Can Do TERMS OF SERVICE
This service is operated by Can Do App Ltd ACN 615 663 253 (Can Do).
These Terms of Service govern its use.
The following Terms of Service govern all use of the Candoapp.com.au website (Site), the Can Do Application (App) and all of the services made available by Can Do (taken together, the Service). The Service is offered subject to acceptance and without modification, of all of the Terms of Service contained herein and all other operating rules, policies and procedures that may be published from time to time on the App or Site by Can Do (collectively, the Agreement).
This Service is intended to be used by our Customers who are experiencing acute health issues or other short-term crises, and need assistance from Helpers to assist with day to day tasks.
The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorised employee or representative of a corporation or other business entity.
If you do not so qualify, do not attempt to register for or use the Service. Can Do may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
If you do not agree to all of our Terms of Service of this Agreement, please do not access or use our service in anyway.
(a) The App and Site is a neutral venue where individuals (Customers) can locate and engage with service providers (Helpers).
(b) As a neutral venue, Can Do cannot and will not guarantee:
(i) the availability of Helpers to perform any service requested by you;
(ii) if a Helper agrees to provide a particular service, that the particular Helper will actually perform the particular task that was agreed; or
(iii) the Helper will perform the particular task to your satisfaction.
(c) Our site does not call on you to pay a Helper for their service, or for a Helper to seek payment from you.
(d) Any and all communications, or correspondence, whether it be verbal or written, or any warranties or representations, made with regard to any Helper services are not provided by Can Do, but rather are made specifically and solely by the applicable Helper(s).
(e) Can Do does not prequalify or validate the claims of Helpers including with respect to their licensing, insurance and registration.
(f) Can Do does not pre-screen Helpers for compliance with Commonwealth, state or local laws and regulations and therefore, Can Do recommends that Customers confirm such compliance directly with the applicable Helper(s) before services are rendered.
2. Other terms
(b) In addition, the Company’s Help Section sets forth processes and procedures to help Customers in locating and engaging Helpers through the App or the Site.
(c) Your breach of any of terms or conditions contemplated by this “Other Terms” section shall constitute a breach of this Agreement.
(d) To the extent such additional terms or conditions conflict with this Agreement, these Terms of Service shall prevail.
(a) Can Do reserves the right, at its sole discretion, to modify or replace any provision of this Agreement at any time. It is your responsibility to check this Agreement periodically for any changes.
(b) Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
4. Registration and your customer record
(a) As a condition to using the Service, you may be required to register with Can Do and select a user ID (User ID) and password.
(b) Your User ID and password, together with any other contact information you provide become your ‘Customer Record.’ Your User ID can be changed by contacting Can Do via firstname.lastname@example.org
(c) Where requested, you must provide Can Do with accurate, complete, and updated information about yourself.
(d) Failure to provide Can Do with accurate, complete, and updated information about yourself, shall constitute a breach of this Agreement, which may result in immediate termination of your account.
(e) At all times, you must ensure that your account with Can Do contains a valid email address. In addition, you shall not:
(i) select or use as a User ID, a name of another person with the intent to impersonate that person; or
(ii) select or use as a User ID, a name subject to any rights of a person other than you without appropriate authorisation; or
(iii) select or use as a User ID, a name that is otherwise misleading, offensive, vulgar or obscene. Can Do reserves the right to refuse registration of, or cancel a User ID in its sole discretion.
(f) You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Can Do password.
(g) You must not use another user’s account without such other user’s express permission. You must not transfer or assign your account to any third party. You must immediately notify Can Do of any unauthorised use of your account, or other account related security breach of which you are aware (such notification must be sent by you to Can Do).
(b) You agree to abide by all applicable laws and regulations. By way of example, and not as a limitation, you agree that you will not take any action that will interfere with any use and enjoyment of our Services. Examples of this type of behaviour includes, but is not limited to:
(i) uploading, posting, submitting, or otherwise distributing or facilitating distribution of any content (including text, communications, software, images, sounds, data or other information);
(iii) Sending junk or bulk e-mail (“spamming”); imposing an unreasonable or disproportionately large load on Can Do’s computing, storage or communications infrastructure, or attempting to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service through password mining or otherwise; sending messages that contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorised access to any system, data or other information of Can Do or any third party; or harvesting or collecting any information from the Site; or impersonating any person or entity, including any employee or representative of Can Do.
(c) Can Do may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
(a) Participation in the Can Do service is intended to be without payment from you to Helpers.
(b) You should not offer to pay Helpers for their service.
(c) Helpers should not seek any payment from you for any service.
(d) We will not be responsible for any dispute regarding payments between you and any Helpers related to the Can Do Service.
7. Off-site communications
(a) Can Do acknowledges that you may communicate with Helpers outside of the Can Do service.
