Please contact us if you have any other questions.
The IronOutlawDotCom terms and conditions (updated February 2019) outline IronOutlawDotCom’s and your obligations and responsibilities on the IronOutlawDotCom Platform.
User Agreement: IronOutlawDotCom
IronOutlawDotCom operates an online platform allowing Users to connect through the IronOutlawDotCom Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the IronOutlawDotCom Glossary.
SCOPE OF IronOutlawDotCom SERVICES
1.1 IronOutlawDotCom provides the IronOutlawDotCom Platform to enable Service Providers to publish Services Available.
1.2 Service Providers may provide a quote in response to an enquiry. Some parts of quote details may be made publicly available, including to internet users who are not Users.
1.3 Service Providers may revoke or modify a Service at any time before he/she accepts a job. A IronOutlawDotCom Service Provider reserves the right to cancel all jobs on a Service made prior to the modification or amendment.
1.4 If a Service Provider accepts a job on the IronOutlawDotCom Platform, a Service Contract is created between the Service Requester and the Service Provider.
1.5 Upon creation of a Service Contract, the Service Requester must pay the Agreed Price either into the Paypal Account or in cash or deposited directly in to the Service Provider’s nominated bank account.
1.6 Once the Service Contract is created, the User and Service Providers may vary the Service Contract on the IronOutlawDotCom Platform. The Service Providers and User are encouraged to use IronOutlawDotCom’s private messaging system to amend or vary the Service Contract (including the Agreed Price) or to otherwise communicate.
1.7 The Service Provider must perform the Services required under the Service Contract, including in accordance with any additional terms or conditions agreed by the parties.
1.8 Once the Services are complete, the Requester must provide notice of that on the IronOutlawDotCom Platform.
1.9 Once the Services are complete, the Service Providers must provide notice of that on the IronOutlawDotCom Platform.
1.10 Once the Service has been completed and the Service Providers confirms the Services are completed, or if IronOutlawDotCom is satisfied the Services have been completed, the contract is deemed fulfilled.
1.11 After the Service Contract is completed, the parties are encouraged to review and provide feedback of the Services on the IronOutlawDotCom Platform.
1.12 IronOutlawDotCom may provide a feature enabling Users to request Services based on another User’s skills, reputation or other attributes.
IronOutlawDotCom’S ROLE AND OBLIGATIONS
2.1 IronOutlawDotCom provides the IronOutlawDotCom Platform only, enabling Users to publish Services and make Quotes on Services.
2.2 IronOutlawDotCom only permits individuals under 18 years of age to become Service Providers with a Parent or Legal Guardian’s consent.
2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, IronOutlawDotCom may refuse to allow any person to register or create an account with IronOutlawDotCom or cancel or suspend any existing account.
2.5 Registering and creating an account with IronOutlawDotCom is subscription based. There is a set charge for a Service Provider to post services, or for other IronOutlawDotCom Users to review content on the IronOutlawDotCom Platform, including Services.
2.6 IronOutlawDotCom accepts no liability for any aspect of a Service Providers and Service Requester interaction, including but not limited to the description, performance or delivery of Services.
2.7 IronOutlawDotCom has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Service Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Service Providers or the Service Requesters’ ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the IronOutlawDotCom 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 IronOutlawDotCom has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the IronOutlawDotCom Platform;
(c) promptly and efficiently perform obligations to other User under a Service Contract; and
(d) ensure that You are aware of any laws that apply to You as a Service Providers or user in relation to using the IronOutlawDotCom Platform.
3.2 You agree that any content (whether provided by IronOutlawDotCom, a User or a third party) on the IronOutlawDotCom Platform may not be used on third party sites or for other business purposes without IronOutlawDotCom’s prior permission.
3.3 You must not use the IronOutlawDotCom Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your IronOutlawDotCom account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant IronOutlawDotCom an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the IronOutlawDotCom Platform for the purpose of publishing material on the IronOutlawDotCom Platform and as otherwise may be required to provide the IronOutlawDotCom Service, for the general promotion of the IronOutlawDotCom Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the IronOutlawDotCom Platform must not, in any way whatsoever, be potentially or actually harmful to IronOutlawDotCom or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by IronOutlawDotCom.
3.7 Without limiting any provision of this Agreement, any information You supply to IronOutlawDotCom or publish in a Service (including as part of an Offer) 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, anti-discrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in IronOutlawDotCom’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 IronOutlawDotCom 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 IronOutlawDotCom Platform may from time to time engage location-based or map-based functionality. The IronOutlawDotCom Platform may display the location of Service Providers s and Service Requesters to persons browsing the IronOutlawDotCom Platform. Each Service Requester will be asked to provide the street and suburb where the Services are to be delivered. A Service Provider should never disclose personal details such as the Service Requester’s full name, street number, phone number or email address in a Service or in any other public communication on the IronOutlawDotCom Platform.
