Terms of Use
Terms and Conditions
Legal Disclaimer
Website Terms of Use
Welcome to bidgigs.com.au. This website, with URL address www.bidgigs.com.au, is owned and operated by Bidgigs Pty Ltd, including any content, functionality, and services offered on or through Bidgigs online marketplace, including payment processing services, by its subsidiaries' payment partner.
The Bidgigs Terms and Conditions (updated on 1st Oct 2019) outline your obligation and responsibilities on our online platform.
The Terms Use
The terms “Bidgigs, us, our, ourselves, we” refer to Bidgigs online marketplace, the owner of the website, whose registered office is in Australia. The terms you, your, and yours refer to the website user/publisher.
These are the terms and conditions you need to be aware of when using this website, opening a member account, or clicking to accept or agree to the Terms of Use when this option is made available to you.
Please read these terms and conditions carefully, as together with our privacy policy http://bidgigs.com.au/privacy-policy it sets out your important rights and obligations concerning the use of this website.
Should you not agree with any of these terms and conditions, please do not use our website.
If you have any questions regarding the Site or Terms of Conditions, contact our Customer Support team at https://www.bidgigs.com.au/contact-us
KEY TERMS
Bids are offers made by gig workers on Bidgigs online platform.
Quotes are quotes offers made on Bidgigs online platform and are not under any contractual obligation.
Gigs are jobs offered on Bidgigs online platform by gig posters.
Gigs Workers provide services to Gig posters on Bidgigs .
Gigs posters are customers /users that post gigs (Jobs) and purchase services through Bidgigs.
Post a gig is a job offered by the user/customer.
Pay as you go is for gig workers with no monthly subscription payment plan using Bidgigs to find jobs and pay service fees only when gig posters are assigned them.
Members can be gig posters or gig workers who pay a subscription to access special benefit offered by Bidgigs.
Bids membership is for monthly pay subscription members to access Bids benefits only.
Quotes membership is for monthly pay subscription members to access Quote benefits only.
Unlock Padlock is a gig worker Bids Private Offer Price to do the task. It is a special tool that incurs a small service fee to disclose the offer.
Bidgigs Ultimate membership is for monthly pay subscription members to access all Bid, Quote, and Unlock Padlock benefits included. (Quote price is also disclosed).
Live on Bidgigs website is the real-time gigs posted by gig posters.
Bidgigs payment is a contractual arrangement where one party disburses funds, and the money is held in our escrow account subject to certain conditions or until the gig (Job) is completed.
Bidgigs Escrow Account Paypal acts as a fund holding.
1. Overview
Posting gigs (Jobs) are entirely and indefinitely FREE on Bidgigs.
Requesting quotes is also Free on Bidgigs as gig workers already paid a monthly subscription.
Gig workers who find gigs (Jobs) on Bidgigs and accept offers, need to pay a small fee depending on their type of membership.
There are four types of membership.
(a) Pay as you go.
(b) Bids
(c) Quotes
(d) Bidgigs Ultimate
2. Your Account
To access and use some of the Services, you need to register with us and set up an account with your email address and a password (your "Account"). The email address you register will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your account.
You may connect to the Services with a third-party service (e.g., Facebook or Google+), and you give us permission to access, use and store your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your account has been compromised or misused, contact us immediately.
3. Your obligation
By using our services, you must be 18 years or older. You agree that you will only post for the service provided by Bidgigs, and you will obey our rules and conditions.
3.1 You will not post any threatening, abusive, defamatory, obscene, or indecent material that can harm other users or Bidgigs online platform.
3.2 You must comply with our Terms and Conditions and Policies and all applicable Australian Laws and State, and Territories Regulations, which apply to you as a Gig poster or a Gig worker.
3.3 You must not Copycat, modify or distribute any other users' image, or content without Bidgigs approval, and written permission.
3.4 Not being false and misleading on your profile, listing, content, message, or other communication means.
3.5 You must not infringe any of our third-party copyright, patent trademarks, trade secret, property rights, confidentiality, and privacy in any jurisdiction.
3.6 Do any posting that can harm Bidgigs communities and its users either, review, blog, latest news, or testimonials.
3.7 Not distribute or send communication that contains spam, chain letters, pyramid schemes, viruses, malicious links, or any other harmful technologies.
4. Public and Private Messages
Bidgigs allow the Bidgigs community members to communicate/discuss gigs before assigned gigs or while quoting gigs on Bidgigs online platform.
