The 2hats terms & conditions (updated 30 November 2017) provide a guideline to clarify the obligations and responsibilities between the 2hats Platform and you.
2hats operates an online platform allowing Users to connect through the 2hats Platform with other Users who provide Services.
1. SCOPE OF 2HATS SERVICE
1.1 2hats provides the 2hats Platform to enable Job Posters to publish Tasks.
1.2 2hats Service Providers may make an Offer in response to a Posted Task. Parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A Job Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. 2hats reserves the right to cancel all Offers on a Posted Task made prior to the modification or amendment.
1.4 If a Job Poster accepts an Offer on the 2hats Platform, a Task Contract is created between the 2hats Service Provider and the Job Poster.
1.5 Upon creation of a Task Contract, the Job Poster must pay the Task Payment.
1.6 Upon creation of the Task Contract, 2hats has rendered 2hats Services and the Fees are due and payable.
1.7 Once the Task Contract is created, the 2hats Service Provider and Job Poster may vary the Task Contract on the 2hats Platform. The Job Poster and 2hats Service Provider are encouraged to use 2hats' private messaging system to amend or vary the Task Contract or to otherwise communicate.
1.8 The 2hats Service Provider must perform the Services required under the Task Contract.
1.9 Once the Services are complete, the 2hats Service Provider must provide notice of that on the 2hats Platform.
1.10 Once the Services are complete, the Job Poster must provide notice of that on the 2hats Platform.
1.11 Once the Posted Task has been completed and the Job Poster confirms the Services are completed, or if 2hats is satisfied the Services have been completed, the Service Provider Payment will be released.
1.12 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the 2hats Platform.
1.13 2hats may provide a feature enabling Users to request Services based on another User's skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Job Poster would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the 2hats Service Provider for the Posted Task.
2. 2HATS' ROLE AND OBLIGATIONS
2.1 2hats provides the 2hats Platform only, enabling Users to publish Tasks and make Offers on posted Tasks.
2.2 There is no minimum legal age limit for starting work in NSW. But if you are under the age of 17 and wishing to seek work you should talk to the School Career Adviser.
2.4 At its absolute discretion, 2hats may refuse to allow any person to register or create an account on 2hats Platform or cancel or suspend any existing account.
2.5 Registering and creating an account with 2hats is free. There is no charge for a Job Poster to post tasks, or for other 2hats Users to review content on the 2hats Platform, including posted Tasks.
2.6 2hats accepts no liability for any aspect of the Job Poster and 2hats Service Provider interaction, including but not limited to the description, performance or delivery of Services.
2.7 2hats has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of 2hats Service Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Job Posters or the Job Posters' ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the 2hats Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
2.9 2hats has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve User experience.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement and all applicable laws and regulations;
(b) only post accurate information on the 2hats Platform;
(c) promptly and efficiently perform obligations to other User under a Task Contract; and
(d) ensure that You are aware of any laws that apply to You as a Job Poster or 2hats Service Provider, or in relation to using the 2hats Platform.
3.2 You agree that any content (whether provided by 2hats, a User or a third party) on the 2hats Platform may not be used on third party sites or for other business purposes without 2hats' prior permission.
3.3 You must not use the 2hats Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your 2hats account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant 2hats an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the 2hats Platform for the purpose of publishing material on the 2hats Platform and as otherwise may be required to provide the 2hats Service and as permitted by this Agreement.
3.6 You agree that any information posted on the 2hats Platform must not, in any way, be potentially or actually harmful to 2hats or any other person.
3.7 Without limiting any provision of this Agreement, any information You supply to 2hats or publish in a Posted Task must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of 2hats Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
3.8 2hats Platform may engage location-based functionality. The 2hats Platform may display the location of Job Posters and 2hats Service Provider to persons browsing the 2hats Platform. Each Job Poster will be asked to provide the suburb where the Services are to be delivered. A Job Poster should never disclose personal details such as the Job Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the 2hats Platform.
3.9 If You are a 2hats Service Provider, you must have the right to provide Services under a Task Contract and to work in Australia. You must comply with tax and regulatory obligations in relation to any payment (including a Service Provider Payment) received under a Task Contract.
3.10 2hats Service Providers must provide Services to Job Posters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third Party Provider.
3.11 You must not, when supplying Services, charge a Job Poster Fees on top of the Service Provider Payment.
3.12 You must not request payments outside of the 2hats Platform from the Job Poster except to the extent permitted by clause 3.13 and only if the 2hats Platform does not facilitate the reimbursement of costs considered in clause 3.13.
3.13 If a 2hats Service Provider agrees to pay some costs of completing the Services (such as equipment to complete the Services), the 2hats Service Provider is solely responsible for obtaining any reimbursement from the Job Poster. 2hats advises 2hats Service Providers not to agree to incur costs in advance of the Task Payment unless the 2hats Service Provider is confident the Job Poster will reimburse the costs promptly.
3.14 If 2hats determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the 2hats Service or cancel or suspend Your account and/or any Task Contracts.
4.1 Upon the creation of a Task Contract, the Users owe 2hats the Fees. 10% Transaction Fees will automatically be deducted from the Task Payment.
4.2 If the Posted Task requires a 2hats Service Provider to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service Providers are paid pursuant to a User's separate agreement with that Third Party Service provider.
4.4 2hats may change the Fees and the terms applying to their payment.
4.6 All Fees and charges payable to 2hats are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
4.7 If 2hats introduces a new service on the 2hats Platform, the Fees applying to that service will be payable as from the launch of the service.
5. NO AGENCY
5.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, a User has no authority to bind 2hats, its related entities or affiliates in any way whatsoever. 2hats confirms that all Third-Party Services that may be promoted on the 2hats Platform are provided solely by such Third-Party Service Providers. To the extent permitted by law, 2hats specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
The terms used in this Task Contract have the meaning set out in the 2hats Glossary. A Task Contract is created in accordance with the 2hats Agreement. The Job Poster and the 2hats Worker enter into this Task Contract on the following terms:
1. COMMENCEMENT DATE AND TERM
1.1 This Task Contract is created when the Job Poster accepts the 2hats Service Provider’s Offer on a Posted Task to provide Services.
2.1 The 2hats Service Provider will perform Services in a proper and workmanlike manner.
2.2 The 2hats Service Provider must perform the Services at the time and location agreed.
3.1 Each party warrants that the information provided in the creation of this Task Contract is true and accurate.
3.2 The 2hats Service Provider warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
3.3 The parties incorporate the Consumer Guarantees into this Task Contract, even if they are not already incorporated by law.
4. PAYMENT OR CANCELLATION
4.1 Upon the creation of this Task Contract, the Job Poster must pay the Task Payment.
4.2 If the parties agree to cancel this Task Contract, or the Job Poster is unable to contact the 2hats Service Provider to perform the Task Contract, the Worker Payment will be dealt with in accordance with the User Agreement.
5. LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or this Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 The liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Task Payment.
6.1 If a dispute arises, the parties will attempt to resolve the dispute within 7 days by informal negotiation (by phone, email or otherwise).
6.2 A buyer must launch a dispute to hold off the release of funds until the dispute is resolved.
6.3 If a service provider does not answer to a claim within 7 days, the payment will be automatically reversed.
7. TERMINATION OF CONTRACT
This Task Contract will terminate when:
(a) the Services are completed and the Task Payment is released;
(b) a party is terminated or suspended from the 2hats Platform;
(c) when otherwise agreed by the parties or the Third-Party Dispute Service; or
(d) notified by 2hats in accordance with the party's 2hats Agreement.
8. APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9. GOVERNING LAW
This Task Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.