3.9 If You are a Service Provider, You must have the right to provide Services under a Service Contract and to work in Australia. You must comply with tax and regulatory obligations in relation to any payment received under a Service Contract.
3.10 Service Providers must provide Services to Service Requesters in accordance with the Service Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
3.11 You must not, when supplying Services, charge a Service Providers any fees on top of the agreed fee. However, the parties to a Service Contract may agree to amend the Agreed Price through the IronOutlawDotCom Platform.
3.12 If IronOutlawDotCom determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Service or Offer You have submitted to the IronOutlawDotCom Service or cancel or suspend Your account and/or any Service Contracts.
3.13 If a Service Requester agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Service Requester is solely responsible for obtaining any reimbursement from the Service Providers. IronOutlawDotCom advises Service Providers not to agree to incur costs in advance of receiving the payment for these costs, unless the Service Requester is confident the Service Providers will reimburse the costs promptly.
PAYMENTS AND REFUNDS
(a) the Service Providers and the Service Requester mutually agree to cancel the Service Contract; or
(b) following reasonable attempts by a Service Requester to contact a Service Providers to perform the Service Contract, the Service Contract is cancelled;
5.2 If a Service Contract is cancelled:
(a) IronOutlawDotCom will retain the Service Fee in accordance with clause 4.1; and
5.3 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.
THIRD PARTY SERVICES
6.1 IronOutlawDotCom may from time to time include Third Party Services on the IronOutlawDotCom Platform. These Third Party Services are not provided by IronOutlawDotCom.
6.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the IronOutlawDotCom Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
6.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
6.4 IronOutlawDotCom makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our IronOutlawDotCom Platform, Users may inform IronOutlawDotCom of their Third Party Service experience here.
7.1 You can complain about any comment made on the IronOutlawDotCom Platform using the ‘Report’ function of the IronOutlawDotCom Platform or contact IronOutlawDotCom via the IronOutlawDotCom Platform.
7.2 IronOutlawDotCom is entitled to suspend or terminate Your account at any time if IronOutlawDotCom, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other IronOutlawDotCom Users.
LIMITATION OF LIABILITY
8.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, IronOutlawDotCom 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 Service Providers s and Service Providers .
8.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, IronOutlawDotCom 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 IronOutlawDotCom Platform.
8.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, IronOutlawDotCom is not liable for any Consequential Loss arising out of or in any way connected with the IronOutlawDotCom Services.
9.3 IronOutlawDotCom will endeavour to permit you to transact anonymously on the IronOutlawDotCom Platform. However in order to ensure IronOutlawDotCom can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, IronOutlawDotCom reserves the right to ask Users to verify themselves in order to remain a User.
MODIFICATIONS TO THE AGREEMENT
10.1 IronOutlawDotCom may modify this Agreement or the Policies (and update the IronOutlawDotCom pages on which they are displayed) from time to time. IronOutlawDotCom will send notification of such modifications to Your IronOutlawDotCom account or advise You the next time You login.
10.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the IronOutlawDotCom 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.
10.3 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 IronOutlawDotCom who will terminate Your IronOutlawDotCom account, and stop using the IronOutlawDotCom Service.
11.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind IronOutlawDotCom, its related entities or affiliates in any way whatsoever. IronOutlawDotCom confirms that all Third Party Services that may be promoted on the IronOutlawDotCom Platform are provided solely by such Third Party Service providers. To the extent permitted by law, IronOutlawDotCom 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.
12.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to IronOutlawDotCom’s contact address as displayed on the IronOutlawDotCom Platform, or to IronOutlawDotCom 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 Australia.
12.2 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.
MEDIATION AND DISPUTE RESOLUTION
13.1 IronOutlawDotCom encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that IronOutlawDotCom may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
13.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
13.3 IronOutlawDotCom may elect to assist Users resolve disputes. Any User may refer a dispute to IronOutlawDotCom. You must co-operate with any investigation undertaken by IronOutlawDotCom. IronOutlawDotCom reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users. You may raise your dispute with the other User or IronOutlawDotCom’s determination in an applicable court or tribunal.
13.4 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.
13.5 If You have a complaint about the IronOutlawDotCom Service please contact us.
13.6 If IronOutlawDotCom 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 indemnify IronOutlawDotCom against any claims relating to any other use of information not permitted by this Agreement.
14.1 Either You or IronOutlawDotCom may terminate your account and this Agreement at any time for any reason.
14.2 Termination of this Agreement does not affect any Service Contract that has been formed between IronOutlawDotCom Users. If You have entered a Service Contract You must comply with the terms of that Service Contract including providing the Services or paying the Agreed Price as applicable.
14.3 Third Party Services are subject to Third Party Service provider terms and conditions.
14.4 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.
