with clauses 33 to 40 (inclusive)
If you have any questions regarding Help Connect Australia’s collection, use or disclosure of personal information or Help Connect Australia’s Privacy Policy, please contact Navdeep Nagpal, Watermans Business Centre, 1341 Dandenong Road, Chadstone VICTORIA 3148, email: info@conierge4u.com.au, phone: +61 03 8782 3777
If any provision of these Terms is invalid, illegal or unenforceable, that portion of the provision causing invalidity, illegality or unenforceability is severed and the validity, legality, and enforceability of the remaining provision (and any application of the said provisions) is not in any way affected or impaired
No failure or delay on the part of a party in exercising a right, power, privilege or remedy provided under these Terms operates as a waiver of that right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party
No single or partial exercise of any right, power, privilege or remedy precludes any other or further exercise of that or any other right, power, privilege or remedy provided in these terms, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party, at law or in equity
Help Connect Australia may assign its rights under these Terms to any company owned or controlled by it and the Customer hereby provides their consent to that assignment
Should the Customer be a trustee of a trust, it is liable for performance of its obligations under these Terms, both in its own capacity and in its capacity as trustee of the trust and the Customer represents and warrants to Help Connect Australia that:

as trustee, it has full and valid power and authority under the trust to enter into these Terms and to carry out the transactions contemplated by these Terms;
these Terms do not conflict with the operation or terms of the trust;
as trustee, it has the right to be indemnified out of, and a lien over, the assets of the trust for all liabilities incurred by it under these Terms;
the right referred to in clause 45(c) is not and has not been limited in any way;
as trustee, it has no liability which may be set off against the right of indemnity referred to in clause 45(c);
as trustee, it enters into these Terms for the proper administration of the trust and for the benefit of all of the beneficiaries of the trust;
there has been no resolution or direction to remove that party as trustee of the trust; and
it is the sole trustee of the trust

These Terms are governed by the laws of the State of Victoria
The courts of Victoria have the exclusive jurisdiction to determine all matters, issues or disputes arising out of or otherwise connected with these Terms

Glossary

Affiliate means the same as "related body corporate" under the Corporations Act;
Business Day means any day that is not a Saturday, Sunday or a public holiday or bank holiday in Melbourne, Victoria;
Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution, in which the prosecuting authority seeks a pecuniary penalty), irrespective of when it arises, whether or not it is actual or contingent and whether or not it is at law (including under contract or tort), in equity or under statute
Corporations Act means the Corporations Act 2001 (Cth);
Customer means the person that uses the Help Connect Australia Platform to find, contact and/or engage a Service Provider;
Customer Registration means the registration of a Customer, which registration is the subject of a Registration Confirmation
GST means the Services and services tax imposed under the A New Tax System (Services and Services Tax) Act 1999 (Cth)
Help Connect Australia means E-LUMIN8 Pty Limited ACN 624 307 259 of Watermans Business Centre, 1341 Dandenong Road, Chadstone VICTORIA 3148, email: info@Help Connect Australia.com.au, phone: +61 03 8782 3777
Help Connect Australia Platform means the website accessible at the www.Help Connect Australia.com.au URL or mobile communication device application of similar capability
Law means all relevant legislation, regulations, rules and by-laws, and all delegated legislation or instrument made under them, and includes all subsequent amendments or successor instruments relevant to the Services
Registration Confirmation has the meaning ascribed to that term in clause 5
Service Provider means the person registered on the Help Connect Australia Platform to offer to provide Services
Service Registration means any information (in whatever form, including images and video) on the Help Connect Australia Platform describing, promoting or otherwise pertaining to a Service
Services means the services a Service Provider offers on or through the Help Connect Australia Platform to provide or holds itself out on or through the Help Connect Australia Platform as being capable of providing
Statutory Guarantee means a consumer guarantee provided for in the Australian Consumer Law
Terms means the terms and conditions set out in this document; and
Third Party Componentry has the meaning ascribed to that term in clause 25

