Requesta T&C's

Thank you for connecting to Requesta.  

Here are our Terms and Conditions (‘Terms’) for your information. Firstly, some definitions to assist you:

Definitions

.  Requesta Service Pty Ltd (Requesta) is an Australian software development company operating a Home Services platform

.  Requesta Platform – The Requesta website and the Requesta apps

.  Requesta Customer – An app for Customers

.  Requesta Provider – An app for Service Providers

.  User – A Customer or Service Provider accessing the Requesta platform

.  Customer – A person who uses the Requesta platform to book a service

.  Service Provider – A business or individual who advertises a service on the Requesta Service Provider App

.  Specific Service – A agreed service between a Service Provider and a Customer

.  A Job – A task requested by a customer

.  Ad Profile – A Service Provider’s advertisement profile which may include: services provided, qualifications/licenses, images of previous work and charges.

How does it Work?

Requesta is an interactive advertising platform where Customers to find and book local Service Providers.

·         Customers – Select a service from list of Requesta Services, provide the job site address, choose a Service Provider for the job and book them. The booking request will go direct to the chosen Service Provider’s dashboard and they will accept/decline or request an alternative date or time.

·         Service Providers – Register from the list of Services available. Requesta then activates their accounts within 48 hours. Once activated, the Service Provider, via the dashboard buys a credit package and clicks the ‘online’ button. An Ad profile will be displayed to Customers when they are searching for services and Service Providers within their local area. The Service Provider will receive a job booking on their dashboard. The Service Provider can accept/decline or request an alternative date or time. When confirmed a credit will be deducted. The Service Provider visits the job site, completes the job and accepts payment.

·         The Service Provider app can be used to receive payments and create invoices.

1.         CONTRACTUAL RELATIONSHIP

1.1.      These Terms govern the access and use of the Requesta Service Pty Ltd website, apps, collectively Requesta. The use of this platform establishes a contractual relationship between Users and Requesta. If Users do not agree to these Terms they may not use the services.

1.2.      To use Requesta a person must be over 18 years of age and able to form legally binding contracts under applicable Australian laws.

2.         SCOPE OF THE SERVICES

Services

2.1.      Requesta. The Requesta platform may not be used by Users for any unlawful, fraudulent, illegal or immoral purposes.

2.2.      Specific Service. Customers book Service Providers for jobs. All services are provided by independent, third party Service Providers who are not employed by Requesta Service Pty Ltd.

2.3.      Service Providers. It is the responsibility of Service Providers to meet the various Commonwealth, State, Territory laws, licencing and insurance requirements before providing services to Customers.

2.4.      Service Providers are responsible for managing their Ad profiles, fees, service charges and their availability. Service Providers and Customers manage the payment of fees and service charges under their own arrangements. Payments can be processed via the Service Provider App.

2.5.      Requesta has no obligation to involve itself in any way in any dispute between a Customer and a Service Provider. Requesta only provides an interactive advertising platform for Customers to find and book Service providers.

Licence

2.6.      Subject to compliance with these Terms, Requesta grants a limited, non-exclusive, revocable licence to Users to enable Customers to access and use the website and the apps to arrange for approved Service Providers to provide Specific Services.

2.7.      The platform and all rights therein are and shall remain Requesta property. Neither these Terms nor use of the services convey or grant any rights in or related to the services except for the licence granted above. These services may be terminated or denied at any time for any reason by Requesta.

3.         USE OF THE SERVICES

User Accounts

3.1.      Customers. Use of the website or apps to book a Service Provider is free for Customers.  

3.2.      Service Providers. Service Providers register through the website or the Service Provider App.

3.3.      Service Providers are to purchase prepaid credits. Credits can be purchased via a Debit or Credit card. Requesta uses Stripe, a third-party payment gateway, surcharges apply. Service Providers must then have available referral credits with Requesta in order to have their Ad profile listed.

3.4       A single credit is deducted from the Service Provider when a booking is accepted. Credit will not be deducted for a Date/Time Change until a Customer accepts the Service Provider’s proposed Date/Time Change.

3.5       Referral credits will expire if not used within 24 months of purchase.

3.6       Requesta reserves the right to collect personal data, as per the Privacy Policy, facilitate the collection of payments and may if deemed necessary also refuse the use of Requesta for breaches of the Terms. Requesta reserves the right to establish, remove and /or revise charges for any or all of its Services at its sole discretion.

Network access and devices

3.7       Users are responsible for obtaining the data network access necessary to use the services. Requesta does not guarantee that the services or any part thereof will function on any particular hardware or devices. The services may also be subject to malfunctions and delays inherent in the use of electronic communications. Users agree that Requesta may send informational text messages as part of normal business operations. Requesta may from time to time utilise hyperlinks to other websites. Such links are provided for convenience only.

3.8       Requesta holds the intellectual property rights to all content on its website and apps including applets, graphics, images, layouts and text. User access does not licence use of these marks in any commercial way without permission.

Technology restriction

3.9       Except as permitted under the Commonwealth Copyright Act 1968 (as amended), the Requesta website and apps may not be reproduced, modified, distributed, licenced, leased, sold or otherwise exploited except as expressly permitted by Requesta. Information provided on the website and apps is for general information, management and administration purposes. It is provided from internal and external sources believed to be accurate however no warranty or representation is made on veracity and authenticity.

4.         PAYMENTS

4.1.      General. Customers understand that use of the services from a contracted Service Provider will result in fees and costs for the services received. Once Customers have made a booking with a Service Provider for a Specific Service and it is confirmed between them, both parties will be deemed to have entered into a separate contract. Once a job is completed, Requesta can be used to process debit/credit card payments. Requesta uses Stripe, a third-party payment gateway, surcharges apply.

