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User Agreement: www.errandworld.co.za
Covesto Pty Ltd (“errand world”, “we” or “us”) operates an online platform (“Errand World”) allowing users (“User” or “You”) to connect and perform business and personal services and outsource errands through errand world’s platform including through our website at https://www.errandworld.co.za/, the errand world iPhone application or errand world Android application or any other platform we may introduce in the future (“Errand world Platform”).
1.1 Errand World provides a platform for connecting people who have errands that need done, with those willing to do the job (“Runners”).
1.2 A reference to User in this agreement includes Job Posters “Erranders”, Runners and any other person that visits or views the Errand World Platform.
1.3 A User creates an account with Errand World when s/he validly completes a registration form on the Errand World Platform.
1.4 Errand World provides the platform only. Apart from enabling an Errander to find a Runner to provide a particular service, Errand World accepts no liability for any aspect of the Errander and Runner interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. Errand World has no obligation to any User to assist or involve itself in any way in any dispute between an Errander and a Runner.
1.5 All information related to services to be performed or goods to be provided is supplied by Errand World Users. Unless expressly stated to the contrary, Errand World does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Errand World Platform.
1.6 You expressly agree that Errander has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users or the honesty or accuracy of any information provided by Erranders or the Erranders’ ability to pay for the services requested.
2.1 The Errand World Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Errand World Service may be separately described on the Errand World Platform.
2.2 An Errander with a requirement for a service to be provided (1) Registers an account on Errand World and (2) posts an accurate and complete description of the errand to be provided (including, but not limited to, the payment offered to the Runner) (“Posted Errand”). Posted Errands are subject to further terms set out for Posting Errands and Making Offers below.
2.3 A Runner with an ability to perform services (1) creates an account with Errand World and (2) browse through posted errands uploaded by Erranders.
2.4 If a Runner desires to provide services an Errander, the Runner must make an offer/bid in response to the Posted errand (“Offer”). By accepting an Offer the Runner agrees that s/he is legally entitled to and capable of offering services described in the Posted errand. Offers are subject to further terms set out for Posting errands and Making Offers below.
2.5 If an Errander in any way updates a Posted errand after it has been published on the Errand World Platform and before an offer has been accepted, then Errand World may, at its discretion, cancel all Offers for that Posted errand that were made prior to the update and recommence the offer process.
2.6 If the Errander agrees to an Runner’s offer, the Errander will accept the Runner's Offer by using the functionality on the Errand World Platform and paying the agreed price into the Runner’s E.W. wallet or payment facility accessible via the Errand World Platform.
2.7 The Runner and Errander use an instant chat on the Errand World Platform to communicate directly about posted requests for services. Once an Errander has accepted an offer from a Runner, the Errander and the Runner can communicate privately using an Errand World private instant chat.
2.8 Once an Errander has accepted an offer from a Runner and paid the agreed price into the E.W account then the Errander and the Runner will be deemed to have entered into a separate contract ("an Errand Contract").
2.9 The terms of the Errand Contract incorporate the terms of this Agreement (to the extent they apply to the Errander and the Runner) and any additional terms and conditions agreed between the Errander and the Runner, including the description and price of the services to be provided. You agree not to enter into any contractual provisions in an Errand Contract that conflict with this Agreement. The terms of this Agreement incorporated into an Errand Contract take priority over any other terms agreed between a Errander and a Runner in the Errand Contract to the extent of any inconsistency.
2.10 The Runner must provide the services to the Errander in accordance with the Errand Contract, unless the services or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
2.11 Once a Runner has provided the services requested by the Errander in accordance with the Errand Contract, the Runner must provide notice that the errand is complete .It will be a breach of this Agreement and the Errand Contract if a Runner provides notice that a task is complete for a particular Posted errand without having provided the relevant services.
2.12 Once a Runner has provided the relevant services in accordance with the Errand Contract and has provided notice that the errand is complete relating to a particular Posted errand, the Errander must release the agreed payment for the services offered by using the. It will be a breach of this Agreement and the Errand Contract if, after a Runner has provided the relevant services in accordance with the Errand Contract and provided notice that a errand is complete for a particular Posted errand, the Errander fails to release the agreed payment.
2.13 Once the Errander has released the payment, the fee will be paid from the EW Account to the Runner after the deduction of the relevant fees set out in the Service Fee Schedule in Fees below ("Service Fees").
