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Terms and Conditions

These Terms and Conditions set out the rules for using the PayLocker Platform, covering all Users, Service Providers and Customers, and explain your rights and obligations when engaging through the system.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of PayLocker (“Platform”) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, PayLocker Pty Ltd ABN 45 682 025 654 (“the Company, PayLocker, we or us”).  

The remainder of this agreement is divided into three parts:

  • Part A (All Users), which sets out terms that apply to all Users.
  • Part B (Service Providers), which sets out additional terms that apply to Service Providers, which includes two categories: 
    • Builders; and 
    • Trades, Contractors, Suppliers (and other personnel who are not ‘Builders’) 

who provide services to Customers.

  • Part C (Customers), which sets out additional terms that apply to Customers, being consumer clients of the Service Providers (for example, homeowners).

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you. 

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

WHAT IS THE PURPOSE OF THE PLATFORM?

PayLocker secures your construction payments with government-backed accounts and fraud protection, ensuring transparency and peace of mind for all stakeholders. The purpose of the Platform is to assist Customers and Service Providers with secure and mutually agreed payment transactions in their dealings with one another; and these are our “Services” to our Users.

KEY DEFINITIONS

For the purpose of these terms and conditions, the definitions below mean the following:

Project: refers to the overall scope of work agreed upon between the Customer and the Service Provider, encompassing all tasks, deliverables, and objectives that the Service Provider is contracted to complete. It is defined by specific timelines, stages, and outcomes as mutually agreed upon by the parties involved. 

For example, this could be a residential building contract or works that form part of such a contract (i.e. trades) and/or any associated or independent contract work.

Project Works: are the individual tasks or activities that constitute each stage of the Project. These works are executed by the Service Provider and may include construction, repairs, installations, supply of goods or any other services specified in a Project agreement with the Customer. Each stage of the Project Works is designed to meet certain milestones or deliverables. 

Project Payments: refers to the financial compensation due to the Service Provider by the Customer for the completion of each stage of the Project Works. Payments are typically structured in accordance with the progress milestones outlined in a Project agreement and are contingent upon the Customer’s approval of the completed works.

Project Stage: is a specific phase in a Project, marked by certain tasks or goals that need to be completed before moving to the next phase. Each stage is defined by the agreements between the Customer and the Service Provider, including timelines and objectives. Customer approval may be needed for the release of Project Payments for each stage.

Deposit: A “Deposit” refers to initial or ongoing payments made by the Customer, which are held securely through ASL (defined in Part A) pending the release as part of the Project Payments. This amount is reserved to ensure that funds are available upon satisfactory completion of designated stages of the Project Works. The Deposit remains in escrow within the ASL’s financial system until the Customer approves the completion of the relevant Project Stage, at which point it is applied as a Project Payment to the Service Provider.

All Users

ELIGIBILITY

    1. This Platform is not available for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years.
    2. Please do not access the Platform if you are under the age of 18 years old or if you have previously been suspended or prohibited from using the Platform. 
    3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. 
    4. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means both you personally, and the Represented Entity, and you are binding both yourself and the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
    5. By using the Platform, you warrant that your use of the Platform is in full compliance with all applicable local laws and regulations. The Company reserves the right to immediately suspend or terminate your Account without notice if it becomes aware that you are using the Platform in violation of this provision, and may report any illegal activity to relevant authorities. The Company will provide you with written notice of such termination within a reasonable time after the termination.

ACCOUNTS

    1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
    2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing/banking details, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
    3. You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
    4. Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account. 
    5. The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
    6. The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement or applicable laws.

