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Terms & Conditions

Terms and Conditions

Here are our terms and conditions.

The Onsiteable terms & conditions (updated 30 September 2024) outline Onsiteable and your obligations and responsibilities on the Onsiteable Platform. In this update to our Terms and Conditions, Onsiteable has updated information related to clarifying the process required (and timing related) to formalise the completion of services.

User Agreement

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

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

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

1. SCOPE OF ONSITEABLE SERVICES

Basic Principles

  • 1.1 Onsiteable provides the Onsiteable Platform to enable Users to request services.

  • 1.2 Some parts of services details may be made publicly available, including to internet users who are not Users.

  • 1.3 A User may revoke or modify a Service Request at any time before he/she proceed the final payment. Onsiteable reserves the right to cancel all orders made prior to the modification.

  • 1.4 If a User requests a service on the Onsiteable Platform, the posted service request is assigned to that particular Onsiter. At this point, a Service Contract is created between the Onsiter and the User.

  • 1.5 Upon creation of a Service Contract, the User must pay the Agreed Price for the Requested Service into the Payment Account.

  • 1.6 Upon creation of the Service Contract, Onsiteable has rendered Onsiteable Services and the Reservation Fee is due and payable.

  • 1.7 Once the Service Contract is created, the Onsiter and User may vary the Service Contract on the Onsiteable Platform. The User and Onsiter are strongly encouraged to use Onsiteable's private messaging system to amend or vary the Service Contract or to otherwise communicate.

  • 1.8 Once the Services are complete, the User will be notified and must respond by either releasing payment or disputing that the service has been completed within 10 days. Should a response not be received from the User, the service will be automatically deemed to have been completed satisfactorily and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the Onsiter.

  • 1.9 Following confirmation by both the Onsiter and the User that the Posted Order has been completed, or if Onsiteable is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the Onsiter Service Fee will be payable and the Onsiter Funds will be released by Onsiteable from the Payment Account to the Onsiter.

  • 1.10 After the Service Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Onsiteable Platform.

Onsiter Listing

  • 1.11 Onsiteable may also provide an Onsiter Listing feature enabling Onsiters to publish promotions for Services from time to time.

  • 1.12 Onsiteable may publish Onsiter Listings from time to time in its absolute discretion.

  • 1.13 A User may request to book an Onsiter Listing by clicking on the Request Booking button and completing the booking request. The Onsiter may then decide whether or not to perform the Task. When using Onsiter Listing, a Service Contract is created when the Service is assigned to that Onsiter.

  • 1.14 Onsiteable may revoke or modify any listing at any time.

2. ONSITEABLE'S ROLE AND OBLIGATIONS

  • 2.1 Onsiteable provides the Onsiteable Service in consideration for the Reservation Fee and the Onsiter Service Fee

  • 2.2 Onsiteable only permits individuals over 18 years of age to become Users.

  • 2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.

  • 2.4 In its absolute discretion, Onsiteable may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if Onsiteable reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Onsiteable Platform.

  • 2.5 No charges apply in respect of the following actions on the Onsiteable Platform:

    • a. Registering and creating an account;

    • b. Creating a service request;

    • c. Users accessing and reviewing content on the Onsiteable Platform

  • 2.6 Onsiteable accepts no liability for any aspect of the User and Onsiter interaction, including but not limited to the description, performance or delivery of Services.

  • 2.7 Onsiteable is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Onsiters to perform tasks or supply items, or the honesty or accuracy of any information provided by Users or the Users' ability to pay for the Services requested.

  • 2.8 Except for liability in relation to any Non-excludable Condition, the Onsiteable Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

  • 2.9 Onsiteable has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.

  • 2.10 You understand and agree that:

    • a. Onsiteable does not undertake any investigation in relation to any Onsiter or third party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of an Onsiter or third party service provider to perform any service which they may claim to be able to provide on the platform;

    • b. You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging an Onsiter to perform services;

    • c. You are solely responsible for making your own evaluations, decisions and assessments about choosing an Onsiter; and

    • d. Assume all risks and you agree to expressly release, indemnify and hold harmless Onsiteable from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.

    • e. You are solely responsible for any food allergy related onsite services, Onsiteable can only state all the allergy sources before making your own decisions.

3. USER OBLIGATIONS

  • 3.1 You will at all times:

    • a. comply with this Agreement (including all Policies) and all applicable laws and regulations;

    • b. only submits accurate information on the Onsiteable Platform;

    • c. ensure that You are aware of any laws that apply to You as a User or Onsiter, or in relation to Your use of the Onsiteable Platform.

  • 3.2 You agree that any content (whether provided by Onsiteable, a User or a third party) on the Onsiteable Platform may not be used on third party sites or for other business purposes without Onsiteable's prior written permission.

  • 3.3 You must not use the Onsiteable Platform for any illegal or immoral purpose.

  • 3.4 You must maintain control of Your Onsiteable account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.

  • 3.5 You grant Onsiteable an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Onsiteable Platform for the purpose of publishing material on the Onsiteable Platform and as otherwise may be required to provide the Onsiteable Service, for the general promotion of the Onsiteable Service, and as permitted by this Agreement.