14.5 If Your account or this Agreement are terminated for any reason then You may not without IronOutlawDotCom’s consent (in its absolute discretion) create any further accounts with IronOutlawDotCom and we may terminate any other accounts You operate.
15.1 This Agreement is governed by the laws of Australia. You and IronOutlawDotCom submit to the exclusive jurisdiction of the courts of Australia.
15.2 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.
15.3 This Agreement may be assigned or novated by IronOutlawDotCom to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
15.4 This Agreement sets out the entire understanding and agreement between the User and IronOutlawDotCom with respect to its subject matter.
Revised February 2019. © Copyright IronOutlawDotCom 2019.
MODEL SERVICE CONTRACT
The terms used in this Service Contract have the meaning set out in the IronOutlawDotCom Glossary. A Service Contract is created in accordance with the IronOutlawDotCom Agreement. Unless otherwise agreed, the Service Providers and the Service Requester enter into a Service Contract on the following terms:
1: COMMENCEMENT DATE AND TERM
1.1 The Service Contract is created when the Service Requester accepts the Service Provider’s Offer on a Service to provide Services.
1.2 The Contract will continue until terminated in accordance with clause 7.
2.1 The Service Provider will perform Services in a proper and workmanlike manner.
2.2 The Service Provider 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.
3.1 Each party warrants that the information provided in the creation of the Service Contract is true and accurate.
3.2 The Service Provider warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
3.3 The parties incorporate the Consumer Guarantees into the Service Contract, even if they are not already incorporated by law.
4: PAYMENT OR CANCELLATION
4.1 Upon the creation of the Service Contract, the Service Providers must pay the Agreed Price.
4.2 Upon the Services being completed, the Service Provider will provide notice on the IronOutlawDotCom Platform.
4.3 The Service Requesters will be prompted to confirm the Services are complete. If the Service Provider has completed the Services in accordance with clause 2, the Service Requesters must use the IronOutlawDotCom Platform to rate the service.
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.
6.1 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 IronOutlawDotCom and act in accordance with clause 18 of the IronOutlawDotCom Agreement.
7: TERMINATION OF CONTRACT
The Service Contract will terminate when:
(a) the Services are completed and the Agreed Price is paid;
(b) a party is terminated or suspended from the IronOutlawDotCom Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by IronOutlawDotCom in accordance with the party’s IronOutlawDotCom 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 Australia. The parties submit to the exclusive jurisdiction of Australia.
Revised February 2019. © Copyright IronOutlawDotCom 2019.
“ACL” means the Australian Consumer Law.
“Agreement” means the most updated version of the agreement between IronOutlawDotCom and a User.
“Agreed Price” means agreed price for Services (including any variation) paid to the Service Providers but does not include any costs incurred by the Service Provider when completing Services which the Service Requester agrees to reimburse.
“IronOutlawDotCom” “we” “us” “our” means IronOutlawDotCom Pty Ltd
“IronOutlawDotCom 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 IronOutlawDotCom.
“IronOutlawDotCom Platform” means the IronOutlawDotCom website at www.IronOutlawDotCom.com, IronOutlawDotCom smartphone app, and any other affiliated platform that may be introduced from time to time.
“IronOutlawDotCom Service” means the service of providing the IronOutlawDotCom Platform.
“Badge” means an IronOutlawDotCom Badge and Verification Icon.
“Business Day” means a day on which banks are open for general business in Australia, other than a Saturday, Sunday or public holiday.
“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.
“Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL.
“Fees” means all fees payable to IronOutlawDotCom 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, IronOutlawDotCom Badges and Verification Icons.
“Marketing Material” means any updates, news and special offers in relation to IronOutlawDotCom or its Third Party Services.
“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.
“Service Providers ” means a User that posts on the IronOutlawDotCom Platform advertising their particular Services.
“Reference” means a feature allowing a User to request other Users to post a reference on the IronOutlawDotCom Platform endorsing that User.
“Service Fee” means the fee payable by Users to IronOutlawDotCom as consideration for the IronOutlawDotCom Services displayed to a service person prior to entering into each Service Contract.
“Services” means the services to be rendered as described in the Service, including any variations or amendments agreed before or subsequent to the creation of a Service Contract.
“Site” means the website at www.meandmyanything.com
“Service Contract” means the separate contract which is formed between a Service Providers and a Service Requester 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.
“Service Providers” means a User who provides Services to Service Requester.
“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the IronOutlawDotCom Platform from time to time.
“User” or “You” means the person who has signed up to use the IronOutlawDotCom Platform, whether as the Service Providers, Requester, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the IronOutlawDotCom Platform to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the IronOutlawDotCom 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) a reference to A$, $A, dollar or $ is to Australian currency;
(e) a reference to time is to the time in Victoria, Australia;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) 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;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) 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
(k) 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.
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Revised February 2020. © Copyright IronOutlawDotCom 2020.