The private message is Bidgigs message system that gig posters can discuss privately with gig workers with a monthly subscription.
The public message is Bidgigs message system that allows gig posters to discuss publicly with gig workers on Bidgigs online platform.
Anyone can post comments/replies messages to clarify gig details, e.g., warranty, revisions, and gigs completion.
When a member is posting on a Public message, Bidgigs community members will able to read the messages posted by these members.
Quotes and Bidgigs Ultimate members can connect privately to other users at any time.
Bidgigs message system Text box has restricted / limited special control characters or special words. These special control characters might be, e.g., Yahoo, Gmail, Outlook, Hotmail, @, number, Skype, website, etc.
Bidgigs community marketplace seeks honest members, a fair go, loyal and responsible.
4.1 We strictly prohibit sharing or disclosing personal information on Bidgigs Public messages.
PERSONAL INFORMATION IS PROTECTED UNDER THE PRIVACY ACT 1988 (COMMONWEALTH) AND THE 13 AUSTRALIAN PRIVACY PRINCIPLES.
Bidgigs had taken reasonable steps and obligations to protect the Privacy and Security of all users and members of the community platform.
We" Bidgigs” believe when a user discloses his or her PERSONAL INFORMATION, SHARES TEXTS, IMAGES, AND PHONE NUMBER in our Public message box. He or she has violated our "TERMS AND CONDITIONS," and the user has breached the Privacy Act 1988 by sharing personal information with other users under our platform.
4.2 We will either cancel, restrict, remove, block, strike, or red flag this member or user without any given notice. The violated content will be removed immediately. The user will need to explain why he wants his account to be restored.
4.3. In no event Bidgigs website and its affiliates, agents, Partners, Directors, Service providers members users be liable for damage of any kind under this applicable PRIVACY ACT 1988 AND THE 13 AUSTRALIAN PRIVACY PRINCIPLES.
If you feel that your privacy has been violated, report this user or write to us.
5. Post a Gig
5.1 Bidgigs allows users to connect with service providers. Users can post gigs (Jobs) for unlimited time FREE OF CHARGE.
5.2 Users must use our "Post a Gig" form to publish gigs.
5.3 Bidgigs may cancel or remove any suspicious postings/ inappropriate gigs listing /fake licenses or uploaded a document that breaches our Terms and Conditions in Clause 3 without any prior consent of the user/publisher.
5.4 Users can either choose Bids or Quotes to publish gigs on our platform.
5.5 As postings are FREE, and he or she cannot revoke/modify a bid-offer that has already been accepted by a gig worker.
5.6 When a Bid offer is accepted between a Gig poster and a Gig Worker, a Contract agreement is created between them.
5.7 Upon creation of a Contract, the user must pay the agreed price and transfer payment to our Bidgigs pay account until the gig worker completes the task.
5.8 A percentage service fee will be charged to the total amount paid by the Gig poster and will be deducted from the Gig workers' fund.
6. Bid Fees and Refund
6.1 All our fees are quoted in Australian Dollars
6.2 When a gig poster assigned a gig worker, Bidgigs will deduct a small percentage of the total amount as (a service fee).
1. These fees do not include the Third-Party amount.
2. Our third-party account will hold the gig poster payment until the gig worker fully completes the service.
Upon satisfaction, the gig poster can allow the fund to be released to gig workers through our platform.
3. If a gig contract is canceled for any reason or the service provider has not fulfilled his obligation under the contract agreement and condition between the gig poster and the gig worker,
the service fee will not be refundable.
We will refund the fund balance to the gig poster.
(a) If the gig poster and the gig worker mutually agree to cancel the gig or
(b) the unsuccessful attempts by the gig poster to contact the gig worker, but the gig worker
is not responding.
(c) the Agreed Price will be refunded to the gig poster after the approval of the gig worker.
The refunded amount might be kept as a credit store value in the gig poster account.
6.3 The fund can be held for a maximum of 90 days in Bidgigs Escrow account. On or before the 90 days, if the gig worker has not finished completing the service or work, the gig poster may request the fund to be refunded (less clause 5.8), or advise us for an extension. If no instruction from the gig poster has been received after 90 days, an admin fee will incur for any refund after that period.
6.6 Whenever there still is a dispute or rejection of the service provided by the gig worker, both parties need to agree to a resolution. Bidgigs will not advise nor act as arbitration, the fund will only be refunded upon a mutual agreement by both parties and sighted and the amount agreed to be refunded.