Interpretation provisions

In these Terms, unless the context requires another meaning, a reference:

to the singular includes the plural, and vice versa;
to a gender includes all genders;
to a document (including these terms) is a reference to that document, as amended, consolidated, supplemented, novated or replaced;
to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding, whether written, oral or implied;
to a party means a party to these terms;
to a person (including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government agency, and the person's successors, permitted assigns, substitutes, executors and administrators;
to a clause is to a clause of these terms;
to a notice means a notice, approval, demand, request, nomination or other communication given by one party to another, under or in connection with these terms;
to a law includes any legislation, judgment, rule of common law or equity, and is a reference to that law as amended, consolidated, supplemented or replaced, and includes a reference to any regulation, by-law or other subordinate legislation;
to time, is to the time in Melbourne, Victoria;
to the words "including" or "includes" means "including, but not limited to", or "includes, without limitation" respectively.

Where a word or phrase is defined, its other grammatical forms have a corresponding meaning
Headings are for convenience only and do not affect the interpretation of these terms

Membership Terms

Service Provider Version

Services provided by the Help Connect Australia Platform

The Help Connect Australia Platform provides marketing services to the Service Provider, being an online portal through which Service Providers (and the Services they provide) promote themselves and any Services the subject of a Service Registration to Customers
The Service Provider acknowledges that the Help Connect Australia Platform provides a mechanism that facilitates the communication between a Customer and a Service Provider, which they might use to effect a transaction
Without limiting clauses 1 and 2, the Help Connect Australia Platform is a conduit, through which Service Providers make their Services known to prospective Customers, through which the Customer and Service Provider meet and, as a result of which they reach agreement between themselves, under which the Customer engages the Service Provider and the Service Provider provides Services under that engagement
The Service Provider acknowledges that the Help Connect Australia Platform provides no services to the Service Provider, other than as described in clauses 1 and 2

Service Provider Registration

Service Provider Registration is completed and the Service Provider is considered a Service Provider for the purposes of these Terms on that person receiving written confirmation from Help Connect Australia to that effect (Registration Confirmation)
A Service Provider Registration applies from the date of the Registration Confirmation and ceases to apply when cancelled in accordance with these Terms
The Service Provider must pay the Marketing Fee each month, no later than the first (1st) business day of the month for the use of the Help Connect Australia Platform for the forthcoming month
The Marketing Fee is the amount specified on the Help Connect Australia Platform
Help Connect Australia may vary the Marketing Fee from time to time. Any variation of the Marketing Fee takes effect as at the start of the month following the publication of the Marketing Fee (as varied)
On and from the cancellation or suspension of the Service Provider Registration, the Service Provider must pay to Help Connect Australia a fee calculated at the percentage set out on the Help Connect Australia Platform of revenue earned by that Service Provider from all Customers in respect of whom the Service Provider was introduced through the Help Connect Australia Platform. For the purposes of determining the amount payable under this clause 10, the Service Provider must on request provide to Help Connect Australia or an accountant nominated by Help Connect Australia (subject to that accountant providing an executed confidentiality deed to the Service Provider on terms reasonably acceptable to the Service Provider) financial records required to determine the Service Provider’s revenue, identifying individual Customers from which that revenue is earned
Clause 7 (Marketing Fee) does not apply and the Service Provider is not obliged to pay the Marketing Fee for a period of twelve (12) months following the Service Provider Registration
The Service Provider acknowledges that any Service Registration published on the Help Connect Australia Platform is published by the Service Provider and not Help Connect Australia
The Service Provider warrants that, by publishing a Service Registration promoting the Service Provider and its Services on the Help Connect Australia Platform, it is available to be engaged by a Customer to provide the Services featured on or referred to in that Service Registration
The Service Provider warrants that no information or representation of Services on the Service Registration infringes the intellectual property rights of any other person
The Service Provider warrants that all information in any Service Registration is true and correct and not in any way misleading and deceptive (as that term is understood under the Australian Competition and Consumer Act 2010)
The Service Provider must notify Help Connect Australia of any fact, matter or thing of which it becomes aware likely to render a Service Registration in breach of the warranties in clauses 14 or 15
Help Connect Australia may vary a Service Registration, where it considers appropriate to do so. Without limiting the foregoing, the Service Registration may be varied by it being reallocated to a category different from that specified by the Service Provider or by the deletion or amendment of the photograph or photographs used in connection with that Service Registration. The Service Provider acknowledges Help Connect Australia’s rights under this clause and agree to any variations effected

