The Maintain App
THE MAINTAIN APP PTY LTD ABN 71 666 189 984
TERMS OF SERVICE
(WORKERS)
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
INTRODUCTION
The Maintain App is a digital platform to help users effectively manage contracts for property
maintenance services. Use of The Maintain App is subject to these Terms of Service.
DEFINITIONS
The following terms are used regularly throughout these Terms of Service and have a particular
meaning:
(a) ABN means Australian Business Number.
(b) Account means a registered account with the Platform.
(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which
banks are open for general banking business in Western Australia, Australia.
(d) Chat means the messaging function within the Platform.
(e) Company means The Maintain App Pty Ltd ABN 71 666 189 984.
(f) Confidential Information means any written or verbal information that:
i. Any information deemed as confidential under these Terms of Service;
ii. A party informs the other party that it considers it confidential and/or
proprietary;
iii. A party would reasonably consider to be confidential in the
circumstances; and
iv. Is personal information within the meaning of the Privacy Act and
GDPR.
but does not include information that a party can establish:
v. Was in the public domain at the time it was given to that party;
vi. Became part of the public domain, without that party’s involvement in
any way, after being given to the party;
vii. Was in party's possession when it was given to the party, without
having been acquired (directly or indirectly) from the disclosing party; or
viii. Was received from another person who had the unrestricted legal right
to disclose that information free from any confidentiality obligation.
(g) Contract means a specific contract for property maintenance services between the
Worker and a Customer that is managed via the Platform.
(h) Contract Fee means the subscription fee payable by the Worker to create and manage
a Contract via the Platform, as notified to the Worker on the Site and/or within the
Platform.
(i) Customer means a customer of the Worker that uses the Platform to track the progress
of Contracts and receives an Invitation from the Worker.
(j) Fee means any fee charged by the Company for use of the Platform.
2
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
(k) GDPR means the EU General Data Protection Regulation 2016/679.
(l) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act
1999 (Cth).
(m) Intellectual Property means all copyright, patents, inventions, trade secrets, know-
how, product formulations, designs, circuit layouts, databases, registered or
unregistered trademarks, brand names, business names, domain names and other
forms of intellectual property.
(n) Intellectual Property Rights means, for the duration of the rights in any part of the
world, any Moral Rights, industrial or intellectual property rights, whether registrable or
not, including in respect of Intellectual Property, applications for the registration of any
Intellectual Property and any improvements, enhancements or modifications to any
Intellectual Property registrations.
(o) Invitation means an invitation to create an Account and connect to a Contract.
(p) Materials Allowance means the maximum amount a Worker may be spend on
materials as part of completing a Task without having to obtain the consent of the
Customer, as agreed between the Worker and a Customer from time-to-time.
(q) Mobile Application Marketplace means an online marketplace for access to the
Platform and other applications for mobile devices, such as the App Store.
(r) Moral Rights means:
i. Moral rights pursuant to the Copyright Act 1968 (Cth); and
ii. Or any rights analogous to the rights set out in Article 6bis of the Berne
Convention for Protection of Literary and Artistic Works 1886 (as
amended from time to time).
(s) Payment Gateway means the online payment system the Company may adopt for
payment of Fees from time-to-time.
(t) Platform means the “The Maintain App” property maintenance digital platform owned
and operated by the Company, accessible at a Mobile Application Marketplace.
(u) Privacy Policy means the Company’s privacy policy as updated from time-to-time,
which can be found at the Site.
(v) Privacy Act means the Privacy Act 1989 (Cth).
(w) Promotion means any promotional discount or benefit made available to Workers by
the Company from time-to-time.
(x) Site means the Company’s website found at https://www.themaintainapp.com/, or such
other URL used by the Company from time-to-time.
(y) Task means a specific task or deliverable to be completed as part of a Contract.
(z) Tax Invoice has the meaning given by the A New Tax System (Goods and Services
Tax) Act 1999 (Cth).
(aa) Terms of Service means these terms and conditions agreed to by the Worker as a
condition to using the Platform.
(bb) Time Allowance means the amount of time budgeted under a Contract, as agreed
between the Worker and a Customer from time-to-time.
3
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
(cc) Timetable means the shared calendar timetable to schedule the completion of Tasks.
(dd) Worker means a business that holds an Account to create and manage Contracts and
is responsible for paying Contract Fees.
(ee) Worker Data means all information and data entered or uploaded into the Platform by
the Worker but does not include derivative data or analytics.
2. AGREEMENT
2.1. The licence granted under these Terms of Service shall be ongoing until terminated in
accordance with the terms of these Terms of Service.