7. Quotes
7.1 To be eligible for Quotes, gig workers MUST pay a monthly subscription fee on Bidgigs .
(a) The subscription plan is paid in advance monthly on every cycle date. It is the date he or she goes active.
(b) Quotes and the Bidgigs Ultimate membership allow gig workers to quote for gigs without any contractual agreement, unlimited time, under a monthly period.
(c) They also allow gig workers to be contacted by gig posters on the private message system.
(d) Quotes membership is neither refundable nor transferable to other plans.
8. Unlock Bids Private Offer
(a) It is a special function that allows members to disclose bids and private offers by other gig workers, enable him or her to have more chances to get the gig. This privilege will incur a small fee.
(b) This fee is automatically set up in the member account and will deduct automatically upon opening the padlock subject to the Terms and Conditions.
(c) This fee is not refundable nor transferable.
(d) If a member discloses the bid private offer and passes the information to other members either by message or other communication means, both users will be disqualified, and their accounts might be suspended.
9. Money-back Guarantee
Money-back guarantee is applied when a poster had posted a gig, and our payment processor is still holding the payment. If during that period, the gig worker is unable or had an unforeseen event to complete the gig. We will refund the gig poster fund (less clause 6).
10. Variation
We may update our Terms and Conditions from time to time, and the new provisions will apply from the date they are updated.
11. Disclaimer
11.1 This disclaimer applies to the fullest extent permitted by Australian law. It survives any termination OR expiration of this agreement, your use of this website, or the services found on this website.
11.2 You acknowledge and agree that, despite all reasonable precautions on our part, this website is not and cannot be guaranteed to be error-free, uninterrupted, timely, complete, or secure.
11.3 You acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these Terms and Conditions.
11.4 We will not be liable to you should this website or any services supplied through this website contain errors or become unavailable, interrupted, or delayed for any reason.
11.5 To the maximum extent permitted by law, we provide this website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory, or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or for a particular purpose.
12. Copyright, trademarks, and other intellectual property
12.1 Bidgigs owns the intellectual property rights in all contents of this website and has permission to use and display the materials on this website.
12.2 You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to utilize any of our website content in whole or in part except as expressly authorized by us.
12.3 Please contact us if you require permission to reproduce any of the contents of this website.
12.4 Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.
12.5 You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
13. Personal use only
13.1 You may access, download, or print material from the website for your personal use only.
13.2 Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is prohibited.
13.3 You agree not to change or delete any copyright or proprietary notices from materials downloaded from this website or any sites accessed through this website.
13.4 Except as otherwise expressly granted to you in writing, we do not grant you or implied right or license to our website content or our intellectual property.
13.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass or attempt to circumvent any access restriction measures on our website.
13.6 Unauthorised use of this website may be a criminal offense and/or give rise to a claim for damages.
14. Rewards
14.1 You can now introduce your friends to Bidgigs, get them a special discount for their first purchase, and earn shopping credit while you are at it! By clicking on the "Refer a Friend" button, you can refer friends to Bidgigs through your email contacts or your contacts on social networks.
Four easy steps:-
(a) Spread the word by email or with your link via social sharing.
(b) Your friend registers and enters the unique referral code
(c) Once your friend's first gig is completed, he/she will receive $25 credits.
(d) You will get $10 credits into your account.
There is no expiry date on the Rewards Credit.
15. Copyright infringement
15.1 The entire content and design belong to Bidgigs.com.au, including all trademarks, texts, images, and audio and video files, which are proprietary to our content providers or us and are protected by copyright laws.
15.2 You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any materials contained in bidgigs.com.au website and/or our e-newsletters without our prior written permission or the permission of the relevant copyright owner.
15.3 If you believe that there is material on our website that infringes third-party intellectual property rights, please contact us with sufficient information.
This will enable us to determine the owner of the intellectual property and to remove it from the Bidgigs website if not appropriate.
16. Advertising
To help us maintain the low-cost fees needed to run our website, we accept advertising. We greatly value transparency and hope that this policy leaves you feeling even more confident about the content and service we provide.
16.1 We place ads on our home page upon application and do not discriminate against anyone. We work on a First Come First Serve policy.
16.2 We abide by local copyright laws and protect the rights of copyright holders, so we do not allow ads that are unauthorized to use copyrighted content.
16.3 When clicking the logo ads, the user will be directed to the link attached. We cannot guarantee the accuracy of the link and that the content of the link is right for you.
16.4 We will not sell your personal details to a third party – advertisers on our site may have access to your behavior via cookies, but not your data.