The engagement of the Service Provider by a Customer

The Service Provider may be engaged by a Customer on the Help Connect Australia Platform by the latter making an offer to engage the Service Provider to provide the Services the subject of a Service Registration and the Service Provider accepting that offer on the Help Connect Australia Platform
Notwithstanding clause 18, the Service Provider acknowledges that it does not deliver any Service on or otherwise in connection with the Help Connect Australia Platform to any Customer that engages it on the Help Connect Australia Platform or otherwise
Notwithstanding clause 18, the Service Provider acknowledges that Help Connect Australia is not a party to, and is not otherwise involved in, any transaction concluded between it and a Customer as a result of or otherwise following the services provided by Help Connect Australia by operation of the Help Connect Australia Platform. Help Connect Australia is a disinterested third party to that transaction and the Services provided by the Service Provider to the Customer as part of that transaction
The Service Provider warrants to Help Connect Australia that any Services provided to a Customer, where the Service Provider is engaged by that Customer as a result of services provided by Help Connect Australia through or otherwise by operation of the Help Connect Australia Platform (whether in connection with those Services or at any time prior to that):
1. are provided with all due care and skill and any goods used in connection with the provision of those Services are reasonably fit for the purpose;
2. that, if the Customer makes known to the Service Provider any particular purpose for which the Services are being acquired by the consumer, the Services, and any product resulting from the services, are reasonably fit for that purpose;
3. that, if the Customer makes known to the Service Provider the result that the Consumer wishes the Services to achieve, the Services, and any product resulting from the Services, are of such a nature, and quality, state or condition, that they might reasonably be expected to achieve that result;
4. are provided by the date (if any) agreed with the Customer or, if no date is agreed with the Customer, within a reasonable time of the Service Provider being engaged; and
5. provided correspond with the description or specifications agreed with the Customer for the provision of those Services and otherwise in accordance with the terms and conditions agreed between the Service Provider and the Customer
The Service Provider must not provide Services or do any anything else likely to bring the Help Connect Australia Platform into disrepute or that otherwise adversely affects the reputation of the Help Connect Australia business

Services that may be featured on the Help Connect Australia Platform

The Service Provider must not offer any Services to Customers in a Service Registration or otherwise in connection with the Help Connect Australia Platform specified on the Help Connect Australia Platform from time to time as services should not be offered for supply
Without limiting clause 23, a Service Registration must not feature any of the following services as a Service that a Customer may engage the Service Provider to provide:

services that it is illegal to provide or for Customers to accept;
services that are defective or unsafe;
services for which the Service Provider requires a licence to provide, unless a legally valid licence is possessed by the Service Provider at the time the Service Registration is published and at any time it remains on the Help Connect Australia Platform; or
services for which the Service Provider requires training in order for those services to be provided in accordance with clause 21 (Service Warranty)

The parties acknowledge that Help Connect Australia intends monitoring the Help Connect Australia Platform for compliance with clauses 23 or 24, but it makes no representation and provides no warranty that all Services offered for provision on the Help Connect Australia Platform comply with clauses 23 or 24
Help Connect Australia may withdraw from the Help Connect Australia Platform any Services that it considers appropriate, including Services that fail to comply with clauses 23 or 24

Prohibited use of the Help Connect Australia Platform

The Service Provider may use the Help Connect Australia Platform to:

publish a Service Registration; and
communicate with Customers in connection with the engagement to provide Services, only if that person is registered as a Service Provider on the Help Connect Australia Platform

The Service Provider must not in any way republish any information displayed or otherwise contained in the Help Connect Australia Platform, including any Service Registration
The Service Provider must not modify any Service Registration on the Help Connect Australia Platform
The Service Provider must not conduct any systematic or automated data collection activities, including scraping, data mining, data extraction and data harvesting, on or in relation to the Help Connect Australia Platform
The Service Provider warrants that he or she is not resident in the United Kingdom or any country in the European Union
The Service Provider must not use the Help Connect Australia Platform if resident in either the United Kingdom or any country in the European Union
The Service Provider must not create, publish or operate an online platform with features, benefits or operation the same as, similar to, the Help Connect Australia Platform

