Sidekicker Pty Ltd ACN 154 916 917 (“Sidekicker”, “the Company”) operates an online platform (“Application”) allowing users (“You”) to either post ad hoc tasks and assignments or to obtain temporary staff through Sidekicker’s website at http://www.sidekicker.co.nz/ (“Sidekicker”, “Site”, “Sidekicker Site” or “Sidekicker Services”).
Please read these terms and conditions carefully.
Sidekicker provides two distinct services to the public, SKMarket and SKPlus.
Use of SKPlus is subject to additional terms of service which will be provided by Sidekicker to prospective users prior commencement of those services.
Where these is any inconsistency between SKPlus’ Terms of Service and this Agreement, SKPlus’ Terms of Service will prevail with respect to that service to the extent of the inconsistency.
2. SCOPE OF THE SKMARKET SERVICE
SKMarket is a communications platform created to assist people wishing to participate in the sharing economy. It enables the connection between parties seeking to obtain task-based services or have ad hoc assignments undertaken and those wishing to undertake those tasks and assignments. Sidekicker assists with the administration of these engagements (Posters and Sidekicks together are referred to in this Agreement as “Users”). The ad hoc services requested by the Posters, which are to be completed by the Sidekicks, are referred to in this Agreement as “Assignments.”
2.1 Sidekicker connects Sidekicks and Posters through SKMarket
After Sidekicker connects Sidekicks and Posters through SKMarket, it is the responsibility of the Sidekicks and Posters to agree on the terms of the engagement and to manage the allocation and performance of Assignments.
SKMarket is not an employment service. SKMarket offers a platform to facilitate provision of and access to Assignments, but does not provide such services itself, or act in any way as an employment service for Sidekicks or Posters. It is up to the Sidekick themselves to provide services which may be scheduled through use of the Application. Sidekicker takes no responsibility for and accepts no liability for any services provided to Posters by Sidekicks sourced through SKMarket.
2.2 Exclusive Use
All interactions between a Poster and a Sidekick initiated through SKMarket must be through the Sidekick website whilst the parties remain Users.
2.3 Sidekicker is only a venue
Sidekicker is only a venue for the connection between Sidekicks and Posters. Sidekicker does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Assignments provided by Posters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Sidekicker does not have control over the quality, timing or legality of Assignments delivered by its Sidekicks. Sidekicker makes no representations about the legality, suitability, reliability, timeliness, or accuracy of the Assignments requested and provided by Users identified through the Service whether in public, private, or offline interactions.
Although Sidekicker does perform basic screening of Sidekicks when they join Sidekicker, Sidekicker cannot confirm that each User is who they claim to be and does not assume any responsibility for the accuracy or reliability of personal information provided by Sidekicks or any information on the Sidekicker Service. Users are solely responsible for meeting any legal obligations they have as a result of the undertaking of Assignments. Sidekicker is not responsible for the conduct, whether online or offline, of any User of the Sidekicker Service. Sidekicker and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Sidekicker Service.
Sidekicker reserves the right to remove access to the Service for any User it considers has breached this Agreement or any Sidekicker Policy or has acted in any other way that Sidekicker considers may damage the reputation, marketability or functionality of the Service and/or Application.
3. USING SKMARKET
3.1 Transactions and Fees
Users of SKMarket contract for Assignments directly with other Users. Sidekicker will not be a party to any contracts for Assignments. Sidekicker facilitates these contracts by supplying a payment gateway.
There is no charge for a User to post Assignments, or for Users to review content on the Sidekicker site.
Payment for Assignments are processed at the end of a completed Assignment transaction. At the end of a transaction, the Sidekick records how long the Assignment took to complete and marks the Assignment as complete (via the Application).
When the Assignment is marked complete by the Sidekick, the Poster will have 48 hours to confirm that the Assignment is complete before the Assignment is automatically marked complete in the Application and the Sidekick is paid the Payment.
The ‘price’ of the Assignment is calculated as a function of time taken to perform the Assignment multiplied by the pre-agreed rate of $[#insert]/hr (“Payment”). Sidekicker reserves the right to change the Payment from time to time at its discretion and will take reasonable steps to notify Users of any prospective changes before they take effect, including via electronic notices posted on the Site.
When the Poster confirms that the Assignment is complete or the Assignment is automatically marked complete in the Application, the Poster’s credit card will be billed and Payment will be transferred to the Sidekick’s online account. The Sidekick will be charged a service fee by Sidekicker (as outlined in more detail below). The minimum Payment is $12.50 (NB: Sidekicker reserves the right to change the minimum Payment from time to time at its discretion but will take reasonable steps to notify Users of any prospective changes before they take effect, including via electronic notices posted on the Site).
In the event that a Sidekick is accepted for a Poster’s Assignment and the Assignment is then cancelled, Sidekicker reserves the right to charge a $50 Cancellation Fee. This Cancellation Fee will be deducted from the Poster’s online account.
Sidekicker has no obligation to provide refunds or credits, but may grant them in extenuating circumstances at Sidekicker’s sole discretion such as, as a result of specific refund guarantee promotions or to correct any errors made by Sidekicker.
Becoming a Sidekick member is free. If a Sidekick is accepted for a Poster’s Assignment, the Sidekick agrees to pay Sidekicker a service fee of 20% of the total cost of the Assignment (inclusive of GST) (“Sidekick Fee”).
The Sidekick Fee will become due and payable to Sidekicker on the earlier of:
The Sidekick Fee will be deducted from the Sidekick’s online account once the Payment is received from Poster. Payments made in cash outside of the Application are generally not recognised by Sidekicker and a Payment will remain payable to Sidekicker under this Agreement regardless of any cash payment made directly to a Sidekicker. Any agreed reimbursement expenses that are incurred by a Sidekick in connection with the completion of an Assignment may, however, be paid by the Poster in cash offline, or through the Application.
