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Terms and Conditions

The Glass Ontime Platform (Platform) is operated by Glass Ontime Pty Ltd ACN 620 647 789 trading as Glass Ontime its successors and assignees (we, our or us).  It is available at glassontime.com and may be available through other addresses or channels including on our mobile application.

In these terms and conditions, “Platform” refers to our marketplace regardless of how you access it. The Platform connects independent glazing contractors (Service Providers) with customers seeking glass and glazing services (Customers) by facilitating introductions between Service Providers and Customers.

Consent: By downloading our mobile application (App), accessing and/or using our Platform, you agree to these terms of use and our Privacy Policy (available on our Platform) (Terms). Please read these Terms carefully and immediately cease using our Platform if you do not agree to them. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

By downloading our App, accessing and/or using our Platform and/or registering for an account, you warrant to us that you are at least 18 years old, have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms.

Platform Summary – Introductory Service Only

The Platform provides an introductory service for Service Providers and Customers.

  • A Service Provider with an ability to perform services and/or to provide products (1) creates an account and profile on the Platform by providing accurate and up to date information about the products and services the Service Provider can provide and (2) updates his, her or its availability to perform services and/or to provide products. By creating an Account and profile, the Service Provider confirms that s/he is legally entitled to and capable of supplying the goods or services listed in the profile.
  • A Customer with a requirement for a service to be provided and/or a product to be acquired (1) uses our glass selector wizard to select the product or service required, and based on the selections, is provided with a quote for the products or service required, (2) accepts the quote and chooses the date and time for the service to be provided, (3) is provided access to a list of each Service Providers which are available to provide the service at the required time and (4) Creates a Booking.
  • If a Service Provider cannot fulfil a Booking or the Service Provider is not available, we will contact you to suggest other Service Providers.
  • The Service Provider and Customer can communicate with one another using the contact details set out in the Service Provider’s profile.
  • Once a Service Provider has provided the goods or services requested by a Customer, the Service Provider must provide notice that the Booking is complete by using the Platform functionality (Completed Booking).
  • If a Customer wants to raise a dispute regarding a Booking, the Customer must contact us within 24 hours of the scheduled start time of the Booking.
  • You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality availability of the Platform. We are not an employment agency or labour hire business and Service Providers are not our employees, contractors or agents.
  • We are not a party to any agreement entered into between a Service Provider and a Customer. We have no control over the conduct of Service Providers, Customers and any other users of the Platform.
  • We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods.

Registration and Profiles

  • You can browse and view the Platform as an unregistered user of the Platform. You may need to register on the Platform and create an account (Account) to access some features on the Platform, including to request a Booking.
  • You may only have 1 Account on the Platform.
  • You must provide basic information when registering for an Account including name, email address, phone number and location and choose a username and password.
  • If you are a Service Provider, we will review your request for an Account before approving the request. We may request additional information, including details of your drivers’ licence, evidence of any public liability insurance and details of your technical experience. You must provide this information to us on request. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with in Account, in our sole discretion.
  • You may register for an Account using your Google+, Facebook, LinkedIn or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
  • Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile).
  • You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  • You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
  • You will immediately notify us of any unauthorised use of your Account.
  • At our sole discretion, we may refuse to allow any person to register or create an Account.

Ratings and Reviews

  • Within a certain timeframe after the completion of a Booking, we may provide the ability for Customers and Service Providers to leave a public review (Review) and submit a star rating (Rating) about one another. Any Ratings or Reviews reflect the views of individual users and do not reflect our opinions.
  • Ratings and Reviews of a Customer or Service Providers can be viewed by any user and will remain viewable until the relevant Service Provider or Customer’s Account is removed or terminated.
  • Customers and Service Providers must provide true, fair and accurate information in their Review.
  • Users are prohibited from manipulating the Ratings and Reviews in any manner, such as instructing a third party to write a positive or negative Review about another user.
  • If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Customer from posting the Review. We do not undertake to review each Review made by a Customer.
  • To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