4.2.      Requesta referral services are free for Customers however third party costs such as credit card fees may be applied by the payment processor.

4.3.      Third party costs and applicable fees or taxes may be applied where required by law. If not using Stripe, Service Providers may use their own payment processing systems for Customer billing.

4.4.      Costs and Fees. Customers are responsible for actual costs for services completed by a Service Provider.

4.5.      Credits are not redeemable for cash nor are they refundable.

5.         RISK MANAGEMENT

Insurance

5.1.      Insurance of goods and services provided within a contracted service is a matter for Users under their respective personal, household or business policies such as workers compensation, salary protection or other similar types of insurance. Similarly any damage to property during a contracted service is a matter for Users.

5.2.      Requesta will not be liable for any losses or damages by Users and third parties. Customers and Service Providers agree that the entire risk arising out of the use of Requesta and the services requested through the Requesta website or apps remains solely with them to the maximum extent permitted under applicable law.

Service Provider Ad Profiles

5.3.      Ad profiles are created and managed by Service Providers. Requesta cannot guarantee their efficacy and accuracy. Service Providers agree that stating false or invalid, licence, qualification, affiliation, previous work or work experience is fraudulent misrepresentation.  Ad profiles that Requesta deems to contain false and misleading information will be closed and subject to possible legal action.

5.3.1      Requesta reserves the right to cancel a Service Providers account for failing to maintain a commercially acceptable level of customer satisfaction. Evidence of an unacceptable level of satisfaction will be largely determined by Star Ratings, Reviews and other forms of customer feedback.

5.3.2      Requesta reserves the right to decline any account registration from a Service Provider at its sole discretion.

Warranty

5.4.      Requesta does not warrant or insure the quality of work performed by a Service Provider.

5.5       Service Providers must be aware and agree to the requirements of Requesta Terms and Conditions, Requesta Privacy Policy and also to the requirements of Australian Consumer Law.

6.         DISCLAIMER

6.1.      The Requesta services are provided ‘as is’ and ‘as available’. Requesta disclaims all representations and warranties, express, implied or statutory, not set out in these terms. In addition, Requesta makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services requested or that the services will be uninterrupted or error-free.

6.2.      Requesta does not guarantee the quality, suitability, safety or ability of Service Providers.

6.3.      These terms and conditions are to be governed by and construed in accordance with the laws of Queensland.

Limitation of liability

6.4.      Requesta shall not be liable for indirect, incidental, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with or otherwise resulting from any use of the Requesta services. Nor shall it be liable for delay or failure in performance resulting from causes beyond Requesta’s reasonable control.

6.5.      Users agree that Requesta has no responsibility or liability to them related to any Services provided, other than as expressly set forth in these Terms.

6.6.      Users acknowledge that Requesta offers no insurance cover to them and will not intervene in any dispute.

Indemnity

6.7       Requesta, is an interactive advertising platform for finding and booking Service Providers. Accordingly:

6.7.1    The Service Provider agrees to indemnify, defend and hold harmless Requesta and its officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, penalties, injuries, setoffs, liens, attachments, judgments, debts, costs, expenses (including without limitation attorneys' fees and expenses) or other liabilities of every character whatsoever (collectively, "Liabilities") for property damage, bodily injury, sickness, and/or disease, including death, or for economic or environmental injury or damages sustained by any person or entity arising out of: (1) the negligent acts, omissions, negligence or wrongful or wilful misconduct of the Service Provider in the performance of its obligations pursuant to this Agreement; (2) any misrepresentation made by the Service Provider in this Agreement; (3) any breach of this Agreement by Service Provider; or (4) the failure of the Service Provider to comply with, and any liabilities arising under, any applicable Law. For the sake of clarity, the Parties agree that consequential damages suffered by a third party which are an element of loss subject to indemnification hereunder shall be considered direct damages hereunder.

6.7.2    The Customer agrees to indemnify, defend and hold harmless Requesta and its officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, penalties, injuries, setoffs, liens, attachments, judgments, debts, costs, expenses (including without limitation attorneys' fees and expenses) or other liabilities of every character whatsoever (collectively, "Liabilities") for property damage, bodily injury, sickness, and/or disease, including death, or for economic or environmental injury or damages sustained by any person or entity arising out of: (1) the negligent acts, omissions, negligence or wrongful or willful misconduct of the Customer when in receipt of services from a Service Provider sourced via Requesta;  the performance of its obligations pursuant to this Agreement; (2) any misrepresentation made by the Service Provider in this Agreement; (3) any breach of this Agreement by Customer; or (4) the failure of the Customer to comply with, and any liabilities arising under, any applicable Law.  For the sake of clarity, the Parties agree that consequential damages suffered by a third party which are an element of loss subject to indemnification hereunder shall be considered direct damages hereunder.

6.7.3    Users agree to indemnify, defend and hold harmless Requesta and its officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, penalties, injuries, setoffs, liens, attachments, judgments, debts, costs, expenses (including without limitation attorneys' fees and expenses) or other liabilities of every character whatsoever (collectively, "Liabilities") for property damage, bodily injury, sickness, and/or disease, including death, or for economic or environmental injury or damages sustained by any person or entity arising out of the use of Requesta Apps and/or Requesta websites, breach or violation of any of the Terms or violation of the rights of any third party.  

7.         PRIVACY

7.1       Requesta will have access to personal information about Users. We will protect this information and only use, disclose or deal with this information in accordance with our Requesta Privacy Policy.

7.2       Requesta may from time to time send informational and promotional material to its Users.

Requesta Service Pty Ltd. ACN 616935285. (Requesta)