2.14 Once a transaction is concluded, both the Runner and Errander are strongly encouraged to complete a service review using any feedback features on the Errand World Platform. Errand World will, from time to time, contact You to remind You to complete an Errand World service review.
2.15 The Errand World Platform may from time to time include location/ map-based functionality. The Errand Platform may display the location of Erranders and Runners to persons browsing the Errand World Platform. Each Errander will be asked to provide the street and suburb where the errand is to be performed A Job Poster should never disclose personal details such as Job Poster's full name, street number, phone number or email address in a Posted errand or in any other public communication on the Errand Platform.
2.16 Errand World may from time to time include on the errand Platform a "Hire Me" feature which enables Errand World Users who are browsing other User profiles to post a request for services based on the skills, reputation or other profile attributes of a particular User. When this occurs, the Errand World User who the Errander would like to make an Offer will be automatically notified (i) of the new Posted errand, and (ii) that the Errander would like him/ her to make an Offer to supply services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Runner for the Posted errand.
2.17 From time to time, Errand World may enter into agreements with business partners ("Business Partners") to enable Business Partners to acquire aspects or functions of the Errand World Platform, and may seek to engage Runners in the provision of goods or services which the Business Partner will on sell to other parties (such as its customers). For the purposes of these Terms, when a Business Partner is engaged in this way, the Business Partner will be an Errander and the errand will be a Posted errand for the purposes of these Terms.
2.19 Before a Business Partner enters into a contract with a Runner, it may be required the Runner to enter into additional terms for the engagement ("Business Partner Contract") before the Runner can undertake any work introduced by a Business Partner.
2.20 Where an Runner accepts a Posted errand with a Business Partner:
(a) the Runner must provide the services to the Business Partner in accordance with the Errand Contract created by these Terms and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
3.1 Where an Errander pays an agreed price for services into the EW Account in respect of a Posted errand ("Errand Payment") that Errand Payment will be used to pay the Runner and Errand World in accordance with this Agreement. If that payment cannot be made for any reason the Errand Payment moneys will be handled in accordance with this clause 3.
3.2 If the Errander and the Runner mutually agree to cancel the Errand Contract or if, following reasonable attemps by an Errander to contact a Runner to perform the Errand Contract, Errand World is satisfied that the Errand Payment should be refunded and there is no dispute between the Errander and the Runner, then Errand World will refund the Errand Payment back into the Errander’s nominated account with a deduction of 15%.
3.3 If, for any reason, the Errand Payment cannot be transferred or otherwise made to the Runner or the Errander(as the case may be) or no claim is otherwise made for a Errand Payment, the Errand Payment will remain in the EW Account until paid or otherwise for up to three months from the date the errander initially paid the errand Payment into the EW Account.
3.4 Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Errand Payment the Errand Payment will be automatically converted into Errand World credit and credited to the relevant Errander or Runner ("Holder"). The credit will be to the account of the Errander except where the Errand World Worker has claimed the Errand Contract has been completed but for whatever reason the Errand Payment was not able to be transferred.
3.5 Credit on an Errand World voucher or any other form of Errand World card, coupon, voucher or code (in physical or virtual form) containing credit, or a discount, for use on the Errand World Platform ("Stored Value Card"), whether purchased or issued by Errand World free of charge, is also a form of Errand World credit that can be held by a holder (also a "Holder"). Stored Value Cards cannot be replaced, exchanged or reloaded and may only be used in the purchase of tasks via the Errand World Platform in accordance with this Agreement. Stored Value Cards:
(a) can be used by the Holder to pay for any new tasks via the Errand World Platform;
(b) is not refundable or redeemable for cash;
(c) expire 12 months from the last date the Errand World credit is topped-up or the Stored Value Card is issued by Errand World or purchased by the Holder (whether by operation of clause 3.4 or any other means) or by any other alternate expiry date applying to the Stored Value Card;
(d) may also be subject to additional, or different, terms and conditions, as specified in relation to a Stored Value Card, such as expiry date, restriction on the errands redeemed (for example only for a User's first errand), specify a minimum errand value, or specify a maximum credit or discount value; and
(e) 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 Holder, or stored in a data retrieval system, without Errand World's prior written permission.