Use of the Help Connect Australia Platform brand

The Service Provider may represent its association with the Help Connect Australia Platform until its Service Provider Registration is cancelled, save whilst that Service Provider Registration is suspended
With Help Connect Australia’s written consent, the Service Provider may feature the Help Connect Australia Platform brand on its website and any other promotional material and Help Connect Australia hereby grants to the Service a licence to reproduce the Help Connect Australia brand for that purpose
The licence granted under clause 35 is limited to reproducing the Help Connect Australia brand in the manner directed by Help Connect Australia and the reproduction of the Help Connect Australia brand must comply with the Help Connect Australia style guide, as published from time to time
Without limiting clause 36, the Service Provider must not make any changes to the Help Connect Australia brand that it features on its website or elsewhere
The licence granted under clause 35 terminates on the cancellation or suspension of the Service Provider Registration and the Service Provider must immediately cease using the Help Connect Australia brand on the cancellation or suspension of the Service Provider Registration, removing all representations of the Help Connect Australia brand from the Service Provider website and any other document, media or place that Help Connect Australia brand is reproduced or featured
The Service Provider may promote the association of any services it offers that are the subject of a Service Registration or its business generally with the Help Connect Australia Platform, if done in accordance with these Terms
The Service Provider may use the Help Connect Australia trade mark for the purposes of clause 39 only, if Help Connect Australia consents in writing and only if used in accordance with any direction of Help Connect Australia
The Service Provider may promote any Service Registration or any other Services it offers from time to time to Customers, using information provided to the Service Provider by Help Connect Australia in accordance with clause 69, on and from a date authorised in writing by Help Connect Australia, on and on advertising campaigns to which Help Connect Australia consents in writing and for a period nominated in writing by Help Connect Australia
The Service Provider grants to Help Connect Australia a licence to reproduce the Service Provider’s trade mark in connection with the Help Connect Australia Platform, including on the Help Connect Australia Platform and in any document or otherwise material (including electronic material) that promotes the Help Connect Australia Platform
Subject to the Service Provider directing Help Connect Australia otherwise, Help Connect Australia may reproduce and use the Service Provider's trade mark in any way it considers appropriate on or in connection with the Help Connect Australia Platform
On and after the cancellation or suspension of a Service Provider’s Service Provider Registration, Help Connect Australia may, in its discretion, continue reproducing and otherwise using that Service Provider’s trade mark to indicate that the Service Provider has been a Sevice Provider associated with the Help Connect Australia Platform
The Service Provider consents to Help Connect Australia representing that the Service is associated with the Help Connect Australia Platform (including that it offers to provide Services to Customers and provides Services to Customers), which consent extends to representing that the Service Provider has been a Sevice Provider associated with the Help Connect Australia Platform after the cancellation or suspension of that Service Provider’s Service Provider Registration
Help Connect Australia may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration if the Service Provider breaches any of the Terms and fails to remedy that breach within five (5) days
Help Connect Australia may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration with immediate effect if the Service Provider breaches any of the Terms and that breach is not capable of remedy
Help Connect Australia may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration with immediate effect if the Service Provider breaches any of the Terms and Help Connect Australia, on reasonable grounds, considers that the effect or likely effect of that breach is to materially and adversely affect the business or reputation of the Help Connect Australia Platform
Without limiting clause 46, Help Connect Australia may cancel or suspend a Service Provider Registration if the Service Provider engages in any conduct in connection with the Help Connect Australia Platform or in his or her relationship with a Customer that Help Connect Australia, in its reasonable opinion, considers unacceptable
Help Connect Australia may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration with immediate effect if the star-rating awarded to the Service Provider from Customer reviews and testimonials recorded on the Help Connect Australia Platform (the assignment of the star-rating from the reviews and testimonials being at Help Connect Australia’s absolute discretion) is less than the number specified on the Help Connect Australia Platform from time to time
Any suspension of a Service Provider Registration under these Terms may be for whatever period Help Connect Australia considers appropriate and is brought to an end, with the Service Provider Registration reinstated, by notice in writing to the Service Provider
Any suspension of a Service Provider Registration is for a period stated by Help Connect Australia in the notice effecting the suspension, as extended or shortened by any further notice in writing provided by Help Connect Australia
Help Connect Australia may cancel a Service Provider Registration by notice in writing with immediate effect if it publishes on the Help Connect Australia Platform any amendment to these Terms and the Service Provider fails to accept and agree to be bound by the amended Terms
Help Connect Australia may by notice posted on the Help Connect Australia Platform (which the parties are deemed to receive) disable or otherwise withdraw the Help Connect Australia Platform at any time and for as long as Help Connect Australia determines for any reason that Help Connect Australia believes justifies those measures
Help Connect Australia does not warrant the availability and operation of the Help Connect Australia Platform is uninterrupted or error-free
The Service Provider acknowledges that the Help Connect Australia Platform uses Services and services supplied and maintained by third parties (Third Party Componentry)
The Service Provider acknowledges that Help Connect Australia maintains virus checking software and regularly checks the Help Connect Australia Platform for viruses, and the Service Provider accepts that these measures are reasonable in all the circumstances
Any user of the Help Connect Australia Platform may post comments or feedback on Services provided to it by a Service Provider that may adversely affect the Service Provider.The Service Provider acknowledges that Help Connect Australia does not moderate those comments or feedback, nor does it review or validate those comments and feedback