(b) You agree that Can Do is not responsible to you or to any Helper as a result of contents of any communication outside of our Service.
(a) You acknowledge that a key component and integrity of the Service is the ability of Customers to leave feedback about services, whether positive, neutral or negative, found through Can Do or otherwise and for other Customers to read and evaluate this feedback and make voluntary choices based upon that feedback. Therefore:
(i) as a Customer, you agree to only provide truthful and fair feedback. You also agree to not accept any payment or other consideration in exchange for influencing your feedback (such as accepting payment in exchange for providing positive feedback with respect to any Helper).
(ii) as a Helper, you agree that you shall not (and shall not attempt to):
(A) improperly influence the feedback of any Customer in any manner; or
(B) post or attempt to post, in any manner or by any means, a feedback review of your own services.
(iii) as a Customer and a Helper, you acknowledge that you may expose yourself to liability if your feedback contains material that is false, intentionally misleading, defamatory; or violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
(b) By leaving your feedback, you represent and warrant that you are the author and owner of the intellectual property rights thereto, all “moral rights” that you may have in such content have been voluntarily waived by you, and that all content posted by you is accurate.
(c) Furthermore, you understand and acknowledge that your feedback may be used in a number of different ways by Can Do, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to Use the feedback material for their own purposes.
(d) As such, you hereby irrevocably grant Can Do world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use your feedback for any purpose.
(e) Please note that you also irrevocably grant the users of the Site and any other media the right to access to your feedback in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against Can Do and its users any claims and assertions of moral rights or attribution with respect to Feedback. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialise, and prepare derivative works of Feedback.
9. Links on the site
(a) From time to time, we may, with permission from the site owner, decide to link to websites that we determine may be of interest to our visitors. These websites may offer educational, governmental or other resources or may be owned or controlled by other third parties.
(b) We are not responsible for the content, information, products, or services of any linked site, any link(s) contained in any linked site, or any changes or updates to the information contained in such sites. Can Do provides links to third party sites only as a convenience and the inclusion of any such link on the Site does not imply Can Do’s endorsement of either the site, the organisation operating such site, or any products or services of that organisation. A visit to any site or page from the Can Do Site via any such link is done entirely at your own risk.
(c) Under no circumstances will Can Do be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any other site.
(d) If you find any link on the Site or any linked website objectionable for any reason, you may notify us at email@example.com Can Do will consider requests to remove links but will have no obligation to do so or to respond directly to you.
10. Disclaimer of Warranties
To the extent permitted by law, the Service (including, without limitation, all materials, information, products and services included in or available through the service) are provided “as is” and “as available”. The service is provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are hereby expressly disclaimed. For clarity, this means that Can Do makes no representations or warranties with respect to the quality or safety of any helper services that you may obtain through use of the service. Can Do does not regulate, monitor, or guarantee the timeliness or quality of any work provided to any customer(s) by any helper(s) (other than facilitating various rankings through the site based on customer reviews and other factors). If you are a customer, you engage helpers solely at your own risk.
11. Limitations on liability
(a) In no event shall Can Do, nor its directors, employees, agents, contractors, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service for any: (i) lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) $500.00.
(b) These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein. As a Helper, you understand and agree that Can Do has no responsibility or liability for a customer’s failure to pay you for Services you have performed.
You agree to defend, indemnify and hold harmless Can Do and its officers, directors, shareholders, employees and agents, from and against all claims, liabilities, damages, losses, costs and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement (or any law or regulation) by you. Can Do reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Can Do in asserting any available defences.
Can Do may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disputes with other users
(a) You agree that Can Do is not responsible for any complaints you may have with other users or Helpers. Any services provided by a Helper to any Customer is a contract between that Helper and that Customer (i.e. Can Do is not a party to any such arrangement).
(b) The Service is simply a means of helping one user finding another user. Can Do is not a staffing agency, representative, provider, or employer to any users. Because Can Do is not the agent of either Customers or Helpers, Can Do will not act as an agent to any such Customers or Helpers in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Services. If you have a dispute with one or more users of the Site or Service, you release Can Do (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(c) To the extent Can Do assists in the resolution of any dispute between any Customer and any Helper, such assistance is only a courtesy and, therefore, you acknowledge that Can Do shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
(a) The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(b) Can Do is not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Can Do’s reasonable control, including without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by you except with Can Do’s prior written consent. Can Do may transfer, assign or delegate this Agreement and its rights and obligations without consent.
(c) This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising from or relating to the subject matter of this Agreement shall be heard by the Courts operating in Sydney Australia.
17. Copyright and trademark notices
(a) Unless otherwise indicated, this Agreement and all content provided by Can Do are copyright © 2017 Can Do App Ltd. All rights reserved.
(b) Except as expressly authorised, the use or misuse of any trade marks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
You may contact Can Do at firstname.lastname@example.org