3.6 The Holder is solely responsible for the security of any Stored Value Card. Errand World will have no liability for any loss or damage to the Stored Value Card and does not have any obligation to replace a Stored Value Card.
3.7 Errand World will not accept, and may refuse or cancel, any Stored Value Cards, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Errand World reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value Cards, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or canceled.
4.1 Errand World may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and ew agent on behalf of the Errander and Runner ("EW Provider").
5.1 Errand World may from time to time include on the Errand World Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Errand World.
5.2 Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Errand World Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
5.3 If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.
5.4 Errand World makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Errand World Platform, please let us know of any issue that You experience using a Third Party Service by contacting us .
6.1 Errand World may offer its Users an opportunity to obtain insurance for Errand World Users. Errand World confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services. Errand World may elect to obtain its own insurance that may provide cover for Errand World Users.
6.2 Errand World does not represent that the insurance offered via the Errand World Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as workers compensation insurance) is required.
6.3 The Runner acknowledges and agrees that in the event that a Errander makes a claim relating to any services performed by a Runner, and the insurance taken out by Errand World (if any) responds to that claim then this clause applies. Errand World may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Errand World from the Runner. Where Errand World makes a claim and the insurer assesses that the Runner is responsible, Errand World is entitled to rely on that assessment. If you do not pay any excess, Errand World may also elect to set this amount off against future moneys it may owe to the Runner.
6.4 The Runner acknowledges and agrees that in the event that an Errander makes a claim relating to any services performed a Runner, and the insurance taken out by Runner (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Errand World may elect to pay an amount to the Errander to settle the claim. To the extent that the Runner was or would be liable for the amount of the claim the amount paid by Errand World may be recovered by Errand World from the Runner. Errand World may also elect to set this amount off against future moneys it may owe to the Runner.
6.5 At no point in time is it compulsory for errandworld to insure its users. This is an optional service.
7.1 Errand World may include tools to help Errand World Users to verify the identity, qualifications or skills of other Errand World Platform Users ("Identity Verification Services"). These tools may include: mobile phone verification technology, verification of payment information, a "Reference" feature (allowing a User of the Errand World Service to request other Users to post a reference on the Errand World Platform endorsing that User), integration with social networking sites such as Facebook, Twitter and Linked In and verification icons or badges displayed in association with an Runner and obtained in accordance with clause 7.6 and or clause 7.7.
7.2 You agree that Errand World Identity Verification Services may not be fully accurate as all Errand World Services are dependent on User-supplied information and/or information or verification services provided by third parties.
7.3 Errand World Platform Users are solely responsible for identity verification and Errand World accepts no responsibility for any use that is made of an Errand World Identity Verification Service.
7.4 The Errand World Platform may also include a User-initiated feedback system to help evaluate Errand World User(s).
7.5 The Errand World Services Identity Verification Services may be modified at any time.
7.6 Errand World may from time to time make available certain verification icons to be displayed in relation to a Runner’s profile and Posted errands, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Runner and verified internally by Errand World, or externally by a third party verification provider ("Verification Icons"). The available Verification Icons can be requested by the Runner via the Errand World Platform, and arranged on behalf of the Runner and issued by Errand World, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Runner and determined by Errand World or a third party verifier subject to its terms. It remains the Runner's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Errand World immediately if a Verification Icon is no longer valid.
7.7 Errand World may also from time to time issue certain badges to be displayed in relation to a Runner's profile and Posted errands, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by Errand World The available Errand World Badges will be issued for a fee.
7.8 The issue of a Verification Icon or Errand World Badge to a Runner remains in the control of Errand World and the display and use of a Verification Icon or Errand World Badge is licensed to the Runner for use on the Errand World Platform only. Any verification obtained as a result of the issue of a Verification Icon or Errand World Badge may not be used for any other purpose outside of the Errand World Platform.
7.9 Errand World retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or Errand World Badge if a Runner is in breach of any of the terms of this Agreement, the Verification Icon or Errand World Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Errand World.
8.1 An Errand World account can only be created in the name of an individual. However, an Errand World User registering as a Runner or Errander may specify within the "account description" field that s/he is representing a business entity (including a company).
8.2 To create and account and use the Errand World Services You must be able to form legally binding contracts under applicable law. Errand World Services are not available to persons under 18 years of age. If You do not qualify to use the Errand World Services, You must not use the services.