Warranty Rights

The Service Provider acknowledges that Help Connect Australia provides a service only, under which the Help Connect Australia Platform acts as a conduit between it and any Service Provider the Customer chooses to engage for the provision of Services. Help Connect Australia never does any of the following:

assesses the Services that the Service Provider provides;
assesses the representations made by or on behalf of the Services or the Service Provider on the Help Connect Australia Platform or in any other media;
prequalifies or otherwise assesses the character of the SP; or
validates the identity of the Service Provider (or the person purporting to be the Service Provider)

The Service Provider has the benefit of Statutory Guarantees for loss or damage he or she suffers as a result of or otherwise in connection with the operation of the Help Connect Australia Platform, but Help Connect Australia otherwise accepts no responsibility to either the Service Provider for that loss or damage, and, to give legal effect to which, subject to clause 61:

the Service Provider waives any rights he or she has or may have against Help Connect Australia in respect of any Claim he or she has or may have in connection with the Help Connect Australia Platform, including the operation of the Help Connect Australia Platform in connection with any provision of Services in connection with which the Service Provider is involved; and
any condition, warranty or guarantee in connection with the Help Connect Australia Platform implied by law is excluded from these Terms

Nothing in these Terms excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the Service Provider’s exercise of the Statutory Guarantees or any liability of Help Connect Australia for failing to satisfy the Statutory Guarantees in connection with the Help Connect Australia Platform, where to do so would have the effect of rendering the relevant provision in these terms void or otherwise unenforceable
To the extent permitted by law, Help Connect Australia limits its liability to the Service Provider for any breach of the Statutory Guarantees, as they apply to the services provided by, or otherwise in connection with, the Help Connect Australia Platform (including disabling or otherwise withdrawing the Help Connect Australia Platform in accordance with clause 54 to the following:
1. supplying the services the subject of the breach again;
2. paying the cost of having those services supplied again, and
the Service Provider otherwise waives any Claim it has or may have against Help Connect Australia regarding the services provided by, or otherwise in connection with, the Help Connect Australia Platform (including disabling or otherwise withdrawing the Help Connect Australia Platform in accordance with clause 54)
Based on clause 59, the Service Provider waives any Claim it has or may have against Help Connect Australia in connection with the Services the Service Provider receives from the SP
The Service Provider accepts that the comments and feedback that Customers may record on the Help Connect Australia Platform are not mediated or otherwise monitored by Help Connect Australia and, on that basis, the Service Provider waives any Claim it has or may have against Help Connect Australia in connection with any comments or feedback posted by other users of the Help Connect Australia Platform
The Service Provider indemnifies Help Connect Australia against any costs, expenses, losses, fines, penalties or other financial imposts incurred by Help Connect Australia as a result or otherwise connected with the provision of Services by that Service Provider, including as a result of a Service failing to satisfy the service warranties in clause 21
The Service Provider indemnifies Help Connect Australia against any costs, expenses, losses, fines, penalties or other financial imposts incurred by Help Connect Australia as a result or otherwise connected with any Service Registration failing to comply with the warranties in clauses 14 and 15
The Service Provider acknowledges that Help Connect Australia collects personal information of Customers directly from the Customer by them recording that information on the Help Connect Australia Platform and passively through their use of the Help Connect Australia Platform
Help Connect Australia intends disclosing personal information collected from and about Customers to the Service Provider for the purposes of the Service Provider marketing its services to those Customers, in respect of which the Service Provider acknowledges that Help Connect Australia has obtained from those Customers the necessary consent to comply with privacy legislation
The Service Provider must comply with all privacy legislation in its use and storage of any information provided to it in accordance with clause 69
The Service Provider indemnifies Help Connect Australia in respect of any costs or losses (including penalties and legal costs) incurred by Help Connect Australia that result from or are otherwise connected with the Service Provider failing to comply with clause 70

