In these terms and conditions, “we” “us” and “our” refers to FritsGo Pty Ltd. Your access to and
use of the software applications, websites, content, products, and services (the “Services”) is
subjected to the following terms and conditions. By accessing or using the Services, you confirm
your agreement to be bound by these Terms. If you do not agree to these Terms, you must not
access or use the Services.
We reserve the right to amend the Terms and Conditions at any time and your use of the Service
following any amendments will represent your agreement to be bound by these terms and
conditions as amended. We recommend that each time you access or use our Service you read
these terms and conditions.

Registered Users

1. In order to access the Services provided on our websites or software applications (“apps”
or “platform”), you must become a registered user. You must complete registration by
providing certain information as set out on the app under user profile/registration page.
Please refer to our Privacy Policy linked on our home page for information relating to our
collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are always true and accurate, and you
undertake to update your registration details from time to time when they change.
3. On registration, you select a preferred password for the platform and we send you a
verification code to confirm the details that are entered are accurate.
4. We reserve the right to terminate your registration at any time.
5. Our services are intended to be used by registered users within Australia only.

Service Descriptions

6. Our Services constitute a technology platform that enables you to access and use our
websites or apps provided as part of the Services to arrange and schedule trade persons
services and related services with independent third party providers of such services,
including independent third party trade qualified technicians and independent third party
chefs or any Service Providers under agreement with us or certain of our affiliates (“Third
Party Providers”).
7. You acknowledge and understand that we are merely a technology platform to facilitate
you to arrange and schedule related services with Third Party Providers and we do not
provide or undertake these services performed ourselves.
8. You acknowledge and understand that the trades services related services are provided by
independent third-party contractors who are not employed by us or any of our affiliates.
9. You acknowledge and agree that the Services are made available solely for your personal/
business use only and that the manner you engage with the Third Party Providers will not
constitute a part-time, permanent, or any employment relationship.
10. Our Services may be made available or accessed in connection with third party platforms,
services, and contents(including advertising) that we do not control. You acknowledge that
different terms of use and privacy policies may apply to your use of such third-party services
and content. If you engage any third-party service provider for any services and contents,
you acknowledge and agree that we will not be held responsible or liable for any products
or services of such third-party providers.
11. Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international
subsidiaries and affiliates are not parties to this contract and are not responsible for the
provision or support of the Services in any manner. Your access to the Services using these
devices is subject to terms set forth in the applicable third-party beneficiary’s terms of
service.

Service Provides


12. Our services are for sale to adults over the age of eighteen (18) years. By proceeding to
purchase through our website/application, you acknowledge that you are over 18 years of
age.
13. We endeavour to ensure that our product or service list is current however we give no
undertaking as to the availability of any product or service advertised on our apps or
websites.
14. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be
accessed from our apps or websites and we reserve the right to amend our prices at any
time.
15. When you commission a task or make an order through our platform, we require you to
provide your name, address for delivery, your email address, telephone contact, and credit
card details. We undertake to take due care with this information. However, in providing
us with such information you accept that we are not liable for its misuse due to any error
in transmission or virus or malware.
16. When you commission a task or make an order through our platform, you acknowledge
and agree to grant permission to us and the Third Party Provider you booked to access and
inspect to the premises for works to be completed prior to the booking date. If the
premises or equipment in the premises fall short of the standard required to carry out the
commissioned task and you are unable to remedy the situation, we may cancel you booking
with an administration charge.
17. At the first time the service provider or Third Party Provider access the premises, it is your
responsibility to provide a safety briefing of the premises including, but not limit to,
providing access to sanitary facilities, identifying any entrance and exit in case for
emergency, and identifying all risk and hazards.
18. You acknowledge and agree to provide a clean, and safe environment for the service
provider or Third-Party Provider to carry out the commissioned task. Any additional parts
required to complete the job will be provided by the service provider at an additional cost
and the customer can make requests on their preferences of these parts any such request
may incur additional charges.
19. We are an online platform dedicated to providing qualified tradesmen or Third-Party
Providers to customers. Through our platform, you will be able to search qualified
tradesmen or Third Party Providers that have been approved by us onto the platform
through pre-checks prior to engagement.
20. You acknowledge that use of the Services may result in charges to you for the services or
goods you receive from a Third-Party Provider in addition to our administration fee. The
total fee will include the labour cost for the engages time, transportation and logistics costs
and commissions charged by the platform. All parts used/supplied will be charged as
additional to the agreed price based on usage and the full details will be submitted to the
customer on the App after the completion to verify and confirm the total charge.
21. By submitting a job request/requests you agree to pay all monies/charges related to that a
job request/requests through the platform and no cash payments are accepted.
22. The payment transaction will be handled by a third-party service provider.
23. Users on the platform will be able to rate, review, or provide a report of the qualified
tradesmen or Third Party Provider after the completion of each booking.