8.3 While You are registered with Errand World You must maintain control of your Errand World account. You may not deal with your account (including feedback and associated Username) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
8.4 At its absolute discretion, Errand World may refuse to allow any person to register or create an account with Errand World or cancel or suspend any existing account.
9.1 You agree that at all times:
(a) You will comply with this Agreement (including all Errand World Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the Errand World Platform;
(c) You will promptly and efficiently perform all your obligations to other Errand World Users under a Task Contract and to Errand World under this Agreement;
(d) all content (whether provided by Errand World, a User or a third party) on the Errand World Platform may not be used on third party sites or for other business purposes without Errand World 's prior permission; and
(e) You will ensure that You are aware of any laws that apply to You as a Errander or a Runner, or in relation to any other way(s) that You use the Errand World Platform.
9.2 You must not use the Errand World Platform for any illegal or immoral purpose.
9.3 You grant to Errand World an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Errand World Platform for the purpose of including that material and information on the Errand World Platform and as otherwise may be required to provide the Errand World Service, for the general promotion of the Errand World Service and as permitted by this Agreement.
9.4 Any information posted on Errand World Platform must not, in any way whatsoever, be potentially or actually harmful to Errand World or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Errand World. Without limiting any provision of this Agreement, any information You supply to Errand World 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 Errand World 's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Errand World 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.
9.5 You must have the right to provide goods and services under a Task Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a Errand Contract,
9.6 When You enter into a Task Contract using the Errand World Platform You create a legally binding contract with another Errand World User, unless the transaction is prohibited by law or by this Agreement (including the Errand World Policies). If You do not comply with your obligations to another Errand World User under a Task Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not Errand World - are responsible for enforcing any rights that You may have with that User.
9.7 If Errand World determines at its sole discretion that You have breached any obligation under this clause 9, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Errand World Service or cancel or suspend Your account.
10.1 Registering and creating and account with Errand World is free. There is no charge for a Errander to Post errands, or for other Errand World Users to review content on the Errand World Platform, including Posted errands.
10.2 If a Job Poster has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Errand World (or its nominee), which are inclusive of GST.
10.3 The Service Fees will be deducted and paid to Errand World when the agreed price is released from the Escrow Account to the Runner.
10.4 To be clear, Service Fees will be calculated only on the amount that the Runner agrees to charge the Job Poster to provide the service or goods. This means that if a Job Poster requires a Runner to incur costs in completing a task (for example, if the task is purchasing groceries, Runner might agree to pay for the groceries upfront and then be reimbursed by the Job Poster), then the cost incurred will not be included in any calculation of the Service Fees.
10.5 If an Runner agrees to pay some of the costs as part of completing an errand, Runner is solely responsible for having those costs reimbursed by the errander . Errand World will not be responsible for obtaining any reimbursement from an Errander. We advise Runners not to agree to incur any costs for a errander in advance of payment by the Job Poster, unless the Runner is confident that the Errander will reimburse the costs promptly.
10.6 Errand World may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Errand World notifies You of that change by sending a message to your Errand World account.
10.7 Errand World may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Errand World account.
10.8 All fees and charges payable to Errand World are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
10.9 If Errand World introduces a new service on the Errand World Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.
10.10 Where a Runner is offering a service, the Runner must not charge an Errander Service Fees on top of the agreed price for the Services under the Errand Contract.
11.1 A Posted Task must include the following details in order to be accepted by Errand World:
(a) Deadline for completion: the deadline for completion of the errand or delivery of the goods;
(b) Price: the price that the Errander is prepared to pay for the services required; and
(c) Description: a description of the goods or services.
11.2 Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
11.3 As well as the mandatory details mentioned in paragraph 11.1, an Errander may choose to specify additional terms that s/he wants to apply to the transaction
11.4 Erranders must describe the service or goods fully and accurately and include all terms of sale or supply that You want to apply, as well as any information required by law. Posted errands may only include text. You must have the legal right to use any content that You post. Errand World may, in its sole discretion, remove any Posted errand for any reason.
11.5 Prior to the Errander accepting an offer from a Runner, all communications between a Errander and the Errand World User(s) making and Offer to supply the goods or services are visible to all other Errand World Users and can also be viewed by other internet users. All Users of the Errand World Platform must take care when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.