PRICING

    1. Pricing for Users is available at https://www.paylocker.com.au/pricing. 
      1. Service Providers who are “Builders” may use the Platform for free;
      2. Service Providers who are “Contractors, Trades, Suppliers” or similar (not Builders) are charged 0.99% per transaction on the Platform; and
      3. Customers are charged 0.99% per transaction on the Platform.
    2. Where applicable on any transactions, the Company reserves the right to apply credit card surcharges to Users for transactions processed through the Platform, in accordance with the Payment Systems (Regulation) Act 1998 (Cth) and the Reserve Bank of Australia’s standards on surcharging, including any maximum surcharge regulations. Such surcharges will not exceed the Company’s reasonable costs of acceptance for each payment method. These surcharges reflect the costs incurred by the Company for processing payments via credit cards and will be clearly disclosed to Users at the time of payment. Users agree to these surcharges as part of the payment terms and conditions.
    3. Except as set forth in this agreement, there are no other ongoing or one-off fees, subscriptions or charges.
    4. The Company may alter any pricing at its sole discretion from time to time and will provide Users with at least seven (7) days prior written notice before any changes to pricing take effect. Any price changes will only apply to transactions initiated after the effective date of such changes.

USER OBLIGATIONS

As a User, you agree:

  1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  2. to immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including by not using the Platform:
    1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
    2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company; 
  4. not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform; 
  5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company; 
  6. that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  7. that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature, not endorsed by us, and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  8. that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.

INTELLECTUAL PROPERTY AND POSTED MATERIALS

    1. The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using our Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.

In this clause “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

POSTED MATERIALS

By providing or posting any information, photos, comments, discussion, materials or other content on the Platform (Posted Material), you represent and warrant that:

  1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  2. you have consent from any other individuals who are filmed, recorded, photographed or in any other way utilised in your Posted Material;
  3. the Posted Material is accurate and true at the time it is provided;
  4. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  5. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  8. the Posted Material does not breach or infringe any applicable laws.

LICENCE

  1. You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material to the extent necessary for the Company to provide, improve and promote the Platform and its Services. This license survives the termination of this agreement. You warrant that you have all necessary rights and permissions to grant this license.
  2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
  3. You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material. 

You agree that you are responsible for keeping and maintaining records of Posted Material.

INFRINGING CONTENT ON THE platform

If you become aware of Posted Material on the Platform that infringes the Intellectual Property Rights of any person, or is reasonably likely to, please contact us immediately admin@paylocker.com.au  

If you submit a complaint or contact us:

  1. you warrant that the substance of the complaint is accurate, true and involves infringement of copyright;
  2. you acknowledge and agree that groundless threats of legal proceedings in relation to copyright infringement may be prohibited under applicable law (for example, Australia’s Copyright Act 1968, or equivalent laws wherever you are located); and
  3. you agree to indemnify the Company in relation to any loss or damage that may arise in relation to your complaint, including in relation to any third party claim that the complaint contains a groundless threat.

ONLINE PAYMENT PARTNER

  1. Our preferred third-party online payment partner is Australian Settlements Limited ABN 14 087 822 491, also referred to as ‘ASL’ (Online Payment Partner, ASL); and we will utilise ASL to collect and transfer Deposits and Project Payments on the Platform, including for our Services.
  2. ASL is an Authorised Deposit-taking Institution (ADI) regulated by the Australian Prudential Regulation Authority (APRA).
  3. The Company itself is not an ADI, is not regulated by APRA, and does not provide any financial advice or financial services as defined under the Corporations Act 2001 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth). The Company’s role is limited to providing a technology platform that facilitates connections between Users and ASL’s payment services.
  4. The Company arranges the facility through which ASL’s services can be accessed. However, it does not provide these services itself, nor does it hold or transfer any Deposits or Project Payments. The Company does not offer financial advice or services and is not responsible for the operation of ASL’s services.
  5. You agree to release the Company and its employees and agents from liability for loss, damage or injury which may be suffered by any person arising from any act or omission of ASL, to the maximum extent permitted by law, excluding any gross negligence or wilful misconduct by the Company. Nothing in this clause is intended to limit any rights under you may have under the Australian Consumer Law, or other applicable consumer protection laws that cannot be excluded by agreement.
  6. We reserve the right to correct, or to instruct our ASL to correct, any errors or mistakes in relation to Deposits and/or Project Payments.
  7. Upon User Account registration, the Company will provide the User with ASL’s terms and conditions. It is the User’s responsibility to review these terms and conditions thoroughly. 
  8. The Company clarifies that any information provided on the Platform, including details about ASL’s services, is of a general nature and does not constitute financial, legal, or professional advice. Users are encouraged to seek independent advice tailored to their individual circumstances before making financial decisions related to the use of the Platform and ASL’s services.

