1.1 This Agreement is between Tapsy Pty Ltd ABN 84 615 736 671 (referred to as “we”, “us” or “our”) and you, and collectively referred to as the Parties and each a Party.
1.2 You have placed a request (Request) for the services (Services) as set out on our website available at tapsy.com.au (Site). You agree and accept that our Services are provided to you on these Terms and Conditions (Terms).
1.3 These Terms form the agreement under which we will supply the Services to you. Please read these Terms carefully. Please contact us if you have any questions, before you purchase from us. You can contact us at our contact details at the end of these Terms.
1.4 Your purchase from us indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are eighteen (18) years or older. You must not order services from us if you are under eighteen (18) years of age. If you do not agree to these Terms, do not purchase from us.
2.1 We agree to provide contractors (Contractors) to perform the Services with due care and skill.
2.2 The estimated period for us to perform the Services is as set out in your Request.
2.3 The Services will be provided to you using our Contractors and they are included in these Terms.
2.4 Suppliers of third party services who are not an employee or our direct contractor (Third Party Services) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.
2.5 Our Services cover the scope as set out in your Request. If you request additional services, including but not limited to changes in scope, variations or additional rounds of comments (Variation), we have discretion as to whether we perform this work and whether an adjustment to the fees for our Services may be required in respect of the same.
2.6 If we agree to perform any Variation, then we will inform you of the additional costing (Variation Fee). You need to approve, in writing, the Variation and Variation Fee, before we commence work. We will invoice you accordingly for the Variation upon receipt of your approval.
3.1 You agree to pay us the fees for our Services, together with any other payments and expenses, including any transaction fees, for the Services that you have requested, as set out on the Site (Price). All amounts are stated in Australian dollars.
3.2 If you require a one-time Service only, payment will be required upfront.
3.3 If you require ongoing Services, you have the option of signing up for a direct debit plan.
(a) payment will be made on a fortnightly or monthly payment date, from the debit or credit card that you have provided to us; and
(b) if we are unable to take payment from your credit card, we will attempt to contact you via email as soon as we become aware of the payment failure. Until payment is confirmed, we will not provide you with any further Services.
3.5 Our pricing structure, payment methods and these Terms may be amended from time to time in our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.
4.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period.
4.2 You acknowledge and agree that, depending on the Services, there may be special requirements which we require you to follow. These will be set out on our Site and must be followed throughout the term of this Agreement.
(a) there are no legal restrictions preventing you from agreeing the Terms;
(b) you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Services;
(e) you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns;
(f) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
(g) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
(i) if applicable, you are registered for GST purposes.
5.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
5.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
5.4 The obligations under this clause will survive termination of these Terms.
6.1 Your feedback is important to us. If you have any feedback about our Services, please contact any member of our staff.
6.2 We seek to resolve your concerns quickly and effectively. If there are any problems with our Services, please contact us as soon as possible, and we will take steps to rectify these problems. If we are unable to rectify the problems that you have identified with our Services, we may, at our sole discretion, provide you with a full or partial refund.
6.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
7.1 For one-time Services, you may cancel by providing us with at least 24 hours’ notice. If notice is provided with at least 24 hours’ notice, we will provide you with a refund minus our cancellation fees as set out on our Site. If you cancel within 24 hours, no refund is payable.
7.2 For one-time Services, the Terms are terminated automatically at completion of the Service.
7.3 For ongoing Services, if you wish to cancel or reschedule our Services, you must provide us with at least 24 hours’ notice. If our Services are cancelled or reschedule within 24 hours, you will be charged for the Services as though they had been performed.
7.4 For ongoing Services, the Parties may terminate the Terms by mutual agreement, by notice per the Notice Period in writing including by email.
7.5 In the event that you have requested Services which cannot reasonably be completed within the agreed timeframe, for any reason, including your premises being too messy or requiring additional work before we are able to provide the Services, we will contact you and provide you with new quotation for the Services (New Quotation). If you do not accept the New Quotation, this Agreement will terminate immediately and we will provide you with a refund of any payments made for that Service minus our cancellation fees as set out on our Site.
7.6 Either party may terminate the Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
(a) we consider that a request for a Service is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) there is any discriminatory or abusive behaviour towards any of our Contractors or other staff members;
(d) you consistently cancel or reschedule our Services;
(e) we consider that our working relationship has broken down including a loss of confidence and trust;
(f) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe;
(g) you consistently delay payments; or
(h) you fail to make payment within fourteen (14) days of the applicable payment date.
7.8 On termination of these Terms you agree that any payments made are not refundable to you, and you are to pay all invoices for Services rendered to you.
7.9 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information, and/or documents containing or relating to our Confidential Information.
7.10 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and/or documents containing or relating to your Confidential Information.
7.11 On completion of the Services, we will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
7.12 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
8.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
8.2 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
8.3 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8.4 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
8.5 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
8.6 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
(b) our Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
8.8 This clause will survive termination of these Terms.
(a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and
(c) any misuse of the Services from or by you, your employees, contractors or agents.
9.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
9.3 The obligations under this clause will survive termination of these Terms.
10.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
10.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
10.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
10.4 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
10.5 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
10.6 Assignment: The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
10.7 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
10.8 Notices: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address you provide in your Request. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
10.9 Jurisdiction & Governing Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
11.1 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
11.2 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
Tapsy Pty Ltd ABN :84 615 736 671
Address : 1067/123 Cavendish Road, Coorparoo, QLD. 4151
Phone: 1300 482 779