  • 3.6 You agree that any information posted on the Onsiteable Platform must not, in any way whatsoever, be potentially or actually harmful to Onsiteable or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Onsiteable.

  • 3.7 Without limiting any provision of this Agreement, any information You supply to Onsiteable must be up to date and kept up to date and must not:

    • a. be false, inaccurate or misleading or deceptive;

    • b. be fraudulent or involve the sale of counterfeit or stolen items;

    • c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

    • d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

    • e. be defamatory, libellous, threatening or harassing;

    • f. be obscene or contain any material that, in Onsiteable's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

    • g. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Onsiteable Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

  • 3.8 The Onsiteable Platform may from time to time engage location-based or map-based functionality. The Onsiteable Platform may display the location of Users and Onsiters to persons browsing the Onsiteable Platform. A User should never disclose personal details such as the User's full name, street number, phone number or email address in a Requested Service or in any other public communication on the Onsiteable Platform.

  • 3.9 If You are an Onsiter, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Service Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Onsiter Funds and account verification) received under a Service Contract.

  • 3.10 You must not, when supplying Services, charge any User any fees on top of the Onsiter Funds. However, the parties to a Service Contract may agree to amend the Agreed Price through the Onsiteable Platform.

  • 3.11 You must not request payments outside of the Onsiteable Platform from the User for the Services except to the extent permitted by clause 3.12 and only if the Onsiteable Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.

  • 3.12 If an Onsiter agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Onsiter is solely responsible for obtaining any reimbursement from the User. Correspondence in respect of agreeing to these additional costs should be carried out on the Onsiteable Platform. Onsiteable advises Onsiters not to agree to incur costs in advance of receiving the payment for these costs, unless the Onsiter is confident the User will reimburse the costs promptly.

  • 3.13 For the proper operation of the Onsiteable Platform (including insurance, proper pricing and compliance with Policies), the Onsiter must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Service Contract to a third party, then that third party must also be a registered User of the Onsiteable Platform.

  • 3.14 If Onsiteable determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Service Contracts, it reserves the rights to remove any content, Requested Service you have submitted to the Onsiteable Service or cancel or suspend Your account and/or any Service Contracts.

4. FEES

  • 4.1 A Reservation Fee is payable to Onsiteable in respect of bookings made on the Platform. When a User has been allocated to or choose an Onsiter, the Service is assigned to that Onsiter and a Service Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the Reservation Fee as consideration for the use of the Onsiteable Services.

  • 4.2 Separate to the Reservation Fee charged to the User, an Onsiter is charged an Onsiter Service Fee as consideration for the Onsiter's use of the Onsiteable Services.

  • 4.3 At such time that the Customer releases the Service Payment to the Onsiter, the Onsiter Service Fee (will be deducted from the Service Payment) and the Reservation Fee (separately paid by the Customer) will be retained by Onsiteable.

  • 4.4 The Reservation Fee and the Onsiter Service Fee are GST inclusive(or equivalent tax on supplies, including VAT).

  • 4.5 Subject to clause 5, all Fees payable to Onsiteable are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.

  • 4.6 If Onsiteable introduces a new service on the Onsiteable Platform, the Fees applying to that service will be payable from the launch of the service.

  • 4.7 Onsiteable reserves the right to amend the amount of any Fees (including the Reservation Fee and Onsiter Service Fee) from time to time and any changes will be updated on Onsiteable’s Website.

5. PAYMENTS, REFUNDS AND CANCELLATIONS

  • 5.1 If the Service Contract is cancelled for any reason (by a User, an Onsiter or under this Agreement) prior to the commencement of the Service Contract, then if Onsiteable is reasonably satisfied that the Agreed Price (and if applicable, the Reservation Fee) should be returned to the User then those amounts (as applicable) will be refunded to the User as Onsiteable Credits and a Cancellation Fee will be due to Onsiteable by the User who the cancellation of the Service Contract is attributable to under clause 5.7 or 5.8.

  • 5.2 If the User is responsible for the cancellation of the Service Contract (see clause 5.8), the Reservation Fee will be retained by Onsiteable.

  • 5.3 If the Onsiter is responsible for the cancellation of the Service Contract (see clause 5.7), Onsiteable will deduct the Cancellation Fee from the Onsiter's next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).

  • 5.4 Cancellation Fees deducted from Onsiter payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).

  • 5.5 Upon request by the relevant Customer submitted to Onsiteable Support, Onsiteable may refund the Agreed Price (and Reservation Fee, as applicable) to the User's original payment method.

  • 5.6 Any amount returned by Onsiteable to a User on behalf of an Onsiter under clause 5.1 will be a debt owed by the Onsiter to Onsiteable and may be offset by Onsiteable against any other payments owed at any time to the Onsiter.

  • 5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to Onsiteable and may also be offset by Onsiteable against any other payments owed at any time to the User.