SERVICE LIMITATIONS and enhancements

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

  1. the Platform may have errors or defects (or both, as the case may be);
  2. the Platform may not be accessible at times;
  3. messages sent through the Platform may not be delivered promptly, or delivered at all;
  4. information you receive or supply through the Platform may not be secure or confidential; and
  5. any information provided through the Platform may not be accurate or true.
  6. We may from time to time, in our absolute discretion, release enhancements to the Platform, meaning an upgraded, improved, modified or new versions of the Platform (Enhancements). Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime. 
  7. We may change any features of the Platform at any time without notice; however, will endeavour to notify all Users for significant changes or Enhancements.

THIRD PARTY TERMS FOR SUPPLIERS

    1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
    2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the Services associated with the Platform and you can stop using the Platform. 

DISPUTES BETWEEN USERS

    1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User directly.
    2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via admin@paylocker.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
    3. If a dispute remains unresolved after initial discussions, either party may escalate the issue to the Company for mediation. The Company will assess the situation and facilitate discussions to reach a satisfactory resolution.
    4. During the dispute resolution process, the Company through ASL may hold any disputed funds in escrow. Payments will only be released in accordance with: (a) a written agreement between the parties; (b) a final decision by an appointed mediator or arbitrator; or (c) a court order. Any interest earned on escrowed funds will be dealt with in accordance with ASL’s terms and conditions.
    5. Both parties must provide all relevant documentation and evidence to support their claims during the dispute resolution process. This may include contracts, communications, invoices, and any other pertinent information.
    6. If mediation does not lead to a resolution within 30 days of commencing the mediation process, either party may elect to commence binding arbitration administered by the Australian Disputes Centre under its arbitration rules, or pursue other legal remedies as permitted by law. The Company will abide by the final decision, and funds will be distributed accordingly.
    7. The Company does not intend to waive or change any rights the Users/Service Providers/Customers have between each other in contract, or any other form of agreement outside of the Platform in the process of dispute resolution.
    8. The Company will not be liable for any outcome of dispute resolution between the parties, including but not limited to any decisions made during mediation, arbitration, or legal proceedings, except to the extent such liability cannot be excluded under applicable law. The Company’s role in the dispute resolution process is solely to facilitate communication and provide a platform for resolution. All decisions and agreements reached are the responsibility of the parties involved, and the Company disclaims any liability for actions taken by any party as a result of the dispute resolution process.
    9. Users are encouraged to allow reasonable access for rectification of defects before withholding payments, to align with requirements under applicable laws such as section 40 of the Domestic Building Contracts Act 1995 (Vic) or equivalents.

SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

LIMITATION OF LIABILITY

    1. (Limitation of Liability) To the maximum extent permitted by law the total aggregate liability of each party (being you, the User and us, the Company) in respect of all claims, losses, damages or expenses sustained by the other party in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of: (a) the amount paid by you on the Platform in the three (3) months preceding the date of the event giving rise to the liability; or (b) AUD $1,000.
    2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
    3. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
    4. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
      1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
      2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

(Advertising) The Company reserves the right to advertise on the Platform. Any advertisements displayed are for promotional purposes and do not imply endorsement by the Company unless explicitly stated.

CONFIDENTIALITY

You agree that:

  1. no Confidential Information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties, where “Confidential Information” means any information that is either: (i) marked confidential; (ii) would reasonably be considered confidential given its nature or the circumstances of disclosure; or (iii) is designated as confidential by the Company in writing, regardless of whether such information is marked confidential. This obligation continues for a period of 5 years following termination or expiry of this agreement; and
  2. all communications involving the details of other Users on this Platform are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
  3. The obligations of confidentiality outlined in clauses (a) and (b) do not apply to information disclosed pursuant to an independent contract agreed upon between Users, provided that such a contract explicitly permits the disclosure of specified information. In such cases, Users must ensure that any disclosed information is limited to what is expressly authorised by such independent contract(s).

