BETWEEN: MyCatering.com Pty Ltd ABN 70 121 067 507 ("Yowsi") AND the person or business who has agreed to use this Service as a supplier of goods, services, trades and/or general Businesses including professional Businesses ("Service Providers").
This is a legal agreement ("Agreement") which sets out the terms and conditions for the use of Yowsi's services, including but not limited to the Yowsi's Business Directory listing and lead generation services by the Business.
Upon acceptance of this Agreement by the Business this Agreement forms a legally binding agreement between Yowsi and the Business regarding the use of the Service. Violation of any terms of this agreement will result in the termination of the Business's account.
Lead allocation is in accordance with Yowsi's online matching service to match the Customer's needs and the Business's service offering.
The Business acknowledges that Yowsi reserves the right to accept or reject at its sole discretion any application for Registration from a Business.
Should an application for Registration be rejected by Yowsi at its sole discretion, any money paid by Business to Yowsi will be fully refunded as soon as practicable.
The Business acknowledges and agrees that the Service is available only to persons aged 18 years and over and who can form legally binding contracts under applicable law. The person/s executing this agreement on behalf of the Business, acknowledges and agree they have the authority to enter into this Agreement on behalf of the Business.
The Business acknowledges and agrees that Yowsi's role is as a neutral facilitator only and is not in any way directly involved in the transactions between the Customers and Businesses. Furthermore Yowsi is not a party to any agreement or arrangement between the Business and any Customer regarding any Job.
Yowsi does not warrant or guarantee that a Customer will be able to complete a transaction with the Business.
Yowsi may provide an information page about the Business on the internet as the Business's Profile Page, using information provided by the Business, or from other sources.
Leads are matched based on a combination of:
a) The Customer's Job Request; and
b) The Business's services; and
c) The locations serviced by the Business; and
d) Conditional parameters researched and developed for better lead matching.
Job Leads are recorded in the Business Dashboard and transmitted via the Business's preferred communication preferences including from Yowsi by e-mail communications, SMS communications.
If the Business receives a Customer Job Lead notification it may, in its discretion choose to pursue or not pursue the Lead. To pursue a Job Lead, the Business must accept the Job Lead using the mechanism provided by the Yowsi Service.
Only a maximum of three Businesses can request the Customer's contact details for each service category in a Job Lead, after which the Job Lead is deemed closed. Businesses cannot then request the Customer's contact details, unless the customer requests to receive additional quotes for the same job.
A Job Lead is valid for a maximum of 7 days, after which the Job Lead is deemed closed, unless the customer requests to receive additional quotes for the same job (thereby extending the validity of the Job Lead by another 7 days).
Yowsi offers no warranties or guarantees to the volume of Job Leads delivered to the Business.
Upon the Business requesting the Customer's contact details of a Job Lead using the mechanism provided by Yowsi on the Website, the Business shall be liable to use a Quote Credit. A single Quote Credit would need to be purchased for immediate use or alternatively bulk Quote Credit packs can be purchased for a discount.
Yowsi will then display the applicable Customer's contact details and any other details relevant to the Job Lead to the Business.
If any Customer's contact details given to the Business by Yowsi are incomplete or inaccurate and do not enable the Business to contact the Customer, the Business must notify Yowsi within 24 hours of discovering this and Yowsi will endeavor to confirm the accuracy of the relevant Customer's contact details and provide revised contact details to the Business. In a situation where this not possible, Yowsi will refund the Business the Quote Credit to their account.
If the Business accepts a Job Lead, the Business should endeavor to contact the Customer within 24 hours of Yowsi giving the Business the Customer's contact details, in order to (at a minimum) provide an estimate of fees and charges for the Job).
The Business acknowledges and agrees that details of performing the Job and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Job are to be determined solely between the Business and the Customer and Yowsi perform no role in this process and accepts no liability in this respect.
If, after accepting a Job Lead, the Business, (for whatever reason) elects not to perform the Job, the Quote Credit Fee payable by the Business will not be refunded in this circumstance.
*Quote Credit/Fees could change at the discretion and execution of Yowsi.
Registration shall remain current only if Business’s registration is active on the PAYG plan (please email firstname.lastname@example.org to request pricing pack).
All new registering Businesses will join a no contract Pay As You Go plan with no joining or annual fees. Each new membership will receive three Quote Credits in their account to enable them to quote for 3 customer jobs at no charge, after which they can purchase a Quote Credit if they wish to quote.