Privacy Requirements over Service Provider Information

Help Connect Australia may collect, use and disclose personal information about the Service Provider (or, if a corporate entity, about its officer, employees or representatives). Help Connect Australia collects this personal information directly from the Service Provider by them recording that information on the Help Connect Australia Platform and passively through their use of the Help Connect Australia Platform
Help Connect Australia collects the personal information referred to in clause 68 to effect its internal business purposes, for marketing and promotional purposes, to operate the Help Connect Australia Platform and effect transactions between Customers and the Service Provider using the Help Connect Australia Platform (insofar as that takes place) and to comply with legal and regulatory requirements. If the personal information the Service Provider provides is incomplete or inaccurate, any obligation on Help Connect Australia to do or not do anything under these Terms is suspended where that cannot be achieved without complete or accurate information
Help Connect Australia may keep personal information indefinitely for the purposes of tracking historic transactions, fraud prevention and operational activities. In the case where you have been blocked from using the Help Connect Australia service, Help Connect Australia will retain your personal information for the purposes of preventing you from attempting to transact again using the Help Connect Australia Platform
Any personal information (including sensitive information) collected by Help Connect Australia will be treated in accordance with Help Connect Australia’s Privacy Policy, which can be found on Help Connect Australia’s website (www.Help Connect Australia.com.au). Help Connect Australia’s Privacy Policy sets out in detail how Help Connect Australia uses, stores and discloses personal information
The Service Provider agrees to Help Connect Australia collecting his or her personal information in accordance with the terms of Help Connect Australia’s Privacy Policy
The Service Provider must notify its respective employees, contractors and/or agents who have provided Help Connect Australia with their personal information of Help Connect Australia’s practices and policies relating to the collection, use, disclosure and storage of personal information
The Service Provider indemnifies Help Connect Australia in respect of any costs or losses (including penalties and legal costs) incurred by Help Connect Australia that result from or are otherwise connected with the Service Provider failing to comply with clauses 68 to 79 (inclusive)
If you have any questions regarding Help Connect Australia’s collection, use or disclosure of personal information or Help Connect Australia’s Privacy Policy, please contact Navdeep Nagpal, Watermans Business Centre, 1341 Dandenong Road, Chadstone VICTORIA 3148, email: info@Help Connect Australia.com.au, phone: +61 03 8782 3777