PRIVACY

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here https://www.paylocker.com.au/privacy-policy. 

COLLECTION NOTICE

    1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

TERMINATION

    1. Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason. 
    2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
    3. In the event that a User’s Account is terminated:
      1. the User’s access to the Platform will be revoked;
      2. any outstanding or pending Deposits and Project Payments will be returned and/or transferred as directed by the Customer; and
      3. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details or requests).
    4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

DATA SECURITY

  1. The Company will implement and maintain industry-standard security measures to protect the confidentiality, integrity, and availability of all data processed under this agreement. These measures shall include, but are not limited to, data encryption, secure data transmission, regular security audits, and vulnerability assessments.
  2. The Company shall ensure that all personnel authorised to access data are bound by appropriate confidentiality obligations and have undergone adequate training regarding data security.
  3. In the event of a confirmed or suspected data breach that compromises or may compromise customer data, the Company shall: (a) notify the impacted Users and relevant regulatory authorities in writing within 72 hours of becoming aware of the breach; (b) provide details of the nature of the breach, the types of data affected, the number of individuals affected, and the likely consequences of the breach; and (c) provide recommendations for steps that affected Users can take to protect themselves, in accordance with applicable data protection laws including the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme.
  4. The Company shall cooperate with the impacted Users to investigate the breach, mitigate its effects, and prevent any future breaches. This includes providing access to relevant records, logs, and staff involved in the data handling processes.
  5. The Company is responsible for remediating any vulnerabilities that led to the data breach at its own cost.

NOTICES

  1. A notice or other communication to a party under this agreement must be:
  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  1. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    2. when replied to by the other party,

whichever is earlier.

GENERAL

Governing Law And Jurisdiction

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, the Company may assign this agreement to any successor in interest in connection with a merger, acquisition, or sale of all or substantially all of its assets upon written notice to the User.

Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Interpretation

    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (gender) words indicating a gender includes the corresponding words of any other gender;
    3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
    7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
    8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

DISCLAIMER

  1. The use of the Platform is not intended to waive any rights available to Users at law. This includes, but is not limited to, rights and remedies under any applicable construction legislation in each State and Territory (such as the Domestic Building Contracts Act 1995 (Vic) or equivalents), and Australian Consumer Law rights and obligations. Users are encouraged to be aware of and exercise their legal rights as appropriate, including rights relating to progress payments, final payments, and rectification of defects.
  2. The Platform is intended to operate solely as a facilitator of secure transactions between Users. It is the responsibility of each User to ensure that they meet their contractual obligations and comply with all applicable laws and regulations while using the Platform.
  3. Users acknowledge and agree that they are solely responsible for ensuring compliance with their contractual obligations in their dealings with other Users on the Platform. The Company does not verify the compliance of Users with their legal or contractual obligations and disclaims any responsibility for any failure by a User to comply with such obligations. For example, progress payments required under a home building contract due on certain milestones by homeowners to builders, or obligations to allow reasonable access for rectification before withholding final payments.
  4. The Company does not provide legal, financial, or professional advice. Any information provided on the Platform is of a general nature and should not be relied upon as a substitute for independent legal or financial advice. Users are encouraged to seek advice from qualified professionals to understand their rights and obligations fully.
  5. The Company disclaims all liability for any loss or damage that may arise from a User’s reliance on information provided through the Platform or from a User’s failure to meet their legal or contractual obligations. The Company’s role is limited to providing a technology platform that facilitates connections between Users and should not be construed as assuming any liability beyond that role.

JURISDICTION-SPECIFIC APPLICATION

These terms are drafted with reference to the laws of Victoria, Australia, but are intended to apply Australia-wide. Where Users are located or Projects are undertaken in other Australian jurisdictions, these terms are subject to the mandatory requirements of applicable state or territory laws (e.g., the Home Building Act 1989 (NSW) or the Queensland Building and Construction Commission Act 1991 (Qld)). In the event of any inconsistency, the relevant state or territory law prevails to the extent of the inconsistency. Users are responsible for ensuring compliance with local laws.