  • 5.8 Cancellation of a Service Contract will be attributable to the Onsiter where:

    • a. the User and the Onsiter mutually agree to cancel the Service Contract; or

    • b. following reasonable but unsuccessful attempts by a User to contact an Onsiter to perform the Service Contract, the Service Contract is cancelled by the User; or

    • c. the Onsiter cancels the Service Contract; or

    • d. a Service Contract is cancelled in accordance with clause 3.14 as a result of the Onsiter's actions or breach.

  • 5.9 A Cancellation of a Service Contract will be attributable to a User where:

    • a. the User cancels the Service Contract (other than in accordance with clause 5.8(b); or (b) a Service Contract is cancelled in accordance with clause 3.14 as a result of the User's actions or breach. (c) a Service has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Service Contract terms.

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

  • 5.11 Onsiteable may take up to 5-7 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the User as Onsiteable Credits or to process (following a request from a User) a refund to the User's original payment method.

  • 5.12 If, for any reason, the Onsiter Funds cannot be transferred or otherwise made to the Onsiter or returned to the User (as the case may be) or no claim is otherwise made for the Onsiter Funds, the Onsiter Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the User initially paid the Agreed Price into the Payment Account.

  • 5.13 Following the 3 months referred to in clause 5.12, and provided there is still no dispute in respect of the Onsiter Funds, the Onsiter Funds will be credited to the User as Onsiteable Credits.

  • 5.14 If the Service Contract is cancelled and a User who is party to the Service Contract can show that work under a Service Contract was commenced, then the amount of the Agreed Price to be returned to the User will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.

  • 5.15 Onsiteable may suspend a User Account in its sole discretion for repeated Cancellations.

6. ONSITEABLE CREDITS

  • 6.1 Onsiteable Credits:

    • a. can be used by the credited User to pay for any new Services via the Onsiteable Platform;

    • b. are not refundable or redeemable for cash other than where the User has submitted a request for the return of Onsiteable Credits to their original payment method;

    • c. cannot be replaced, exchanged or reloaded or transferred to another card or account;

    • d. that were issued;

      • prior to 1 December 2024, these continue to remain valid for 12 months; or

      • on and from 1 December 2024, are valid 36 months, from the date on which those particular Onsiteable Credits are applied to a User's account, the date of issue or purchase or any expiry date applied by Onsiteable (conditional upon any contrary specific jurisdictional legislative requirements);

    • e. acquired other than under this Agreement, may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Onsiteable Credits, such as a restriction on when the Onsiteable Credits is redeemable (for example only for a User's first Service Contract), specify a minimum Services value, or specify a maximum credit or discount value; and

    • f. must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Onsiteable's prior written permission.

  • 6.2 The User credited with Onsiteable Credits is solely responsible for the security of any Onsiteable Credits. Save for the Non-Excludable Conditions, Onsiteable will have no liability for any loss or damage to the Onsiteable Credits and does not have any obligation to replace Onsiteable Credits.

  • 6.3 Onsiteable will not accept, and may refuse or cancel, any Onsiteable Credits, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Onsiteable reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Onsiteable Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on any "bargains" website, may valid for use and may be refused or cancelled under certain circumstances.

  • 6.4 Onsiteable is entitled to any value on Onsiteable Credits which is not redeemed before the Onsiteable Credits expires or is cancelled by Onsiteable.

8. PAYMENT FACILITY

  • 8.1 Onsiteable uses a Payment Provider to operate the Payment Account.

  • 8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.

  • 8.3 If Onsiteable changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

10. VERIFICATION & BADGES

  • 10.1 Onsiteable may use Identity Verification Services.

  • 10.2 You agree that Onsiteable Identity Verification Services may not be fully accurate as all Onsiteable Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.

  • 10.3 You are solely responsible for identity verification and Onsiteable accepts no responsibility for any use that is made of an Onsiteable Identity Verification Service.

  • 10.4 Onsiteable Identity Verification Services may be modified at any time.

  • 10.5 The Onsiteable Platform may also include a User-initiated feedback system to help evaluate Users.

  • 10.6 Onsiteable may make Badges available to Onsiters. The available Badge can be requested by the Onsiter via the Onsiteable Platform and arranged on behalf of the Onsiter and issued by Onsiteable, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Onsiter and determined by Onsiteable or a third-party verifier which shall be governed by its terms.

  • 10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Service Contract, you do so aware of this limitation. You should seek to verify any Badge with the Onsiter prior to commencing the task.

  • 10.8 It remains the Onsiter's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Onsiteable immediately if a Badge is no longer valid.

  • 10.9 Onsiteable may, at its discretion, issue Badges or certifications to Onsiters for a fee.

  • 10.10 The issue of a Badge to an Onsiter remains in the control of Onsiteable and the display and use of a Badge is licensed to the Onsiter for use on the Onsiteable Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Onsiteable Platform.

  • 10.11 Onsiteable retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Onsiteable.

11. COVID-19 VACCINATION BADGES

User Obligations

  • 11.1 For a COVID-19 vaccination badge (Covid Badge) to be added to your Onsiteable user profile, You must provide Onsiteable with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to Onsiteable that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive, or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive, or fraudulent you may be barred from using the Onsiteable platform in future.