Fees and Payments

  • It is free for a Customer to register an Account on the Platform. There is no charge for a Customer to create a Booking, or for other users to review content on the Platform.
  • If a payment is required, such as payment to a Service Provider, payment will be made through our third party payment processor, currently Braintree (a division of Pay Pal Inc), or by any other payment method set out on the Platform. The terms of our third party payment processor are incorporated into these Terms and will prevail over these Terms. The Braintree Payments terms are available at https://braintreepayments.com/au
  • A Customer must pay the relevant fees set out in the order request (Booking Fees) at the time s/he makes a Booking.
  • Within 7 working days of a Booking being marked as a Completed Booking, the Booking Fees (minus any discount given to a Customer under the Ontime Warranty clause) will be released and paid to the Service Provider after deduction of our service fee (Service Fee) which is set out on the Platform. Each Service Provider agrees that he, she or it owes us the Service Fee on a Booking which has been created.
  • We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change.
  • To the extent permitted by law, our Service Fee is non-cancellable and non-refundable.

Limited Payment Collection Agent

  • Each Service Provider appoints us as the Service Provider’s limited payment collection agent solely for the purpose of accepting the Booking Fees from the Customer.
  • Service Providers agree that payment of Booking Fees by a Customer to us (as the Services Provider’s limited payment collection agent) is to be considered the same as payment made directly by the Customer to the Service Provider.
  • As the limited payment collection agent for the Service Provider, we agree to facilitate the payment of Booking Fees for Bookings. In the event that we do not remit Booking Fees as set out in the Payment clause above, Service Providers will only have recourse against us.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our Platform to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Platform;
  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, operating as a glazier or another specialist service provider without holding required qualifications as required by applicable state, territory or federal legislation;
  • using our Platform to find a Customer or Service Provider and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  • as a Service Provider, offering to provide any goods or services that you do not intend to honour or cannot provide;
  • as a Customer, making any offers to Service Providers that you do not intend to offer;
  • using our Platform to send unsolicited email messages; or
  • facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Service Provider warranties and obligations

  • As a Service Provider, you must keep the time and dates that you are available up to date. We rely on receiving accurate availability information from you to be able to match you with Customers in your area. If you do not keep this information up to date, we may remove your Account and terminate your access to the Platform.
  • You warrant that any product you provide as part of a Booking complies with any applicable Australian Standards, as set out by the Australian Glass & Glazing Association (AGGA). These may include but are not limited to:

(1)        AS/NZS 4666:2012 – Insulating glass units;

(2)        AS 1288:2006 – Glass in Buildings – Selection & Installation;

(3)        AS/NZS 2208:1996 – Safety glazing materials in building;

(4)        AS/NZS 4667:2000 – Quality requirements for cut to size & processed glass; and

(5)        AS 2047:2014 – Windows and external glazed doors in buildings.

  • It is a Service Provider’s responsibility to effect and maintain appropriate insurance, which may include but is not limited to public liability insurance and professional indemnity insurance. You must provide us with details of any insurance certificates on request.

Customer obligations

  • As a Customer, you must ensure that you are present at the address you have provided to the Service Provider as the location for the performance of any services, to provide the Service Provider with access to be able to perform the services.
  • You must provide the Service Provider with safe working conditions.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Platform, including (without limitation):

(1)        altering or modifying any of the Content;

(2)        causing any of the Content to be framed or embedded in another website; or

(3)        creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites

Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a)         Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(a)         Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

(b)        The goods and services provided by a Service Provider may also confer you with certain Statutory Rights.

Warranties and disclaimers: Subject to the Ontime Warranty outlined below, to the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, the glass or glazier products or designs, or any other goods provided by Service Provider, or Bookings including (without limitation) that:

(a)         they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)        access will be uninterrupted, error-free and free from viruses;

(c)         our Platform will be secure;

(d)        goods or services will be requested by Customers or that Customers will find desirable goods or services;

(e)         goods or services are of a particular standard of workmanship or meet the Service Provider’s profile description of services.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any Liability suffered by you or any third party, arising from or in connection with your use of our Platform and/or the Content and/or creating a Booking via our Platform and/or your use of the goods or services offered by Service Providers on the Platform and/or any other interaction you have with other users whether in person or online, and/or any inaccessibility of, interruption to or outage of our Platform and/or the fact that the Content is incorrect, incomplete or out-of-date.