The Business can modify their account details at any time to use and access the Site. The Business agrees that Yowsi shall be entitled to assume that any person using the Site with the Business's email address and/or password is the Business or its authorised representative.
In order to Register and open an "Account" with Yowsi, you must
a) Agree to these Terms and Conditions.
b) Provide a valid email address as this is the primary means of sending you Job Leads.
c) Provide any other information required by Yowsi during the registration process.
The Business agrees to provide Yowsi with accurate billing and contact information at any time the first transaction may occur after the trial period ends.
Yowsi may, in its discretion, alter, suspend or terminate the Business's access to the Service and/or Site at any time for any reason, without notice or liability.
One person or legal entity may not maintain more than one Account. Accounts registered by "bots" or other automated methods are not permitted.
A single Quote Credit can be purchased to quote for a single job, or you can purchase a bulk pack of Quote Credits at a discount.
Quote Credits never expire and unused credits are refundable anytime.
We will auto-refund a Quote Credit in case the customer cancels their job request within 7 days of creating it.
There are no lock-in contracts and we validate all customer contact details.
It also enables the Business to be one of the maximum three Businesses who may contact the relevant customer for that job request.
A receipt will be issued via the PayPal gateway when purchasing a Quote Credit.
Email and SMS notifications may be sent regarding Quote Credits when deemed appropriate.
Businesses will be able to see their billing and transactional history on their Dashboard.
Please contact us at email@example.com to request information on our pricing.
Yowsi will always send job leads by email.
Yowsi will communicate via email when deemed appropriate and in accordance with the Spam Act 2003* and any notification settings the Business has stated in their account.
Yowsi sees a differentiation between a general update via a Newsletter and an important Company or Business specific account announcement; and will not email Newsletters if this notification is stated as Opted out, however it will email Company or Business account related important announcements.
An SMS stating a summary of new or cancelled Job Leads may be sent when deemed appropriate. This notification may be turned off by the Business from their account.
Quote Credit Fees
Yowsi offers a strict replacement Quote Credit Fee policy for Businesses on a PAYG plan.
The only criteria under which Yowsi will consider a replacement of a Quote Credit,
a) All of the telephone contact numbers and the contact e-mail address provided to the Business in the Lead are incorrect. Quote Credit replacement requests may be investigated by Yowsi, which may include contacting the Customer. If after contacting the Customer we confirm that the lead was genuine at the time of requesting the job, a refund will not be issued and a nominal fee of $20 will be charged for every lead found to be genuine.
b) The Customer decides to cancel the Job Lead within 7 days of creating it, at which point all Businesses who used a Quote Credit to contact the Customer for this particular event will automatically get their Quote Credit refunded for this job.
Yowsi may suspend the lead generation service provided by it at any time for non-payment of any monies owed to Yowsi, to undertake repairs, maintenance or for any other reason.
The Business agrees that Yowsi shall charge the Business and the Business shall be liable to pay:
a) The purchase of a single Quote Credit for immediate use or a pack of Quote Credits, as outlined in the Business Fees, Communication and Related section.
Payments to Yowsi may be made via a Credit Card using the Stripe payment gateway. All payments are non-refundable, except in the case stated in the Lead Credit Refund Policy. There will be no refunds or credits for partial periods of Service, or refunds for days unused with an open account. In order to treat everyone equally, no exceptions will be made.
Yowsi reserves the right to change fees or to institute new fees.
The Business agrees that Yowsi's records that include SMS messages and emails (sent by or on its behalf) shall be conclusive evidence of Yowsi's transmission and the Business's receipt of Job Leads, accepted Leads and Job Quote Credit Notifications.
The Business warrants to and agrees with Yowsi that:
a) It is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;
b) Information provided by the Business to Yowsi or the Customer will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;
c) It and any personnel it engages are and will at all times remain qualified to offer and perform the Business Services;
d) It and all personnel engaged by it will exercise a high degree of skill, care and professionalism in providing Business Services to the Customers;
e) It is and will be able and willing to perform the Job, within a commercially reasonable time and at a commercially acceptable price;
f) Must not charge or pass on the Quote Credit Fee to the Consumer;
g) Must not under any circumstances sell or disclose information contained in a Lead it receives under the Service to any person who is not a direct employee of the Business without the express written consent of the Customer to whom the Lead relates and Yowsi;
i) It will not engage in misleading or deceptive marketing practices;
j) It will not impersonate or misrepresent any sponsorship, endorsement by or affiliation with any person or entity; and
k) It will not release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Yowsi without Yowsi's prior written approval.