Cancellation and Refund


24. You may reschedule or change your booking up to two (2) times. The reschedule or change
must be communicated to us up to 24 hours prior to the booking time subject to the
availability of the tradesmen or Third-Party Provider. A reschedule or change within 24
hours prior to the booking time will be considered as a cancellation of a confirmed booking.
25. No refund will be made if you failed to cancel a booking or fail to provide access to the
tradesmen or Third-Party Provider to attend the site where a booked job is to be
completed.
26. The platform will send verification prompt to the customer after each job is completed with
a full breakdown of the charges, customer verify these charges and accept it on the
Application. Once accepted we will charge the full amount on the credit card supplied. If
there are discrepancies at the review step the customer can reject the charge which will
trigger a review process from us, and we contact the customer direct. No refunds will be
provided after the customer has accepted the charges at the review process and full
amount will be charged.

App and Website Access


27. When you access or use our app or websites, we give you a limited licence to access and
use our information for personal use only.
28. You are permitted to download a copy of the information on our apps or websites to your
computer for your personal use only if you do not delete or change any copyright symbol,
trademark or other proprietary notice. Your use of our content in any other way infringes
our intellectual property rights.
29. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy,
reproduce, republish, distribute or display any of the information on this website without
our prior written permission.
30. The licence to access and use the information on our apps or websites do not include the
right to use any data mining robots or other extraction tools. The licence also does not
permit you to metatag or mirror our website without our prior written permission. We
reserve the right to serve you with notice if we become aware of your metatag or mirroring
of our website.

Hyperlinks


31. Our apps or websites may from time to time contain hyperlinks to other websites. Such
links are provided for convenience only and we take no responsibility for the content and
maintenance of or privacy compliance by any linked website. Any hyperlink on our website
to another website does not imply our endorsement, support, or sponsorship of the
operator of that website nor of the information and/or products which they provide.
32. Linking our website is not permitted. We reserve the right to serve you with notice if we
become aware of such linking.

Intellectual Property Rights


33. The copyright to all content on this website including applets, graphics, images, layouts and
text belongs to us or we have a licence to use those materials.
34. All trademarks, brands and logos generally identified either with the symbol’s TM or ®
which are used on this website are either owned by us or we have a licence to use them.
Your access to or use of our app or websites do not license you to use those marks in any
commercial way without our prior written permission.

