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Terms and Conditions

Take your time to read and understand the Terms and Conditions. If you have any questions please contact us. . Definitions Dispute an unresolved claim which arises under these terms and conditions; Receiver means the individual posting Tasks on the Website. Task means a posted request for the delivery of services from a Receiver to the Website, including the price and description of the services to be provided. Terms means the terms and conditions contained herein within this document; Licenced Worker means a worker with a qualification or licence from a reputable source, which is relevant to complete the required Task job. A Licenced Worker may be referred to as a ‘Certified Bee’. Provider means the person making an offer to complete a Task includes both Licenced Worker and Skilled Worker. Skilled Worker means a worker who may not necessarily have a qualification or licence, but has sufficient experience relevant to complete the required Task job. A Skilled Worker may be referred to as a ‘Worker Bee’. Website means urbanbeeaustralia.com and any pages or subpages associated with this domain name. 2. About the Website 2.1. Welcome to urbanbeeaustralia.com (the 'Website'). The Website provides a platform to facilitate interactions between: 2.1.1. People publishing Tasks (the ‘Receiver’); and 2.1.2. People making an Offer in response to a Task (the ‘Provider’). making it easier for the Receiver and the Provider to locate, communicate and arrange payment and deliver the Task in a fast and secure manner (the ‘Services’). 2.2. The Website is operated by UrbanBee Australia Pty Ltd (ACN 654 941 349) (UrbanBee). Access to and use of the Website, or any of its associated Services, is provided by UrbanBee. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have Private & Confidential 2 read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately. 2.3. UrbanBee reserves the right to review and change any of the Terms by updating this page at its sole discretion. When UrbanBee updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. 3. Acceptance of the Terms You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by UrbanBee in the user interface. 4. Registration to use the Services 4.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account'). 4.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: 4.2.1. Email address; 4.2.2. Mailing address; 4.2.3. Telephone number; 4.2.4. Password; 4.2.5. First and last name; 4.2.6. Date of birth; 4.2.7. Bank Account Information; 4.2.8. Card details; 4.2.9. Photo Identification; and 4.2.10. Display pictures of your work (if you are a Provider). Private & Confidential 3 4.3. You warrant that any information you give to UrbanBee in the course of completing the registration process will always be accurate, correct and up to date. 4.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services. 4.5. You may not use the Services and may not accept the Terms if: 4.5.1. you are not of legal age to form a binding contract with UrbanBee; or 4.5.2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. 5. Your obligations as a Member 5.1. As a Member, you agree to comply with the following: 5.1.1. you will not share your profile with any other person; 5.1.2. you will use the Services only for purposes that are permitted by: 5.1.2.1. the Terms; and 5.1.2.2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 5.1.3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; 5.1.4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify UrbanBee of any unauthorised use of your password or email address or any breach of security of which you have become aware; 5.1.5. you must not expressly or impliedly impersonate another Member or another person or use the profile or password of another Member or another person at any time; 5.1.6. any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content; Private & Confidential 4 5.1.7. any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) that is slanderous, defamatory, obscene, profane, indecent, vulgar, repulsive or offensive, either in theme or treatment will be removed at the discretion of UrbanBee, and may result in your account being suspended or terminated. 5.1.8. you have the right to publish a review of the services provided by UrbanBee on public review forums, however UrbanBee will not tolerate defamatory reviews that are considered by UrbanBee to be dishonest or inaccurate in nature. UrbanBee reserves the right to challenge your review if it is considered to be dishonest or inaccurate by UrbanBee. 5.1.9. any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) that is slanderous, defamatory, obscene, profane, indecent, vulgar, repulsive or offensive, either in theme or treatment will be removed at the discretion of UrbanBee, and may result in your account being suspended or terminated. 5.1.10. you agree not to harass, impersonate, stalk or threaten another Member of the Website (where interaction with other Members is made available to you); 5.1.11. In conjunction with use of the Website, you agree not to: 5.1.11.1. participate in online bullying; 5.1.11.2. purposely offend others; 5.1.11.3. cause trouble; 5.1.11.4. directly attack other Members by posting derogatory comments, jobs, or offers; or 5.1.11.5. use standover tactics. 5.1.12. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of UrbanBee providing the Services; 5.1.13. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of UrbanBee; Private & Confidential 5 5.1.14. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; 5.1.15. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by UrbanBee for any illegal or unauthorised use of the Website; and 5.1.16. you acknowledge and agree that any automated use of the Website or its Services is prohibited including duplication of an account. Only one account may be active per Member. 6. Payment 6.1. Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of: 6.1.1. Credit Card Payment ('Credit Card'); 6.1.2. PayPal; or 6.1.3. a Buy Now Pay Later provider (ie AfterPay). 6.2. All payments made in the course of your use of the Services are made using a third party provider known as Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third party providers terms and conditions which are available on their website and at Stripe Terms and Conditions. 6.3. Stripe’s Terms and Conditions are incorporated into these Terms and Conditions and will prevail over these Terms and Conditions to the extent of any inconsistency in relation to the provision of providing payment services. 6.4. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. 6.5. You agree and acknowledge that UrbanBee can vary the Services Fee at any time. 6.6. All currency referred to on the Website is in Australian Dollars (AUD). Private & Confidential 6 6.7. From time to time, UrbanBee will run promotions involving payment of Service Fees for Receivers and Providers. Where a promotion is active, Information on the promotion will be made available on urbanbeeaustralia.com at the discretion of UrbanBee. 7. Refund Policy 7.1. Since UrbanBee is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, UrbanBee does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of the Services. 7.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then UrbanBee requires the Receiver to: 7.2.1. contact the Provider directly to request a refund; and 7.2.2. if contacting the Provider is not successful after ten (10) days, contact UrbanBee through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should provide a refund and/or be removed from the Services. 