JURISDICTION-SPECIFIC APPLICATION

These terms are drafted with reference to the laws of Victoria, Australia, but are intended to apply Australia-wide. Where Users are located or Projects are undertaken in other Australian jurisdictions, these terms are subject to the mandatory requirements of applicable state or territory laws (e.g., the Home Building Act 1989 (NSW) or the Queensland Building and Construction Commission Act 1991 (Qld)). In the event of any inconsistency, the relevant state or territory law prevails to the extent of the inconsistency. Users are responsible for ensuring compliance with local laws.

Service Providers

LICENSED ACTIVITY AND CONDUCT

  1. All Service Providers must possess and maintain current all required licenses, permits, registrations and insurances required by applicable laws and regulations, and must conduct their activities in full compliance with all applicable laws and regulations when dealing with Customers on the Platform. 
  2. Service Providers must promptly notify the Company of any lapse, suspension or revocation of any required license, permit, registration or insurance. 
  3. Service Providers will be required to demonstrate evidence of:
    1. their relevant licences; and
    2. insurances

which are relevant to the Project Works for the Customers.

  1. Service Providers must not recommend, endorse, or promote any products or services that are illegal under applicable local, state, national, or international laws and regulations.
  2. Service Providers must not imply, whether directly or indirectly, that the Company has endorsed or approved any product or service. Any endorsements or recommendations made by Service Providers are solely their own and do not reflect the views or opinions of the Company. Service Providers are solely responsible for ensuring that all products and services they recommend or endorse comply with all applicable laws and regulations.
  3. The Company reserves the right to remove any material that it determines, in its absolute discretion, violates this requirement and/or suspend, or terminate the Service Provider’s account for any breach of this clause.
  4. Service Providers must provide accurate and up-to-date information during registration and when interacting with Customers. This includes and is not limited to the relevant banking details for transactions to take place, ABNs/ACNs (where applicable) etc.

ACCOUNTS

    1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
    2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing/banking details, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
    3. You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
    4. Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account. 
    5. The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
    6. The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement or applicable laws.

PRICING

    1. Pricing for Users is available at https://www.paylocker.com.au/pricing. 
      1. Service Providers who are “Builders” may use the Platform for free;
      2. Service Providers who are “Contractors, Trades, Suppliers” or similar (not Builders) are charged 0.99% per transaction on the Platform; and
      3. Customers are charged 0.99% per transaction on the Platform.
    2. Where applicable on any transactions, the Company reserves the right to apply credit card surcharges to Users for transactions processed through the Platform, in accordance with the Payment Systems (Regulation) Act 1998 (Cth) and the Reserve Bank of Australia’s standards on surcharging, including any maximum surcharge regulations. Such surcharges will not exceed the Company’s reasonable costs of acceptance for each payment method. These surcharges reflect the costs incurred by the Company for processing payments via credit cards and will be clearly disclosed to Users at the time of payment. Users agree to these surcharges as part of the payment terms and conditions.
    3. Except as set forth in this agreement, there are no other ongoing or one-off fees, subscriptions or charges.
    4. The Company may alter any pricing at its sole discretion from time to time and will provide Users with at least seven (7) days prior written notice before any changes to pricing take effect. Any price changes will only apply to transactions initiated after the effective date of such changes.

USER OBLIGATIONS

As a User, you agree:

  1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  2. to immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including by not using the Platform:
    1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
    2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company; 
  4. not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform; 
  5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company; 
  6. that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  7. that information given to you through the Platform, by the Company or another User including a Service Provider, is general in nature, not endorsed by us, and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  8. that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.

INTELLECTUAL PROPERTY AND POSTED MATERIALS

    1. The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using our Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.

In this clause “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

POSTED MATERIALS

By providing or posting any information, photos, comments, discussion, materials or other content on the Platform (Posted Material), you represent and warrant that:

  1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  2. you have consent from any other individuals who are filmed, recorded, photographed or in any other way utilised in your Posted Material;
  3. the Posted Material is accurate and true at the time it is provided;
  4. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  5. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  8. the Posted Material does not breach or infringe any applicable laws.