If you have any questions, please contact us.
17. Cookies
17.1 This website uses cookies to monitor browsing preferences.
17.2 By using our website or by agreeing to these Terms of Use, you consent to our use of cookies, per the Terms of our Privacy Policy.
18. Google Analytics & Search Console
18.1 By using this website, you consent to the processing of data about you by Google in the manner described in Google's privacy policy and for the purposes set out above.
18.2 You can opt out of Google Analytics and Google Search Console if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.
19. Social media platforms
19.1 Bidgigs also uses interfaces with social media sites such as Facebook, and others.
19.2 If you choose to "like" or "share" information from this website through these services, you should review the privacy policy of that service.
19.3 If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other personal information.
19.4 By using this website, you recognize that Bidgigs is not responsible for any information and material on this website that is linked to a third-party site.
20. Third-party links and services
20.1 Bidgigs also contain links to third-party websites.
20.2 These links provide you with further information for marketing purposes or use. You acknowledge that they are used at your own risk.
20.3 Third-party Services are offered to users according to the third party's terms and conditions.
20.4 Third-party links on our website do not signify that we recommend or endorse the websites.
20.5 We have no control over the nature, content, and availability of those websites.
21. Anti-Money Laundering and Counter-Terrorism Obligations
Please be advised that for us to meet Australian AML and CTF Act 2006 and compliance obligations, we will be increasing the levels of control, and monitoring will be performed. You should be aware, and you agree that:
21.1 Payment may be delayed, blocked, frozen, or refused, where we have reasonable grounds to believe that they breach Australian law or sanctions. Where transactions are delayed, blocked, frozen, or refused, we are not liable for any loss you suffer (including consequential loss) howsoever caused in connection with your use of Bidgigs platform.
21.2 We may require additional information or document from you to assist us in the above compliance process, and you must provide that information
21.3 Where legally obliged to do so, we will disclose the information gathered to regulatory and/or law enforcement agencies / third parties.
You provide us with the following undertakings and indemnify us against any potential losses arising from any breach by you of such undertakings:
21.4 You will not initiate, engage in or effect any posting that may violate Australian law or sanctions, and
21.5 The underlying services activity being provided does not breach any Australian law or sanctions.
22. Payment
Bidgigs Connect for payment processing services by Gig poster / Gig Worker on Bidgigs platform provided by Paypal and are subject to the Paypal Connected Account Agreement, which includes the Paypal Terms of Service (collectively, the “Paypal Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a Bidgigs member on Bidgigs platform, you agree to be bound by the Paypal Services Agreement, as Paypal may modify the same from time to time.
You agree to provide Bidgigs Connect with accurate and complete information about you and your business, and you authorize Bidgigs to share transaction information related to your use of the payment processing services through Paypal.
23.1 Bidgigs makes every effort to maintain the security of the Bidgigs online platform, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the site, our records, or your content.
23.2 Bidgigs disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
23.3 Third-party services manage Bidgigs online platform; therefore, the website may be inaccessible from time to time.
24. Limitation of liability
24.1 To the maximum extent permitted by Australian law or State, Territories Regulation, we do not accept responsibility or liability for any loss or damage caused through negligence, which may directly or indirectly suffer in connection with your use of this website or any linked site.
24.2 We are not responsible also for any such loss arising out of your use, or reliance on
Information contained on or accessed through this website or concerning services ordered by you from this website.
24.3 Bidgigs will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
24.4 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular product or services that are subject of the cause of action and even if those products or services were provided to you without cost.
24.5 This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
25. Indemnity
25.1 You agree to indemnify and defend Bidgigs from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
(a) your unauthorized use of this website or products or services included or advertised on this website
(b) your breach of these Terms and Conditions.
26. Applicable law
26.1 This agreement is under Australian Law and Regulation, and you consent to the exclusive jurisdiction and venue of Courts within Australia, in all disputes arising out of or relating to the use of this website.
26.2 You may provide notice to us through the contact us page.
26.3 Bidgigs may give notice to you via email or other electronic means.
26.4 Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are a resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.
27. Validity
27.1 If any part of these terms and conditions is determined to be invalid or unenforceable according to applicable law, including but not limited to the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
27.2 These Terms and Conditions, together with our https://www.bidgigs.com.au/terms-and-conditions form the entire agreement between you and Bidgigs.
28. Feedback, comments, or complaints
If you have any questions, please contact us. We endeavor to respond to all inquiries within three business days.