11.6 In making an Offer, a Runner agrees to provide the relevant goods or services within the timeframe and on the terms and conditions specified in the Posted errand (unless the Runner and the Errander agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Runner must provide the goods or services in accordance with the agreed timeframe and terms and conditions).
11.7 Once a Job Poster accepts an offer from a Runner in accordance with clause 2.6, no further negotiations are permitted on the Errand World Platform in relation to the provision of the relevant goods or services. If, after the Job Poster accepts an offer from a Runner, the Runner and Errander wish to negotiate on price or timeframe for completion (for example, where Errander is not satisfied with the Runner’s performance) they may use the Errand World private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Errand World Platform.
11.8 If an Errand World User, Runner or Errander wishes to complain about any comment made on the Errand World Platform, please either use the "Report" function available from time to time on the Errand World Platform, or email Errand World using the contact information on the Errand World Platform.
11.9 Job Posters may choose not to accept any Offer received and is not required to accept the lowest Offer. Job Posters may withdraw any Posted Task at any time prior to accepting an offer from a Runner in accordance with clause 2.6.
11.10 An Errand World User or Runner has no obligation whatsoever to make an Offer on any Posted errand.
12.1 Errand World is entitled to suspend or terminate your account at any time if Errand World, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Errand World Users.
12.2 To continue to improve our Errand World Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.
13.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law 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 Erranders and Runners.
13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Errand World 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 Errand World Platform.
13.3 Except for liability in relation to a breach of any Non-excludable Condition, Errand World 's liability to any User of this service is limited to the total amount of fees paid by that User to Errand World during the twelve month period prior to any incident causing liability of Errand World.
13.4 Errand World '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.
14.1 If You, as a Runner orErrander, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Errand World 's rights under this Agreement (including any Errand World Policy) to suspend (temporarily or indefinitely) or terminate any User's account, You may be in breach of your obligations to both Errand World and the Runner or Errander with whom You are transacting under a Errand Contract.
16.1 Except for liability in relation to any Non-excludable Condition, the Errand World 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 to extent allowed by law.
17.1 Errand World may modify this Agreement and/ or the Policies (and update the A Errand World pages on which they are displayed) from time to time. Errand World will send notification of such modifications to your Errand World account. You should check that account regularly.
17.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Errand World Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
17.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your Errand World account and stop using the Errand World Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Errand World Policy cannot be amended except in writing signed by You and Errand World.
18.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Errand World, its related entities or affiliates in any way whatsoever. Errand World confirms that all Third Party Services that may be promoted on the Errand World service are provided solely by such Third Party Service providers. To the extent permitted by law, Errand World 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.
19.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Errand World’s contact address as displayed on the Errand World Platform, or to Errand World 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 Errander is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
20.1 Errand World encourages You to try and resolve disputes (including claims for returns or refunds) with other Errand World Users directly. Accordingly, You acknowledge and agree that Errand World may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
20.2 Errand World may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Errand World confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The 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..
20.3 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.
20.4 Errand World has the right to hold any Errand Payment the subject of a dispute in the EW Account, until the dispute has been resolved.
20.5 If You have a complaint about the Errand World Service please contact us.
20.6 If Errand World provides information of other Errand World Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Errand World against any claims relating to any other use of information not permitted by this Agreement.
21.1 Either party may terminate an account and this Agreement at any time for any reason.
21.2 Termination of this Agreement does not affect any Errand Contract that has been formed between Errand World Users. If You have entered a Errand Contract You must comply with the terms of that Task Contract including providing the goods or services or paying the price as applicable.
21.3 Third Party Services are subject to Third Party Service provider terms and conditions.
21.4 Sections 10 (Fees), 13 (Limitation of Liability), and 20 (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.
22.1 This Agreement is governed by the laws of South Africa. You and Errand World submit to the exclusive jurisdiction of the courts of South Africa.
22.2 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.
22.3 This Agreement may be assigned or novated by Errand World to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
22.4 User account may not be deleted once it has been created. However upon request, Errandworld may deactivate an account, Meaning all transaction history, Chats and communications, Payment history and bidding history will still be live on the site. Although profile wont be visible to the public and user will no longer receive notifications.
22.5 This Agreement sets out the entire understanding and agreement between You and Errand World with respect to its subject matter.
23.1 The Service Fee for an offer that has been accepted by a Errand World is equal to fifteen per cent (15%) of the amount that was accepted.
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