Consent to Process Data

  • 11.2 By submitting your personal information or otherwise using the Onsiteable platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that Onsiteable may provide your personal information to any third-party service provider contracted for the purposes of assessing your data. Onsiteable (and its third-party processors) may store your personal information for the duration of your period as a User of the Onsiteable platform and up to 6 months after you terminate your profile on the platform.

Assessment Process

  • 11.3 Onsiteable (or its third party processors) will assess the Covid Documentation provided by a User and verify that:

    • the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority.

    • the name on the Covid Documentation matches the name of the User (Customer or Onsiter) recorded on the Onsiteable platform.

  • Onsiteable will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that Onsiteable has carried out the above steps only. Onsiteable gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.

  • 11.4 You understand and agree that individual Users (Customers or Onsiters) are solely responsible for the accuracy of the information they provide and Onsiteable does not undertake investigations in relation to Users' vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or Onsiter) you may come in contact with during the course of a Service, whether or not they have a Covid Badge. You expressly release, indemnify and hold harmless Onsiteable and its associates and its third-party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the Onsiteable platform.

Disclaimer

  • 11.5 USERS OF THE PLATFORM ACKNOWLEDGE THAT THE ONLY STEPS ONSITEABLE HAS TAKEN TO ASSESS THE VERACITY OF THE COVID DOCUMENTATION ARE AS SET OUT ABOVE. CONSEQUENTLY, THE ISSUE OF A COVID BADGE TO A USER (CUSTOMER OR ONSITER) BY ONSITEABLE MAY NOT BE RELIED UPON AS VERIFICATION THAT THE USER HAS VALID COVID DOCUMENTATION ISSUED BY A RELEVANT GOVERNMENT AUTHORITY OR IS VACCINATED. ONSITEABLE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY A USER OF THE PLATFORM IN RELIANCE ON THE COVID BADGE OTHER THAN AS EXPRESSLY CONTEMPLATED BY THESE TERMS AND CONDITIONS.

12. INSURANCE

  • 12.1 Onsiteable may offer its Users in Australia an opportunity to obtain insurance for certain Service Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Onsiteable website when they are available. Onsiteable confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.

  • 12.2 Onsiteable does not represent that any insurance it acquires or which is offered via the Onsiteable Platform is adequate or appropriate for any particular User.

  • 12.3 Each User must make its own enquiries about whether any further insurance is required and Onsiters remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Onsiteable Platform.

  • 12.4 Onsiteable may also take out other insurance itself and that insurance may at Onsiteable's option extend some types of cover to Users. Onsiteable reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies is available on the Onsiteable website and the policy details can be requested via Onsiteable. Users are responsible for familiarising themselves with these details.

  • 12.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by an Onsiter, and the insurance taken out by Onsiteable (if any) responds to that claim then this clause applies. If a claim is made against an Onsiter, Onsiteable may (provided that the Onsiter consents) elect to make a claim under any applicable policy and if the claim is successful, Onsiteable reserves its right to recover any excess or deductible payable in respect of the claim from the Onsiter. Where Onsiteable makes a claim and the insurer assesses that the Onsiter is responsible, Onsiteable is entitled to rely on that assessment. If You do not pay any excess due under this clause, Onsiteable may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.

  • 12.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by an Onsiter, and the insurance taken out by Onsiteable (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Onsiteable may elect to reject or pay an amount to settle a claim not covered by Onsiteable's own insurance policies. To the extent that the Onsiter was or would be liable for the amount of the claim, if Onsiteable elects to pay an amount to settle the claim the amount paid by Onsiteable may be recovered by Onsiteable from the Onsiter. Onsiteable may also elect to set this amount off against future moneys it may owe to the Onsiter.

14. LIMITATION OF LIABILITY

  • Please see Terms for the applicable exclusions and limitations of liability.

15. PRIVACY

  • 15.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.

  • 15.2 Onsiteable will endeavour to permit you to transact anonymously on the Onsiteable Platform. However, in order to ensure Onsiteable can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Onsiteable reserves the right to ask Users to verify themselves in order to remain a User.

16. MODIFICATIONS TO THE AGREEMENT

  • 16.1 Onsiteable may modify this Agreement or the Policies (and update the Onsiteable pages on which they are displayed) from time to time. Where Onsiteable make material modifications, we will send notification of such modifications to Your Onsiteable account or advise You the next time You login.

  • 16.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Onsiteable Platform in any manner, including engaging in any acts in connection with a Service Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.

  • 16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Onsiteable who will terminate Your Onsiteable account, and stop using the Onsiteable Service.

17. NO AGENCY

  • 17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Onsiteable, its related entities or affiliates in any way whatsoever. Onsiteable confirms that all Third-Party Services that may be promoted on the Onsiteable Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Onsiteable specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

18. NOTICES

  • 18.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Onsiteable's contact address as displayed on the Onsiteable Platform, or to Onsiteable Users' contact address as provided at registration. Any notice shall be deemed given:

    • a. if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and

    • b. if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Onsiteable Platform account.