Service Providers


35. If you are registered or engaging our platform to provide any goods or service, you are a
Third-Party Provider under the definition of this Terms and Conditions, and you
acknowledge and agree to be bound by this Terms and Conditions.
36. As a Third Party Provider, you acknowledge that you are an independent trader and shall
act as an independent trader; you also acknowledge that you (and/or any of its employees)
shall not act as, or represent itself to be an agent, partner, or co-venturer of us and shall
have no right or authority to assume or create any obligation, liability, or responsibility
whatsoever, express or implied, or to bind us in any way whatsoever unless expressly
authorized in writing by us.
37. As a Third Party Provider, you acknowledge that you are not our employee and shall not
act as an employee of us under the meaning of or application of any Australian laws or any
laws relating to unemployment insurance, old age benefits, social security, tax, worker’s
compensation, or any other regulations which may impute any obligation or liability to us
by reason of an employment relationship.
38. As a Third-Party Provider, you are responsible for all and any content you contribute to the
platform. When you provide contents, you retain ownership of the intellectual property in
that information however you grant us a worldwide, non-exclusive, royalty-free licence
(with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish,
broadcast, transmit, display and distribute) the content in any and all media including forms
not yet developed. This licence ends when you cease your membership except for content
which has already been released on our platform.
39. We reserve the right but will not have an obligation to remove or refuse to distribute any
of your content. We also reserve the right to adapt or modify your content for any reason
including for distribution purposes.
40. By posting content on our platform, you provide us with an undertaking that such content
does not infringe the rights of someone else and that it is not inappropriate in our discretion
or it does not violate the law in any other way such as by being defamatory, being of racist
content or is threatening.
41. As a Third Party Provider, you acknowledge and agree to indemnify and hold us harmless
from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity
basis and expenses arising out of or in connection with any content or service you, any of
your affiliations, or any of your related party provides.
42. As a Third Party Provider, you acknowledge that you assume all risk and liability in the
course of providing any goods and servers through our platform, and that you shall, to the
extent permitted by law, release and discharge us from any liability or claim arising out of
any loss or damage that may be suffered or incurred as a result of your use of our Service
or our platform, or in the course of the provision of goods and services through our
platform.
43. As a Third Party Provider, you acknowledge and guarantee that, at all time when you are
advertising or providing any goods or service on our platform, you carry valid and current
licence(s) to provide the type of goods and services, and a current insurance with policy
limits of at least $5,000,000 per occurrence, $20,000,000 in the aggregate.
44. As a Third Party Provider, you acknowledge and guarantee that, at all times, you will
provide the goods and services in accordance with the laws, legislations and standards
prescribed by laws and legislations for each state and territory within Australia for each
type of tradesmen services you provide on our platform
.
Disclaimers


45. You expressly acknowledge that we do not take part in any transaction between users of
our platform and we cannot be held responsible for any action or non-action of a user of
our platform.
46. To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is excluded.
47. Whilst we have taken all due care in providing the information on our apps or websites, we
do not provide any warranty either express or implied including without limitation
warranties of title or implied warranties of merchantability or fitness for a particular
purpose.
48. Qualifies trades or Third Party Providers registered onto our platform will create their
profile page with all services they provide, years of experience, licenses and certificated
they possess and reviews and recommendations. We do not warrant that the information
supplied is accurate.
49. We strive to ensure that the service providers or Third-Party Providers, their background,
and their services presented are described as accurately as possible on our apps or
websites. However, we do not warrant that the description is accurate. Where we become
aware of any misdescription, we reserve the right to correct any error or omission, or even
remove the service provider from our platform.
50. Images have been provided for illustrative purposes only and we do not guarantee that any
image will reflect or portray the service providers.
51. We also take all due care in ensuring that our website is free of any virus, worm, Trojan
horse and/or malware. However, we are not responsible for any damage to your computer
system which arises in connection with your use of our website or any linked website.
52. Service providers or Third-Party Providers are responsible for maintaining their own safety
during any appointment via our system. Service providers or Third-Party Providers must
maintain their own workers compensation insurance where required by law. Service
providers or Third-Party Providers acknowledge that they must conduct their own
investigations about safety and working conditions of any appointment prior to
commencement of any work via this system.
53. Service providers or Third-Party Providers are independent contractors and not employees
of us.

Statutory Guarantees and Warranties to Consumers


54. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.
Under the C&C Act we are a supplier of either goods or services or both to you, and as a
consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms
and Conditions are: –
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a
consumer.

55. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or
services then we give you a warranty that at the time of supply of those goods or services
to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.

56. If you are a consumer under the definition of C&C Act, and you have a major problem with
a service or a minor problem that can’t be fixed within a reasonable time you have the right
to cancel a service, when it is:

• provided with an unacceptable level of care and skill;
• unfit for the purpose you asked for;
• not delivered within a reasonable time when there is no agreed end date.
We should refund the Commission in the same form as your original payment.

57. If you have a problem with a service, you must take the following steps:
• Contact us or the Third-Party Provider verbally or in writing to explain the problem.
If we or the Third-Party Provider cannot fix the service in a reasonable time, state
that you want to cancel the Service.
• If relevant, also ask the Third-Party Provider to compensate you for any physical
damages.
• Provide any relevant proof of the physical damages or failed to delivery
commissioned task or product.

58. You must pay for the services you’ve received under a service contract that worked as
expected. You can’t cancel a service contract or get a refund if the problem was outside
the control of the provider or if you:
• changed your mind;
• insisted on having a service provided in a way, against the provider’s advice; or
• failed to clearly explain your needs to the provider.