LICENCE

  1. You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material to the extent necessary for the Company to provide, improve and promote the Platform and its Services. This license survives the termination of this agreement. You warrant that you have all necessary rights and permissions to grant this license.
  2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
  3. You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material. 

You agree that you are responsible for keeping and maintaining records of Posted Material.

INFRINGING CONTENT ON THE platform

If you become aware of Posted Material on the Platform that infringes the Intellectual Property Rights of any person, or is reasonably likely to, please contact us immediately admin@paylocker.com.au  

If you submit a complaint or contact us:

  1. you warrant that the substance of the complaint is accurate, true and involves infringement of copyright;
  2. you acknowledge and agree that groundless threats of legal proceedings in relation to copyright infringement may be prohibited under applicable law (for example, Australia’s Copyright Act 1968, or equivalent laws wherever you are located); and
  3. you agree to indemnify the Company in relation to any loss or damage that may arise in relation to your complaint, including in relation to any third party claim that the complaint contains a groundless threat.

ONLINE PAYMENT PARTNER

  1. Our preferred third-party online payment partner is Australian Settlements Limited ABN 14 087 822 491, also referred to as ‘ASL’ (Online Payment Partner, ASL); and we will utilise ASL to collect and transfer Deposits and Project Payments on the Platform, including for our Services.
  2. ASL is an Authorised Deposit-taking Institution (ADI) regulated by the Australian Prudential Regulation Authority (APRA).
  3. The Company itself is not an ADI, is not regulated by APRA, and does not provide any financial advice or financial services as defined under the Corporations Act 2001 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth). The Company’s role is limited to providing a technology platform that facilitates connections between Users and ASL’s payment services.
  4. The Company arranges the facility through which ASL’s services can be accessed. However, it does not provide these services itself, nor does it hold or transfer any Deposits or Project Payments. The Company does not offer financial advice or services and is not responsible for the operation of ASL’s services.
  5. You agree to release the Company and its employees and agents from liability for loss, damage or injury which may be suffered by any person arising from any act or omission of ASL, to the maximum extent permitted by law, excluding any gross negligence or wilful misconduct by the Company. Nothing in this clause is intended to limit any rights under you may have under the Australian Consumer Law, or other applicable consumer protection laws that cannot be excluded by agreement.
  6. We reserve the right to correct, or to instruct our ASL to correct, any errors or mistakes in relation to Deposits and/or Project Payments.
  7. Upon User Account registration, the Company will provide the User with ASL’s terms and conditions. It is the User’s responsibility to review these terms and conditions thoroughly. 
  8. The Company clarifies that any information provided on the Platform, including details about ASL’s services, is of a general nature and does not constitute financial, legal, or professional advice. Users are encouraged to seek independent advice tailored to their individual circumstances before making financial decisions related to the use of the Platform and ASL’s services.

SERVICE LIMITATIONS and enhancements

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

  1. the Platform may have errors or defects (or both, as the case may be);
  2. the Platform may not be accessible at times;
  3. messages sent through the Platform may not be delivered promptly, or delivered at all;
  4. information you receive or supply through the Platform may not be secure or confidential; and
  5. any information provided through the Platform may not be accurate or true.
  6. We may from time to time, in our absolute discretion, release enhancements to the Platform, meaning an upgraded, improved, modified or new versions of the Platform (Enhancements). Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime. 
  7. We may change any features of the Platform at any time without notice; however, will endeavour to notify all Users for significant changes or Enhancements.

THIRD PARTY TERMS FOR SUPPLIERS

    1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
    2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the Services associated with the Platform and you can stop using the Platform. 