The Sidekick Fee is a charge for making the match, providing a payment gateway and providing an invoice on behalf of Sidekick.
For the avoidance of doubt, the Sidekick Fee will only be calculated on the cost of the job, not on costs incurred by the Sidekick in completing the job, such as:
All fees and charges payable to Sidekicker are non-cancellable and non-refundable.
3.2 Account, Password & Security
You are the sole authorized User of your account. You are responsible for maintaining the confidentiality of any password and account number provided by or to You for accessing the Sidekicker Service. You are solely and fully responsible for all activities that occur under your password or account. Sidekicker has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using your password or account or You suspect any other breach of security, You must contact Sidekicker immediately.
This website supports Secure Socket Layers of 128bit and greater.
3.3 Membership Eligibility
A Sidekicker membership can only be created in the name of an individual (that is, a natural person, not a corporate entity). However, to become a Sidekicker member, you must be able to form legally binding contracts under applicable law. The Sidekicker Service is therefore not available to persons under 18 years of age.
Posters must supply valid credit card details for Payments. A Poster’s provision of credit card details confirms to Sidekicker that:
Sidekicks must complete the Sidekicker application process, which includes the following:
While You are a Sidekicker member, You must maintain control of your Sidekicker account. You may not deal with your account in any way (including allowing others to use your account or by transferring or selling the account or any of its contents to another person).
3.4 Members’ obligations
You agree that at all times:
When You enter into a transaction using SKMarket, You create a legally binding contract with another User, unless the transaction is prohibited by law or by this Agreement (including the Sidekicker Policies). If You do not comply with your obligations to another User, You may become legally liable to that other User. If another User breaches any obligation to You, You – not Sidekicker – are responsible for enforcing any rights that You may have against that User.
3.5 Assignment Posting
The Poster must include the following details in an Assignment post order to be accepted by Sidekicker:
For an Assignment to be posted, Poster credit card details must be provided.
In addition to the details above, Poster may choose to specify additional details including:
3.6 Sidekick Acceptance
Once a Sidekick accepts an Assignment, the Sidekick agrees to complete the Assignment within the time frame and on the terms and conditions specified in the Poster’s posting.
3.7 Negative Feedback
Sidekicker is entitled to suspend or terminate your membership at any time if Sidekicker, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be unsatisfactory.
4. MEDIATION AND DISPUTE RESOLUTION
Sidekicker expressly disclaims any liability that may arise between Users of the Sidekicker Service. Because Sidekicker is not involved in the actual contract/legal agreement between Users or in the completion of the Assignment, in the event that You have a dispute with one or more Users, You release Sidekicker (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Sidekicker encourages You to try and resolve disputes with other Users directly , to use a certified mediation (such as online dispute resolution processes) or an arbitration entity, or to report any illegal activity to your local police or law enforcement agency as appropriate.
Any dispute or claim arising out of, or in connection with, this Agreement between Sidekicker and You may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party’s election. You and Sidekicker agree to be bound by the outcome of that mediation. Each of You and Sidekicker will bear its own costs (and split equally any joint costs) of mediating the dispute.
5.1 Limitation of Liability
To the extent permitted by law, Sidekicker specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Sidekicks.
To the extent permitted by law, the User indemnifies Sidekicker and will keep Sidekicker indemnified in respect of any claims, liabilities and costs, which may be made against or incurred by Sidekicker as a result of the User’s use of the SKMarket application.
The User indemnifies Sidekicker and will keep Sidekicker indemnified in respect of any claims, liabilities and costs which may be made against or incurred by Sidekicker as a result of any damage caused by the User or any of its representatives in the course of providing services through SKMarket.
The User will be solely responsible for:
The User indemnifies Sidekicker and will keep Sidekicker indemnified in respect of any claims, liabilities and costs which may be made against or incurred by Sidekicker as a result of any taxation for which the User is responsible in respect of or pursuant to their use of SKMarket.
5.3 No Warranty
The SKMarket service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, Sidekicker and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
5.4 Nature of Relationship
Nothing in this Agreement constitutes User as an agent, employee, director or partner of Sidekicker. A User has no authority to incur, and will not incur, any obligation on behalf of Sidekicker except with the prior written approval of Sidekicker.
Subject to the terms of this Agreement, the parties acknowledge that the Sidekicker and Poster are solely responsible for controlling the manner in which the Assignment are allocated and performed.
5.5 No waiver
Failure or omission by Sidekicker at any time to enforce or require strict or timely compliance with any provision of this Agreement will not affect or impair that provision, or the right of Sidekicker to avail itself of the remedies it may have in respect of any breach of a provision, in any way.
Any provision of this Agreement which is or becomes illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate the remaining provisions.
Sidekicker reserves the right to amend this Agreement at its sole direction. However, Sidekicker will take reasonable steps to notify Users of any prospective changes before they take effect, including via electronic notices posted on the Site.
5.8 Governing law
This Agreement is governed by, takes effect and will be construed in accordance with the laws of Victoria, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from there.
5.9 Entire agreement
This Agreement constitutes the entire agreement between the parties concerning the matters dealt with pursuant to this Agreement. For the avoidance of doubt this Agreement supersedes all provisions, covenants, agreements, warranties, representations, negotiations and understandings with respect to the matters dealt with in this Agreement. This Agreement may be assigned by Sidekicker to a third party without your consent. In the event of an assignment You will remain bound by this Agreement. This Agreement sets out the entire understanding and agreement between You and Sidekicker with respect to its subject matter.
5.10 More information
Please direct any queries to firstname.lastname@example.org, 0800 004 013, 206 Ponsonby Road, Ponsonby, Auckland, NZ 1011