7.3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately: 7.3.1. complete the UrbanBee refund request form (the ‘Request Form’) providing on the Website; and 7.3.2. provide both the Request Form and the email from the Receiver requesting the refund to UrbanBee. 7.4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct UrbanBee to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by UrbanBee in processing the refund. 7.5. Both the Receiver and the Provider agree that they will comply with the Refund Policy contained in the Clause of these Terms. 7.6. The ultimate decision of whether a refund will be provided will be determined by UrbanBee and this decision is final. 8. Copyright and Intellectual Property Private & Confidential 7 8.1. The Website, the Services and all of the related products of UrbanBee are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by UrbanBee or its contributors. 8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by UrbanBee, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to: 8.2.1. use the Website pursuant to the Terms; 8.2.2. copy and store the Website and the material contained in the Website in your device's cache memory; and 8.2.3. print pages from the Website for your own personal and non-commercial use. UrbanBee does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by UrbanBee or its contributors. 8.3. UrbanBee retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: 8.3.1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or 8.3.2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 8.3.3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. 8.4. You may not, without the prior written permission of UrbanBee and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Private & Confidential 8 Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 8.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to UrbanBee a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content. 9. Privacy 9.1. UrbanBee takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to UrbanBee's Privacy Policy, which is available on the Website. 10. General Disclaimer 10.1. You understand and acknowledge that UrbanBee does not investigate or undertake background checks or the like on Members of the Website. You are solely responsible for conducting any appropriate background checks and obtaining the necessary and appropriate licences, certifications and/or insurances prior to engaging a Provider to complete any Task. 10.2. You understand and acknowledge that Providers include both Skilled Workers and Licenced Workers. You are solely responsible for deciding if the Provider is suitable for your Task. UrbanBee disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in connection with any transaction and the delivery of services between Members. 10.3. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 10.4. Subject to this clause, and to the extent permitted by law: 10.4.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and 10.4.2. UrbanBee will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Private & Confidential 9 Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 10.5. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of UrbanBee make any express or implied representation or warranty about the Services (including the Services of UrbanBee) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 10.5.1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 10.5.2. the accuracy, suitability or currency of any information on the Website, the Products, or any of its Services related products (including third party material and advertisements on the Website); 10.5.3. costs incurred as a result of you using the Website, the Services or any of the products of UrbanBee; and 10.5.4. the Services or operation in respect to links which are provided for your convenience. 11. Liability 11.1. UrbanBee's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. 11.2. You expressly understand and agree that UrbanBee, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. Private & Confidential 10 11.3. UrbanBee is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of UrbanBee, by third parties or by any of the Services offered by UrbanBee. 11.4. You acknowledge that UrbanBee holds no liability for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website. 11.5. You acknowledge that UrbanBee will not be liable for any changes or restrictions caused by Covid-19. The Provider and Receiver acknowledge that any loss or delay of services is out of the control of UrbanBee and UrbanBee will not bear any responsibility as a result of the restrictions imposed by Covid-19. 12. Termination of Contract 12.1. The Terms will continue to apply until terminated by either you or by UrbanBee as set out below. 12.2. If you want to terminate the Terms, you may do so by: 12.2.1. providing UrbanBee with 30 days' notice of your intention to terminate; and 12.2.2. closing your accounts for all of the services which you use, where UrbanBee has made this option available to you. Your notice should be sent, in writing, to UrbanBee via the 'Contact Us' link on the homepage. 12.3. UrbanBee may at any time, terminate the Terms with you if: 12.3.1. you have breached any provision of the Terms or intend to breach any provision; 12.3.2. UrbanBee is required to do so by law; 12.3.3. the partner with whom UrbanBee offered the Services to you has terminated its relationship with UrbanBee or ceased to offer the Services to you; 12.3.4. UrbanBee is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or Private & Confidential 11 12.3.5. the provision of the Services to you by UrbanBee is, in the opinion of UrbanBee, no longer commercially viable. 12.4. Subject to local applicable laws, UrbanBee reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts UrbanBee's name or reputation or violates the rights of those of another party. 12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and UrbanBee have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 13. Indemnity 13.1. You agree to indemnify UrbanBee, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 13.1.1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; 13.1.2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or 13.1.3. any breach of the Terms. 14. No Agency 14.1. Nothing contained in this Agreement shall be construed to create a partnership, employee/employer relationship, or joint enterprise or other similar relationship UrbanBee. You have no authority to bind UrbanBee, its related entities or affiliates in any way whatsoever. UrbanBee confirms that all services promoted on the Website are provided by Members. 15. Dispute Resolution 15.1. Compulsory: Private & Confidential 12 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 15.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 15.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: 15.3.1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 15.3.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; 15.3.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 15.3.4. The mediation will be held in Brisbane, Australia. 15.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. 16. Termination of Mediation: Private & Confidential 13 If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 17. Venue and Jurisdiction The Services offered by UrbanBee are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. 18. Governing Law The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 19. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 20. Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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