To the maximum extent permitted by law, (i) our maximum aggregate Liability arising from or in connection with these Terms (including the Platform or the subject matter of these Terms) will be limited to and must not exceed the total amount of payment made by that user to us during the 12 month period prior to the act which gave rise to the liability or $100, whichever is greater, and (ii) we will not be liable for any loss of profit (including anticipated profit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; whether under statute, contract, equity, tort (including negligence), indemnitee or otherwise.

Ontime Warranty

If a Service Provider does not arrive, or arrives late to an appointment, at the location nominated by a Customer as the address where services are to be provided, we may from time to time at our discretion offer a warranty to the Customer on the following terms: If the Service Provider does not arrive in the nominated two hour time slot for the Customer’s Booking, the Customer may receive a discount of 25% of the Booking Fee for each 15 minute delay. Once a Service Provider has not arrived within 1 hour of the nominated two hour time slot, the Customer may not be charged for the Booking up to the lower of (i) $500 and (ii) the Booking Fee. The Ontime Warranty applies only to the Customer’s first Booking on the Platform and to Bookings which are made within business hours (8am to 6pm in the state or territory in which the Service Provider is due to perform the services). Where we have granted a Customer a discount under the Ontime Warranty, the Booking Fees received by the Service Provider for the Booking will be reduced by the discount. We will make the determination on whether a Customer is entitled to a discount.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Refund and Cancellation Policy

(a)         The cancellation, exchange or refund of any goods or services ordered on this Platform is a matter between the relevant Customer and Service Provider, subject to the following clauses (b) to (e).

(b)        A cancellation fee of $100 will be payable by a Customer who cancels a Booking within 12 hours of the scheduled start time of the Booking.

(c)         If:

(1)        a Customer and Service Provider mutually agree to cancel a Booking; or

(2)        following reasonable attempts by a Customer to contact a Service Provider for the Service Provider to fulfill the Booking, the Booking is cancelled,

and

(3)        we are satisfied that the Booking Fee should be returned to the Customer,

we will return the Booking Fee to the Customer (in each case minus any fees charged by our third party payment processor).

(d)        If we have already paid the Service Provider an amount for the Booking and we decide to return the Booking Fee to the Customer, under clause (b), the amount already paid to the Service Provider will be a debt to us.

(e)         If, for any reason, a Booking Fee cannot be transferred or otherwise made to a Service Provider, including if the Service Provider does not provide accurate payment details, or returned to the Customer (as the case may be), or no claim is otherwise made for the Booking Fee, the Booking Fee will remain in the Escrow Account until paid or otherwise for up to one months from the date the Booking Fee was originally paid into the Escrow Account.

(f)          Following the one month outlined in clause (d) and provided there is still no dispute in respect of the Booking Fee, the Booking Fee will be automatically credited to the Customer.

Termination

  • You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the email address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Service Provider, any Bookings will be automatically cancelled and your Customers will receive a full refund. If you cancel your Account as a Customer, you will not receive a refund for any current Bookings, unless you have agreed with the Service Provider that a refund can be made and both you and the Service Provider have notified us by sending an email to the email address at the end of these Terms, stating that you have mutually agreed on a refund.
  • We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  • At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights, (ii) as a Service Provider your Bookings or the goods and/or services you provide at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Bookings.
  • If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Service Provider breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.

Disputes

We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. We may provide users access to a third party dispute resolution service via Assembly Payments. If users have failed to resolve a dispute between themselves, they will be obliged to submit to the Assembly Payments dispute resolution proceedings. Assembly Payments may have additional terms and conditions and fees payable in relation to their dispute resolution proceedings and you must comply with those terms and conditions and pay any relevant fees. We will hold any Booking Fees subject of a dispute in the Escrow Account pending a decision on the dispute by Assembly Payments. We will return Booking Fees to the Customer or pay them to the Service Provider as directed by Assembly Payments.

In the event of any dispute arising from, or in connection with, these Terms which is not a dispute between users (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. It is the responsibility of the parties to pay the costs of any alternative dispute mechanism chosen. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Glass Ontime Pty Ltd ACN 620 647 789 trading as Glass Ontime

PO Box 1733

Healesville VIC 3777

Email: enquiries@glassontime.com

Last update: 11 January 2017