The Business's warranties of this Agreement are given on an ongoing basis during the period of the Agreement and apply to any changes made to the Yowsi's Content.
The Business acknowledges and agrees that:
a) Yowsi is not and will not be a party to any transactions between any Customers and the Business;
b) Yowsi does not offer professional services advice to Customers for any purpose;
c) Yowsi does not confirm the identity of Customers, except in the case stated in the Quote Credit Refund Policy;
d) Yowsi makes no representation in respect of, and does not warrant to the Business, the ability of any Customer to pay the Business for or in respect of any Job, Business Services or otherwise;
e) The Business is responsible for completing all transactions it participates in and providing all Business Services agreed to between it and each Customer;
f) Yowsi will not be liable for any loss or damage incurred by the Business as a result of any claim against the Business by the Customer for ANY reason whatsoever;
g) The Business will pay its account promptly and within the trading terms;
h) Job Leads are an opportunity to win work, but there is no guarantee that the Job Lead will result in paid work for the Business;
i) Yowsi does not provide billing, money collection, reconciliation, accounting or any other services for the Business or Customers, each of which shall be the responsibility of the Business;
j) Job Leads are driven by the principles of supply and demand, and that there is no guarantee that Job Leads will be provided to the Business during the term of this Agreement;
k) Yowsi offers no promise that advertising and marketing of Yowsi will occur; and
l) Yowsi is a lead generation company and NOT to be classified as a referrer to the Business for the purposes of the financial services reform act.
As a condition to the Business's use of the Site and the Service, the Business agrees not to:
a) Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group, infringes another's rights, including any intellectual property rights;
b) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
c) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
d) use any manual or automated software, devices, or other processes to "crawl", "spider" or "screen scrape" any web pages contained in the Yowsi Site;
e) Reverse engineer, decompile or disassemble any of the software used to provide Yowsi Site;
f) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
g) Reproduce, duplicate or copy or exploit any other portion of the Yowsi Site, without the express written permission of Yowsi;
h) Interfere with or disrupt the Yowsi Site, or any servers or networks connected to the Yowsi Site;
i) Obtain, collect, store or modify the personal information about other users; modify, adapt or hack the Yowsi Site or falsely imply that some other site is associated with the Yowsi Site;
j) Use the Yowsi Site for any illegal or unauthorized purpose. You must not, in the use of the Yowsi Site, violate any laws in your jurisdiction (including but not limited to copyright laws)
The Business also agrees that:
a) Any web sites accessible via links you have posted, within the Yowsi Site are not under Yowsi's control and that Yowsi shall not be responsible for the content, products, or services of any such linked website;
b) You will notify Yowsi immediately of any unauthorised use of any password or account or any other known or suspected breach of security and report to Yowsi immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; and
c) You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Yowsi Site.
The Business agrees and acknowledges that Yowsi operates a Customer feedback system regarding the Business meaning it may be rated by Customers and that any information or material submitted by the Business to the Site will be treated as non-confidential. Customers are able to post comments, compliments, criticisms and other observations regarding the Businesses.
The Business acknowledges that feedback relating to the Business may consist of comments and ratings left by Customers and that Yowsi may calculate a combined feedback score on these individual ratings and comments.
Yowsi does not monitor or censor the opinions posted by Users on the Site nor investigate any remarks for accuracy or veracity. Yowsi does not accept any liability for the accuracy or content of any material posted by other Users or Subscribers on the Site.
The Business releases Yowsi, its directors, employees and contractors from all claims, demands, proceedings, losses, costs, expenses and damages whether actual, or consequential of every kind and nature including all legal fees that may arise as a result of the feedback system on the Yowsi site. The Business also releases Yowsi from any claims for defamation arising out of any comments or other materials posted on the Yowsi site.
Yowsi reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction.
The Business agrees that Yowsi owns all Intellectual Property Rights (trademarks, logos, etc.) in the Site other than the Business's Content and it grants Yowsi a royalty free, licence to use, reproduce, modify, adapt, communicate to the public and sub-licence such content (in whole or in part) on the Site or as otherwise deemed appropriate by Yowsi.
The Business acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Yowsi's intellectual property rights.
Nothing in this Agreement or on the Site shall be interpreted as conferring any licence or right to use any intellectual property of Yowsi or any other third party.