  • 18.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

19. MEDIATION AND DISPUTE RESOLUTION

  • 19.1 Onsiteable encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Onsiteable may, in its absolute discretion, share Your information with other parties involved in the dispute.

  • 19.2 Onsiteable may elect to assist Users resolve disputes. Any User may refer a dispute to Onsiteable. You must co-operate with any investigation undertaken by Onsiteable. Onsiteable reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Onsiteable's determination in an applicable court or tribunal.

  • 19.3 Onsiteable has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.

  • 19.4 Onsiteable may provide access to a Third-Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third-Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third-Party Service and Users are responsible for paying any costs associated with the Third-Party Dispute Service in accordance with the Third-Party Dispute Service terms and conditions.

  • 19.5 Disputes with any Third-Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third-Party Service provider.

  • 19.6 If You have a complaint about the Onsiteable Service please contact bowen@onsiteable.com.au.

  • 19.7 If Onsiteable provides information about other Users to You for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Onsiteable for any costs, losses or liabilities incurred by Onsiteable in relation to any claims relating to any other use of information not permitted by this Agreement.

20. TERMINATION

  • 20.1 Either You or Onsiteable may terminate your account and this Agreement at any time for any reason.

  • 20.2 Termination of this Agreement does not affect any Service Contract that has been formed between Onsiteable Users.

  • 20.3 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

  • 20.4 If Your account or this Agreement are terminated for any reason then You may not without Onsiteable's consent (in its absolute discretion) create any further accounts with Onsiteable and we may terminate any other accounts You operate.

21. GENERAL

  • 21.1 This Agreement is governed by the laws specified in Australian Specific Terms.

  • 21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

  • 21.3 This Agreement may be assigned or novated by Onsiteable to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

  • 21.4 This Agreement sets out the entire understanding and agreement between the User and Onsiteable with respect to its subject matter.

22. Onsiteable Delivery and Courier Terms and Conditions
Onsiteable PTY LTD (referred to as “Onsiteable” in our terms and conditions)
These terms apply to you each time you access or use any application, website, content, product, or service provided by Onsiteable, including:
•    Onsiteable Courier, and
•    Any other delivery services provided to you by Onsiteable from time to time.
Onsiteable – Terms and Conditions for Delivery and Courier Services
These terms apply to you each time you request a delivery or courier service from Onsiteable, including:
•    Any delivery or courier service provided to you by Onsiteable Courier, and
•    Any other delivery services provided to you by Onsiteable from time to time.
By using or placing an order using an Onsiteable branded application or website, or by accessing services provided via such application or website, you confirm that you accept the above terms and conditions as applicable and agree that they will apply to the use of the services described in these terms. Please read these terms carefully before accessing or using the services.

Scope of these Onsiteable Terms
Onsiteable Services may be provided by Onsiteable or, if specified in these Onsiteable Terms or any supplemental terms, affiliates of Onsiteable. However, the Onsiteable Services provided by Onsiteable under these Onsiteable Terms may include any third-party delivery services. If you request Onsiteable Delivery or Courier Services, that service will be provided to you under a separate delivery or courier services agreement (“Onsiteable Delivery Terms”) between you and Onsiteable.

Onsiteable Delivery Services
Onsiteable will provide the Onsiteable Delivery Services to you in accordance with these Onsiteable Delivery Terms. The Onsiteable Delivery Services constitute the provision of the delivery component of the following services:
•    Onsiteable Courier, which allows you to request delivery of Packages or items (as defined below) to a designated address using a mobile or web-based application or other interface offered by Onsiteable.
For clarity, the Onsiteable Delivery Services may include third-party Merchant Delivery.

Courier Delivery Services
Courier allows you to request delivery of package(s) or item(s) (both the content and the materials for its containment) (the “Package(s) or item(s)”) by Onsiteable to a designated address using a mobile or web-based application or other interface offered by Onsiteable (the “Onsiteable App”). Courier is made available via the Onsiteable App, and is subject to the Onsiteable Terms. However, any Onsiteable Delivery or Courier Services you order in connection with Courier is subject to these Onsiteable Delivery Terms.

Package Restrictions
You must ensure that the Package(s) or item(s), together, for a request selecting the ‘Package’ delivery request option:
•    Are not greater than 2;
•    Fit comfortably in the boot of a mid-size motor vehicle;
•    Do not have a total value greater than AUD $100.
For a request selecting the ‘Small Package’ delivery request option:
•    Are not greater than 5 kilograms;
•    Fit comfortably in the delivery bag of a motorbike or bicycle;
•    Do not have a total value greater than AUD $100.
You must prepare, appropriately package, and securely close and seal the Package(s) for safe delivery.

Loss or Damage to Packages
You acknowledge and agree that Courier Delivery Services are available for sending Packages up to AUD $100 in value. The following terms apply in case of loss or damage:
•    If a Package is lost or damaged in transit due to Onsiteable’s negligence, you may be eligible for compensation up to AUD $100, subject to investigation.
•    Onsiteable does not provide insurance for loss, damage, or theft. If insurance coverage is desired, you should contact an insurance agent or broker.
•    If you use Onsiteable Courier to send food, beverages, or perishable items, you assume full responsibility for any damage due to temperature sensitivity and/or tampering after delivery.
•    Claims for lost or damaged packages must be submitted within 7 days of delivery or the expected delivery date.