DISPUTES BETWEEN USERS

    1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User directly.
    2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via admin@paylocker.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
    3. If a dispute remains unresolved after initial discussions, either party may escalate the issue to the Company for mediation. The Company will assess the situation and facilitate discussions to reach a satisfactory resolution.
    4. During the dispute resolution process, the Company through ASL may hold any disputed funds in escrow. Payments will only be released in accordance with: (a) a written agreement between the parties; (b) a final decision by an appointed mediator or arbitrator; or (c) a court order. Any interest earned on escrowed funds will be dealt with in accordance with ASL’s terms and conditions.
    5. Both parties must provide all relevant documentation and evidence to support their claims during the dispute resolution process. This may include contracts, communications, invoices, and any other pertinent information.
    6. If mediation does not lead to a resolution within 30 days of commencing the mediation process, either party may elect to commence binding arbitration administered by the Australian Disputes Centre under its arbitration rules, or pursue other legal remedies as permitted by law. The Company will abide by the final decision, and funds will be distributed accordingly.
    7. The Company does not intend to waive or change any rights the Users/Service Providers/Customers have between each other in contract, or any other form of agreement outside of the Platform in the process of dispute resolution.
    8. The Company will not be liable for any outcome of dispute resolution between the parties, including but not limited to any decisions made during mediation, arbitration, or legal proceedings, except to the extent such liability cannot be excluded under applicable law. The Company’s role in the dispute resolution process is solely to facilitate communication and provide a platform for resolution. All decisions and agreements reached are the responsibility of the parties involved, and the Company disclaims any liability for actions taken by any party as a result of the dispute resolution process.
    9. Users are encouraged to allow reasonable access for rectification of defects before withholding payments, to align with requirements under applicable laws such as section 40 of the Domestic Building Contracts Act 1995 (Vic) or equivalents.

SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

LIMITATION OF LIABILITY

    1. (Limitation of Liability) To the maximum extent permitted by law the total aggregate liability of each party (being you, the User and us, the Company) in respect of all claims, losses, damages or expenses sustained by the other party in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the greater of: (a) the amount paid by you on the Platform in the three (3) months preceding the date of the event giving rise to the liability; or (b) AUD $1,000.
    2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
    3. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
    4. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
      1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
      2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

(Advertising) The Company reserves the right to advertise on the Platform. Any advertisements displayed are for promotional purposes and do not imply endorsement by the Company unless explicitly stated.

CONFIDENTIALITY

You agree that:

  1. no Confidential Information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties, where “Confidential Information” means any information that is either: (i) marked confidential; (ii) would reasonably be considered confidential given its nature or the circumstances of disclosure; or (iii) is designated as confidential by the Company in writing, regardless of whether such information is marked confidential. This obligation continues for a period of 5 years following termination or expiry of this agreement; and
  2. all communications involving the details of other Users on this Platform are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
  3. The obligations of confidentiality outlined in clauses (a) and (b) do not apply to information disclosed pursuant to an independent contract agreed upon between Users, provided that such a contract explicitly permits the disclosure of specified information. In such cases, Users must ensure that any disclosed information is limited to what is expressly authorised by such independent contract(s).

PRIVACY

You agree to be bound by the clauses outlined in the Company’s Privacy Policy, which can be accessed here https://www.paylocker.com.au/privacy-policy. 

COLLECTION NOTICE

    1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

TERMINATION

    1. Either the Company or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason. 
    2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
    3. In the event that a User’s Account is terminated:
      1. the User’s access to the Platform will be revoked;
      2. any outstanding or pending Deposits and Project Payments will be returned and/or transferred as directed by the Customer; and
      3. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details or requests).
    4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Company will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

RECORD / AUDIT

To the extent permitted by law, the Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Company.

DATA SECURITY

  1. The Company will implement and maintain industry-standard security measures to protect the confidentiality, integrity, and availability of all data processed under this agreement. These measures shall include, but are not limited to, data encryption, secure data transmission, regular security audits, and vulnerability assessments.
  2. The Company shall ensure that all personnel authorised to access data are bound by appropriate confidentiality obligations and have undergone adequate training regarding data security.
  3. In the event of a confirmed or suspected data breach that compromises or may compromise customer data, the Company shall: (a) notify the impacted Users and relevant regulatory authorities in writing within 72 hours of becoming aware of the breach; (b) provide details of the nature of the breach, the types of data affected, the number of individuals affected, and the likely consequences of the breach; and (c) provide recommendations for steps that affected Users can take to protect themselves, in accordance with applicable data protection laws including the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme.
  4. The Company shall cooperate with the impacted Users to investigate the breach, mitigate its effects, and prevent any future breaches. This includes providing access to relevant records, logs, and staff involved in the data handling processes.
  5. The Company is responsible for remediating any vulnerabilities that led to the data breach at its own cost.