The Business agrees that Yowsi may publish some or all of the Business's Content, including the Business's business listing, on a site owned or operated by an Associated Company of Yowsi and that Yowsi or Associated Companies may contact the Business, from time to time, in relation to other products and services it provides that may interest the Business.
All information of a confidential nature disclosed by Yowsi to the Business under this Agreement is and will remain confidential and must not be disclosed by the Business, its employees, officers, advisers or contractors to any third party, except for the purposes of this Agreement.
Yowsi provides no warranties or guarantees to the Business including in relation to Yowsi's provision of a Job to the Business, the performance of a Job or the Business's return on investment in relation to a Job. The Business must satisfy itself through its own enquiries as to the ability of a Customer to pay for goods and services provided by the Business.
The Business agrees that its use of the Yowsi Site and the Service is at its own discretion and risk.
Yowsi will not be liable for any failure or delay in the performance of its obligations to the Business if that failure or delay is due to circumstances beyond its reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.
The Business agrees to release Yowsi, its Associated Companies and affiliates, and their directors, employees and contractors, from any claim, demand or action which it may have against those persons arising from this Agreement, the Site or the Service.
In the event Yowsi is found to be liable as determined by any state or other law the Business agrees to limit Yowsi's liability to the supply of the Service again, free of charge to the Business.
The Business is liable for ensuring that all work conducted by sub-contractors and staff complies with good practice, involves quality workmanship, is carried out under applicable industry licenses and that each sub-contractor is covered by appropriate and adequate insurance.
The Business agrees to indemnify Yowsi, its Associated Companies, and Directors against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by an act or omission or any breach by the Business of any provision of this Agreement including the warranties given by the Business.
Yowsi may terminate this Agreement at any time:
a) Immediately as indicated by Business via the Yowsi website via the Membership Cancellation function;
b) Immediately if the Business breaches the terms of this Agreement;
c) Immediately if the Business becomes insolvent;
d) Immediately if Yowsi reasonably believes that there is a real risk of loss or damage to Yowsi;
e) Immediately if Yowsi believes that the quality of the services provided by the Business is of poor or deteriorating quality.
The Business may terminate this Agreement (in whole or in part) at any time by using the Cancel Membership function on the Yowsi website. The Business will not be liable for any further Membership Fees once cancellation is deemed effective by Yowsi.
If this Agreement is terminated and/or the Business's Registration is cancelled or expires, the Business agrees to immediately pay all amounts payable by them to Yowsi and that Yowsi will not be liable to the Business for any claims or loss of any kind arising as a result of such termination and those clauses capable of surviving termination of this Agreement shall continue in force.
The procedure set out below must be followed in relation to the resolution of a dispute concerning this Agreement.
Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists ("Dispute Notice") providing the recipient with the full particulars of the matters in Dispute.
a) Within 7 days of receipt of a Dispute Notice, the recipient shall meet and discuss in an attempt to resolve the Dispute;
b) If the Dispute is not resolved within 20 days of the commencement of the meeting or the meeting has not taken place within the 7 days period, the parties shall refer the matter to mediation, a mediator is to be appointed by Yowsi, with the costs of the mediation to be borne equally by the parties to the Dispute and mediation is to take place in Sydney, NSW, Australia.
No party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.
The Business and Yowsi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Yowsi may assign its rights and obligations under this Agreement at any time without the Business's consent. The Business must not assign or novate its rights and obligations under this Agreement.
The Business's Registration is personal to the Business and may not be sold or otherwise transferred to another person or entity.
Yowsi may share Business Accounts and Business Information with Related Companies.
Yowsi may provide written notices to the Business by simply posting the notice on the Business's Dashboard Area.
In addition to posting a notice on the Business Login Area, a notice is deemed received if transmitted by mail and email.
a) The singular includes the plural and vice-versa.
b) "Person" includes an individual, a firm, a corporation, body corporate, a partnership, an unincorporated body, an association, a government body or other entity.
c) The words "Service Providers", "Vendor", "business" and "businesses" may be used interchangeably.
If any of the terms of this Agreement are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
This Agreement constitutes the entire agreement between the Business and Yowsi and supersedes all other agreements, whether written or oral, between the Business and Yowsi.
Yowsi may vary this Agreement and Policies at its discretion and will provide written notice of the changes to the Business.
Subject to this Agreement, Yowsi may change the Quote Credit Fees at any time. Businesses will be notified of any changes to fees.
The Business may only vary or amend this Agreement by written agreement with Yowsi.