Cancellations and Refunds for Courier Delivery Services
•    If you cancel 5 minutes or more after a Delivery Person accepts your Courier Delivery Service request, you will be charged a cancellation fee.
•    If you cancel after the Delivery Person has collected the Package or Item, you may be charged reasonable costs for the return of the Package to you.
•    If the Onsiteable Delivery Services fail or are cancelled for any reason that Onsiteable determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for that purchase.

​

Requesters may not send the following items:

  • Alcohol 0.5% ABV or higher (e.g. beer, wine, liquor) 

  • Food or other edible products that have passed their Used By or Best Before date

  • Tobacco, tobacco products, vaping products or similar items (whether containing nicotine or otherwise) 

  • Recreational drugs or illicit substances

  • Cannabidiol (CBD) including oil or food products; any form of marijuana or paraphernalia; other herbal controlled substances

  • Illegal or controlled edible products (e.g. horse meat, shark fin)

  • Binge drinking, smoking, or drug-related paraphernalia and tools (e.g. funnels or snorkels designed for alcohol, rolling papers)

  • Pornography 

  • Weapons, including firearms, ammunition, and their parts

  • Explosives, including ammunitions, fireworks, igniters, flares, and sparklers

  • Heavy duty construction tools, portable generators, and other items containing motors

  • Car or vehicle batteries 

  • Industrial batteries and supercapacitors/ultracapacitors

  • Illegal items (items that are illegal to possess, transfer or sell), or regulated items unless expressly permitted. This includes items that are illegal when sold for recreational purposes (e.g. cream chargers)

  • Stolen or counterfeit goods

  • Pathological samples and other bio-hazardous bodily substances (e.g. blood samples)  

  • Pest and insect poisons (cockroach poison, rat baits, moth balls). Not to be confused with pest and insect repellents

  • Items containing hazardous chemicals as defined by the Globally Harmonised System of Classification and Labelling of Chemicals (GHS). This includes any items containing substances which are corrosive on contact, combustible or flammable at temperatures of 40 degrees celsius or lower, or otherwise oxidising, toxic and/or infectious. This does not include low risk household items as specified in this policy.

  • People or animals including Endangered Species or parts thereof; regulated plants (e.g. noxious weeds, plants, prohibited seeds)

  • Money; gift cards; lottery tickets; coins; travellers cheques; securities of any kind payable to bearer; platinum, gold or silver, manufactured or otherwise; jewels; other articles of high intrinsic value; or precious stones (all valuable natural mineral stone, silica or substances extracted from the group, whether in its natural state or refined, processed, set or treated); monetary donations 

  • Medicines and other pharmaceutical items (including medical devices, pregnancy tests, face masks, vitamins and supplements for weight loss or nutrition, protein powder, herbalifes, Rapid Antigen Tests)

  • Any other class of item that is only able to be sold to persons that are 18 years or older under applicable laws and regulations

  • Any items for which the requester does not have permission to send

Provided that all relevant labelling, disclaimer, and compliance obligations are met, and that items are properly packaged so as to minimise risk of injury to delivery people, requesters are able to send the following items:

  • Certain low risk aerosols (this means deodorants and antiperspirants, air fresheners, cooking oils, pest and insect repellents, and hair sprays)

  • Non-aerosol insect and pest repellents (not to be confused with insecticides and pesticides, which are prohibited) 

  • Gardening and household tools (including painting tools), with the exception of knives and boxcutters

  • Non-aerosol paints and similar items containing low-level hazardous chemicals (including paint thinners, varnish, paint removers) 

  • Low risk household cleaning and gardening items (such as soap, disinfectant, surface spray and bleach)

  • Can send electronics including laptops, mobile phones, TVs, chargers but limited to a maximum of 2 lithium batteries with maximum 99WH each within products (e.g. laptops), but no loose/spare lithium batteries. Electronics must be suitably packed and protected, for example with a strong outer box

In addition to the restrictions above, requesters who are using Onsiteable Courier Service:

  • May not send orders with a value greater than $100 AUD (unless otherwise agreed in writing).

  • Can send power tools but must be suitably packed and protected

In addition to the restrictions above, requesters who are using Onsiteable Courier Service may not send:

  • Items with a total value greater than $100 AUD

  • Fragile items

  • Knives (including box cutters) and any sharp objects

  • Power tools

  • Any items reasonably likely to be perceived by the recipient as threatening or harassing, or otherwise contravening the Community Guidelines

Delivery persons may cancel a delivery or trip request if they feel unsafe accepting the request. This includes if they believe the order is too heavy or bulky for them, or unsafe for them to carry. The following guidelines detail the maximum sizes for delivery:

  • Maximum number of items: 8 (bags, boxes)

  • Maximum weight limit for Courier deliveries: 25kg per item 

  • Maximum weight limit for Courier deliveries: 25kg combined per delivery

  • Maximum weight and size limit for Courier Bike deliveries: 7kg and 50 x 45 x 30 cm

  • Maximum size for motorbike and bicycle Direct deliveries: 50 x 45 x 30 cm. These measurements are based on the dimensions of a delivery bag

  • Maximum size for car deliveries: 2m3 (e.g. roughly 175 x 130 x 90 cm). These measurements are based on the dimensions of a mid-size car boot

  • Note that delivery people are able to cancel a delivery request if they believe a package is too heavy, bulky, or unsafe for them, even if it does not reach the maximum specifications above.