NOTICES

  1. A notice or other communication to a party under this agreement must be:
  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  1. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    2. when replied to by the other party,

whichever is earlier.

GENERAL

Governing Law And Jurisdiction

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, the Company may assign this agreement to any successor in interest in connection with a merger, acquisition, or sale of all or substantially all of its assets upon written notice to the User.

Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Interpretation

    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (gender) words indicating a gender includes the corresponding words of any other gender;
    3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
    7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
    8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

DISCLAIMER

  1. The use of the Platform is not intended to waive any rights available to Users at law. This includes, but is not limited to, rights and remedies under any applicable construction legislation in each State and Territory (such as the Domestic Building Contracts Act 1995 (Vic) or equivalents), and Australian Consumer Law rights and obligations. Users are encouraged to be aware of and exercise their legal rights as appropriate, including rights relating to progress payments, final payments, and rectification of defects.
  2. The Platform is intended to operate solely as a facilitator of secure transactions between Users. It is the responsibility of each User to ensure that they meet their contractual obligations and comply with all applicable laws and regulations while using the Platform.
  3. Users acknowledge and agree that they are solely responsible for ensuring compliance with their contractual obligations in their dealings with other Users on the Platform. The Company does not verify the compliance of Users with their legal or contractual obligations and disclaims any responsibility for any failure by a User to comply with such obligations. For example, progress payments required under a home building contract due on certain milestones by homeowners to builders, or obligations to allow reasonable access for rectification before withholding final payments.
  4. The Company does not provide legal, financial, or professional advice. Any information provided on the Platform is of a general nature and should not be relied upon as a substitute for independent legal or financial advice. Users are encouraged to seek advice from qualified professionals to understand their rights and obligations fully.
  5. The Company disclaims all liability for any loss or damage that may arise from a User’s reliance on information provided through the Platform or from a User’s failure to meet their legal or contractual obligations. The Company’s role is limited to providing a technology platform that facilitates connections between Users and should not be construed as assuming any liability beyond that role.

JURISDICTION-SPECIFIC APPLICATION

These terms are drafted with reference to the laws of Victoria, Australia, but are intended to apply Australia-wide. Where Users are located or Projects are undertaken in other Australian jurisdictions, these terms are subject to the mandatory requirements of applicable state or territory laws (e.g., the Home Building Act 1989 (NSW) or the Queensland Building and Construction Commission Act 1991 (Qld)). In the event of any inconsistency, the relevant state or territory law prevails to the extent of the inconsistency. Users are responsible for ensuring compliance with local laws.

JURISDICTION-SPECIFIC APPLICATION

These terms are drafted with reference to the laws of Victoria, Australia, but are intended to apply Australia-wide. Where Users are located or Projects are undertaken in other Australian jurisdictions, these terms are subject to the mandatory requirements of applicable state or territory laws (e.g., the Home Building Act 1989 (NSW) or the Queensland Building and Construction Commission Act 1991 (Qld)). In the event of any inconsistency, the relevant state or territory law prevails to the extent of the inconsistency. Users are responsible for ensuring compliance with local laws.

Security of Your Information

We take reasonable steps to protect your personal information from unauthorized access, disclosure, or misuse. We use encryption, firewalls, and secure servers to safeguard your data. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Access and Correction

You have the right to access your personal information and request corrections if you believe it is inaccurate or incomplete. To make a request, please contact us using the details provided below.

Retention of Information

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law. When we no longer need your personal information, we will securely delete or destroy it.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any changes will be effective immediately upon posting the updated policy on our website. We encourage you to review this policy periodically for any updates.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:

PayLocker Pty Ltd

admin@paylocker.com.au 

Complaints

If you have any complaints regarding your privacy or how we handle your personal information, please contact us using the information provided above. We will respond to your complaint promptly and work to resolve the issue.

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