59. Further, as a consumer under the C&C Act you may be entitled to receive from us notices
under Schedule 2 section 103 of the C&C Act. In that regard: –
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the
goods or services we are providing relate to the repair of consumer goods then we
will give you any notice which we are obliged to give you under Schedule 2 section
103 of the C&C Act.
(ii) If we are a repairer of goods capable of retaining user-generated data, then we
hereby give you notice that the repair of those goods may result in the loss of the
data.
(iii) If we are a repairer and our practice is to supply refurbished goods as an
alternative to repairing your defective goods or to use refurbished parts in the
repair, then we give you notice that the goods presented by you to us for repair
may be replaced by refurbished goods of the same type rather than being
repaired. We also give you notice that we may use in the repair of your goods,
refurbished parts.

Limitation of Liability

60. If you are not a consumer within the meaning of Schedule 2 of the C&C Act, then this clause
applies to you. If you are a consumer within the meaning of the C&C Act, then this clause
has no effect whatsoever to in any way limit our liability or your rights. If you are not a
consumer: –
(i) To the full extent permitted by law, our liability for breach of an implied warranty
or condition is limited to the supply of the services again or payment of the costs
of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss
suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any
form of communication which originates with a user and not with us.
(iv) We do not participate in any way in the transactions between our users.

61. You acknowledge and understand that we are merely providing a platform for you to
engage and commission qualified tradesmen or Third Party Provider, and our responsibility
and liability is limited to the provision of a platform for you to engage and commission a
qualified tradesmen or Third Party Provider.
62. You acknowledge and understand that the qualified tradesmen or Third-Party Provider are
independent contractors and we are not in control of their actions and inactions.
63. As far as law permitted, you acknowledge and agree to release us, our officers, employees,
representatives from all claims, liabilities, obligations, disputes, demands, damages, losses,
causes of action of any nature and kind, known and unknown, which you have or ever had
or may in the future have arising out of or relating to any matter between you and the
qualified tradesmen or Third Party Provider You acknowledge and agree that all the claims,
demands, damages, or losses you seek against us are limited to the transaction amount of
the particular transaction in dispute.

Indemnity


64. By accessing or using our apps or websites, you agree to indemnify and hold us harmless
from all claims, actions, damages, costs and expenses including legal fees arising from or in
connection with your use of our apps or websites.
65. You acknowledge that you are fully responsible to provide a legal, safe, and acceptable
premises, equipment, and right information for the tradesmen or Third Party Provider to
carry out the commissioned task. If the tradesmen or Third Party Provider believes the
premises, equipment, or information supplied is unsafe or unacceptable to carry out the
task, then the tradesmen or Third Party Provider may immediately terminate the
commissioned task and leave the premises, and you will not entitle to any refund of the
commission.
66. By commissioning the tradesmen or Third Party Provider, you agree to indemnify us, the
tradesmen, or the Third Party Provider for all claims, actions, damages, losses, costs and
expenses including legal fees arising at the time during which or in connection with the
chef, or the Third Party Provider carrying out the commissioned task.

Force Majeure

67. If a Force Majeure event causing substantial delay, we may terminate this agreement.
“Force Majeure” means any act, circumstance or omission over which we could not
reasonably have exercised control.
Jurisdiction
68. These terms and conditions are to be governed by and construed in accordance with the
laws of Western Australia and any claim made by either party against the other which in
any way arises out of these terms and conditions will be heard in Western Australia and
you agree to submit to the jurisdiction of those Courts.
69. If any provision in these terms and conditions is invalid under any law the provision will be
limited, narrowed, construed or altered as necessary to render it valid but only to the
extent necessary to achieve such validity. If necessary, the invalid provision will be deleted
from these terms and conditions and the remaining provisions will remain in full force and
effect.

Privacy


70. We undertake to take all due care with any information which you may provide to us when
accessing our website. However, we do not warrant and cannot ensure the security of any
information which you may provide to us. Information you transmit to us is entirely at your
own risk although we undertake to take reasonable steps to preserve such information in
a secure manner.
71. Our compliance with privacy legislation is set out in our separate Privacy Policy which may
be accessed from our home page.