​

Revised 30 September 2024

APPENDIX A:

MODEL SERVICE CONTRACT

The terms used in this Service Contract have the meaning set out in the Onsiteable Glossary. A Service Contract is created in accordance with the Onsiteable Agreement. Unless otherwise agreed, the User and the Onsiter enter into a Service Contract on the following terms:

  • 1 COMMENCEMENT DATE AND TERM

    • 1.1 The Service Contract is created when the User has been allocated to the Onsiter to provide Services.

    • 1.2 The Service Contract will continue until terminated in accordance with clause 7.

  • 2 SERVICES

    • 2.1 The Onsiter will perform Services in a proper and workmanlike manner.

    • 2.2 The Onsiter must perform the Services at the time and location agreed.

    • 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Service Contract.

    • 2.4 The parties acknowledge that the Service Contract is one of personal service where the User selected the Onsiter to perform the Services. Therefore, the Onsiter must not subcontract any part of the Services to any third party without the User's consent.

    • 2.5 The Onsiter always remains responsible and liable to the User for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Onsiter.

  • 3 WARRANTIES

    • 3.1 Each party warrants that the information provided in the creation of the Service Contract is true and accurate.

    • 3.2 The Onsiter warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.

  • 4 PAYMENT OR CANCELLATION

    • 4.1 Upon the creation of the Service Contract, the User must pay the Agreed Price into the Payment Account.

    • 4.2 Upon the Services being completed, the Onsiter will provide notice on the Onsiteable Platform.

    • 4.3 The User will be prompted to confirm the Services are complete. If the Onsiter has completed the Services in accordance with clause 2, the User must use the Onsiteable Platform to release the Onsiter Funds from the Payment Account.

    • 4.4 If the parties agree to cancel the Service Contract, or the User is unable to contact the Onsiter to perform the Service Contract, the Onsiter Funds will be dealt with in accordance with the User's Onsiteable Agreement.

    • 4.5 In the event that a Task:

      • a. has been assigned for 30 days; and

      • b. is inactive for 7 days beyond the due date for that Task (i.e. inactive means where there has been no communication between the parties through the Onsiteable Platform or the Task has not been subject to any reschedule request), the Task will be automatically cancelled, and the Task Payment will be returned to the Customer, and the Reservation Fee will be retained by Onsiteable.

  • 5 LIMITATION OF LIABILITY

    • 5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Service Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

    • 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

  • 6 DISPUTES

    • 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

    • 6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Onsiteable and act in accordance with clause 18 of the Onsiteable Agreement.

  • 7 TERMINATION OF CONTRACT

The Service Contract will terminate when:

  • a. the Services are completed and the Agreed Price is released from the Payment Account;

  • b. a party is terminated or suspended from the Onsiteable Platform, at the election of the other party;

  • c. otherwise agreed by the parties or the Third Party Dispute Service; or

  • d. notified by Onsiteable in accordance with the party's Onsiteable Agreement.

  • 8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

  • 9 GOVERNING LAW

The Service Contract is governed by the laws of the jurisdiction where the Requested Service was confirmed on the Onsiteable Platform.

Revised 30 September 2024

APPENDIX B:

COUNTRY SPECIFIC TERMS

Australian Terms

If You are a User who has Your Onsiteable Platform account in (or the Services are performed in) Australia then the following terms will also apply to or may vary this Agreement to the extent specified:

a. a reference to "A$", "AUD", "$A", "dollar" or "$" is to Australian currency;

b. "Onsiteable" means Onsiteable PTY LTD, ABN: 37682638437, an Australian Company;

c. "ACL" means the Australian Consumer Law;

d. "Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL;

e. "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);

f. This Agreement is governed by the laws of Victoria, Australia. You and Onsiteable submit to the exclusive jurisdiction of the courts of Victoria, Australia; and

g. The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Service Contract, even if they are not already incorporated by law.";

h. The exclusions and limitations of liability shall be as follows:

  • (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Onsiteable specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Users and Onsiters.

  • (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Onsiteable specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Onsiteable Platform.

  • (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Onsiteable is not liable for any Consequential Loss arising out of or in any way connected with the Onsiteable Services.

  • (4) Except for liability in relation to a breach of any Non-excludable Condition, Onsiteable's liability to any User of the Onsiteable Service is limited to the total amount of payment made by that User to Onsiteable during the twelve month period prior to any incident causing liability of Onsiteable, or AUD$50.00, whichever is greater.