Miscellaneous

If any provision of these Terms is invalid, illegal or unenforceable, that portion of the provision causing invalidity, illegality or unenforceability is severed and the validity, legality, and enforceability of the remaining provision (and any application of the said provisions) is not in any way affected or impaired
No failure or delay on the part of a party in exercising a right, power, privilege or remedy provided under these Terms operates as a waiver of that right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party
No single or partial exercise of any right, power, privilege or remedy precludes any other or further exercise of that or any other right, power, privilege or remedy provided in these terms, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party, at law or in equity
Help Connect Australia may assign its rights under these Terms to any company owned or controlled by it and the Service Provider hereby provide their consent to that assignment
Should the Service Provider be a trustee of a trust, it is liable for performance of its obligations under these Terms, both in its own capacity and in its capacity as trustee of the trust and the Service Provider represents and warrants to Help Connect Australia that:
1. as trustee, it has full and valid power and authority under the trust to enter into these Terms and to carry out the transactions contemplated by these Terms;
2. these Terms do not conflict with the operation or terms of the trust;
3. as trustee, it has the right to be indemnified out of, and a lien over, the assets of the trust for all liabilities incurred by it under these Terms;
4. the right referred to in clause 84(c) is not and has not been limited in any way;
5. as trustee, it has no liability which may be set off against the right of indemnity referred to in clause 84(c);
6. as trustee, it enters into these Terms for the proper administration of the trust and for the benefit of all of the beneficiaries of the trust;
7. there has been no resolution or direction to remove that party as trustee of the trust; and
8. it is the sole trustee of the trust
These Terms are governed by the laws of the State of Victoria
The courts of Victoria have the exclusive jurisdiction to determine all matters, issues or disputes arising out of or otherwise connected with these Terms

Glossary

Affiliate means the same as "related body corporate" under the Corporations Act;
Business Day means any day that is not a Saturday, Sunday or a public holiday or bank holiday in Melbourne, Victoria;
Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution, in which the prosecuting authority seeks a pecuniary penalty), irrespective of when it arises, whether or not it is actual or contingent and whether or not it is at law (including under contract or tort), in equity or under statute;
Corporations Act means the Corporations Act 2001 (Cth);
Customer means a person that uses the Help Connect Australia Platform to find and/or contact a Service Provider;
GST means the Services and services tax imposed under the A New Tax System (Services and Services Tax) Act 1999 (Cth);
Help Connect Australia means E-LUMIN8 Pty Limited ACN 624 307 259 of 5 Clyne Place, Rowville Victoria 3178, trading as Help Connect Australia;
Help Connect Australia Platform means the website accessible at the www.Help Connect Australia.com.au URL or mobile communication device application of similar capability;
Law means all relevant legislation, regulations, rules and by-laws, and all delegated legislation or instrument made under them, and includes all subsequent amendments or successor instruments relevant to the Services
Marketing Fee means the fee payable by the Service Provider to Help Connect Australia to appear on the Help Connect Australia Platform as offering the provision of Services to Customers;
Registration Confirmation has the meaning ascribed to that term in clause 5;
Service Registration means any information (in whatever form, including images and video) on the Help Connect Australia Platform describing, promoting or otherwise pertaining to a Service;
Service Provider means a person the subject of a Registration Confirmation to offer to provide Services to Customers on or through the Help Connect Australia Platform;
Service Provider Registration means the registration of a Service Provider, which registration is the subject of a Registration Confirmation;
Services means the services a Service Provider offers on or through the Help Connect Australia Platform to provide or holds itself out on or through the Help Connect Australia Platform as being capable of providing;
Statutory Guarantee means a consumer guarantee provided for in the Australian Consumer Law;
Terms means the terms and conditions set out in this document; and
Third Party Componentry has the meaning ascribed to that term in clause 56

Interpretation provisions

In these Terms, unless the context requires another meaning, a reference:

to the singular includes the plural, and vice versa;
to a gender includes all genders;
to a document (including these terms) is a reference to that document, as amended, consolidated, supplemented, novated or replaced;
to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding, whether written, oral or implied;
to a party means a party to these terms;
to a person (including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government agency, and the person's successors, permitted assigns, substitutes, executors and administrators;
to a clause is to a clause of these terms;
to a notice means a notice, approval, demand, request, nomination or other communication given by one party to another, under or in connection with these terms;
to a law includes any legislation, judgment, rule of common law or equity, and is a reference to that law as amended, consolidated, supplemented or replaced, and includes a reference to any regulation, by-law or other subordinate legislation;
to time, is to the time in Melbourne, Victoria;

Where a word or phrase is defined, its other grammatical forms have a corresponding meaning
Headings are for convenience only and do not affect the interpretation of these terms