  • (5) Onsiteable's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

i. If a Service is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the User or the Onsiter, a credit will be applied to the User's account for the Agreed Price as a Onsiteable Credits, which may be used for another Service. To the extent the credit has not been used after 36 months, it will be cancelled and retained by Onsiteable.

Onsiteable Glossary

"Agreement" means the most updated version of the agreement between Onsiteable and a User.

"Agreed Price" means agreed price for Services (including any variation) paid into the Payment Account made by the User but does not include any Service Fees or other costs incurred by the Onsiter when completing Services which the User agrees to reimburse.

"Onsiteable", "we" "us" or "our" means the legal entity prescribed in Country Specific Terms.

"Onsiteable Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Onsiteable.

"Onsiteable Credits" means the physical or virtual card, coupon, voucher, code or a discount or refund provided as an account credit (, which includes payment returns of the Agreed Price (in the context of a cancellation of a Service Contract)) or anything else identified or described as 'Onsiteable Credit' in this Agreement, for use on the Onsiteable Platform.

"Onsiteable Platform" means the Onsiteable website at www.onsiteable.com.au, Onsiteable smartphone app, and any other affiliated platform that may be introduced from time to time.

"Onsiteable Service" means the service of providing the Onsiteable Platform, which for the avoidance of doubt, includes any features available on the Onsiteable Platform for Users, such as payment processing functionality.

"Badge" means an Onsiteable Badge and Verification Icon.

"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their Onsiteable Platform account, other than a Saturday, Sunday or public holiday.

"Business Partner Contract" means a contract between a Business Partner and an Onsiter to perform Business Services.

"Business Partner" means the business or individual that enters into an agreement with Onsiteable to acquire Business Services.

"Business Services" means Services provided by an Onsiter to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).

"Cancellation Fee" means:

  • the Reservation Fee paid by the User if the User is responsible for the cancellation; or

  • an amount equal to the Reservation Fee for the applicable Service Contract, payable by the Onsiter if the Onsiter is responsible for the cancellation.

"Reservation Fee" means the fee payable by the User to Onsiteable as consideration for the Onsiteable Services (separate to the Agreed Price) which is displayed to a User prior to entering into each Service Contract.

"Consequential Loss" means any loss, damage or expense recoverable at law:

  • a. other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or

  • b. which is a loss of:

    • a. opportunity or goodwill;

    • b. profits, anticipated savings or business;

    • c. data; or

    • d. value of any equipment, and any costs or expenses incurred in connection with the foregoing.

"Country Specific Terms" means those terms set out in Appendix B.

"Customer" means a User that uses the Onsiteable Platform to search for particular Services.

"Fees" means all fees payable to Onsiteable by Users including the Service Fee.

"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Onsiteable Badges and Verification Icons.

"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

"Payment Account" means the account operated by the Payment Provider.

"Payment Provider" means an entity appointed by Onsiteable that manages and operates the Payment Account including accepting payments from and making payments to Users.

"Personal Information" has the same meaning as described in Country Specific Terms.

"Policies" means the policies posted by Onsiteable on the Onsiteable Platform.

"User" means a User that uses the Onsiteable Platform to search for particular Services.

"Requested Service" means the User's request for Services published on the Platform (including via Search Assist), may includes the deadline for completion, price and description of the Services to be provided.

"Reference" means a feature allowing a User to request other Users to post a reference on the Onsiteable Platform endorsing that User.

"Service Fee" means the Reservation Fee and the Onsiter Service Fee.

"Services" means the services to be rendered as described in the Requested Service, including any variations or amendments agreed before or subsequent to the creation of a Service Contract.

"Service Contract" means the separate contract which is formed between a User and an Onsiter for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Service Contracts.

"Onsiter" means a User who provides Onsite Services to other Users.

"Onsiter Funds" means the Agreed Price less the Onsiter Service Fee.

"Onsiter Listing" means a page published by an Onsiter, containing details (including prices) of a service they are willing to provide to Users.

"Onsiter Service Fee" means the fee payable by the Onsiter to Onsiteable as consideration for the Onsiteable Services (and comprised as part of the Agreed Price) displayed to an Onsiter prior to entering into each Service Contract.

"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Onsiteable Platform from time to time.

"User" or "You" means the person who has signed up to use the Onsiteable Platform, whether as the Customer, User, Onsiter, or otherwise.

"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Onsiteable Platform to confirm details such as a User's qualification, license, certificate or other skill.

Rules of Interpretation:

In the Onsiteable Agreement and all Policies, except where the context otherwise requires:

  • a. the singular includes the plural and vice versa, and a gender includes other genders;

  • b. another grammatical form of a defined word or expression has a corresponding meaning;

  • c. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

  • d. the applicable currency shall be the currency specified in Country Specific Terms;

  • e. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

  • f. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

  • g. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

  • h. headings are for ease of reference only and do not affect interpretation;

  • i. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and

  • j. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.

Revised 30 September 2024

Ontime Onboard Onsiteable

+61 466 555 333

bowen@onsiteable.com.au

© 2025 Onsiteable

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