2.2. The Worker agrees that all use of the Platform is subject to these Terms of Service and
must immediately cease to use the Platform if the Worker can no longer agree or
adhere to these Terms of Service.
2.3. The Company may suspend an Account or restrict the access of any Worker that
breaches these Terms of Service.
3. RELATIONSHIP
3.1. The Company’s role is limited to providing the digital platform to facilitate the delivery of
services between the Worker and Customers pursuant to a Contract.
3.2. The Worker and the Customer have a direct contractual relationship and are directly
responsible to each other with respect to their obligations under a Contract, including
especially the Worker’s obligation to deliver the agreed services to the Customer and
the Customer’s obligation to pay the agreed service fees to the Worker.
3.3. The Worker is exclusively responsible for ensuring that a Customer agrees to their
standard terms and conditions with respect to the delivery of services under a Contract
(if any), which shall occur outside of the Platform.
3.4. The Worker acknowledges and accepts that any disputes with the Customer in respect
of a Contract or otherwise shall be handled directly between each other without
involvement of the Company.
4. USING THE PLATFORM
4.1. Account
(a) To use the Platform, the Worker must have set up an Account.
(b) As part of Account sign up, the Worker must include their personal details, as
well as business details including (without limitation) business name and ABN
(or other business identifier where located outside Australia).
(c) The Worker must provide accurate and complete information when setting up
an Account and, if necessary, update their Account to ensure that such
information is maintained as current for the duration of these Terms of Service.
(d) The Worker is solely responsible for ensuring that it has all necessary
qualifications, accreditations, licences, or other credentials necessary to
perform the services under the Contract for the duration of these Terms of
Service.
4
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
(e) By creating an Account and continue to operate an Account, the Worker
warrants to the Company that they are authorised to undertake the services
offered under a Contract and, where requested, can provide the Company with
evidence to verify whether they are so authorised.
(f) The Company may permit or deny the Worker an Account in its absolute
discretion (although the Worker may generally obtain an Account by registering
with the Platform and accepting these Terms of Service).
(g) To clarify, it shall be free to download the Platform and create an Account,
though the functions available to the Worker will be strictly limited for the free
version.
4.2. Features
The Company shall provide the Worker with access to and use of the features as
agreed between the parties and provided within the Platform from time-to-time.
4.3. Contracts
(a) The primary feature of the Platform is to create and manage Contracts.
(b) Subject to payment of the applicable Contract Fee, the Worker may create (and
manage) multiple Contracts under their Account.
(c) The Worker can view and switch between different Contracts at any time within
their Account.
(d) Once a Contract is successfully created, the Worker may invite the relevant
Customer to connect with the Contract using the Invitation.
(e) Where the Customer receives the Invitation, they will be required to create an
Account to access the Platform and connect to the Contract (unless they have
an Account created already).
(f) The Worker shall agree on the Time Allowance for each Contract directly with
the Customer. Where the full Time Allowance is not exhausted prior to the
completion of a Contract, then the Worker agrees that any remaining unused
time shall be lost without any rollover or credits.
4.4. Tasks
(a) The Worker may create (and manage) individual Tasks under the Contract.
(b) Unless specified otherwise, there is no limit on the number of Tasks that may be
created under a Contract.
(c) In respect of a Task, the Worker may (without limitation):
i. Set a name;
ii. Enter a description;
iii. Upload multimedia content (such as photos or videos);
iv. Mark it is a priority;
v. Set it on a regular, repetitive schedule;
vi. Run a timer;
5
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
vii. Enter materials used and relevant costs;
viii. Make comments using the Chat; and
ix. Change the status (such as completed).
(d) To avoid doubt, Tasks may be updated at any time from within the Account,
unless the Task has been marked as completed.
(e) The Worker shall use the Timetable to schedule Tasks with the Customer and
must ensure their availability as reflected in the Timetable is accurate and up to
date at all times.
(f) Unless the cost of materials used for a Task are within the Materials Allowance,
the Worker must seek the consent of the Customer prior to using the materials.
4.5. User Conduct. The Worker acknowledges and agrees that:
(a) They shall not use the Platform for any other purpose than to facilitate the
completion of Contracts;
(b) The Company accepts no responsibility for the conduct of any Worker or
Customer;
(c) The Company accepts no responsibility for any interaction between the Worker
and Customer as a result of using the Platform, including the actual provision of
services to Customers pursuant to Contracts; and
(d) The Company makes no warranty as to the character or credentials of any
Customer, including their capacity to pay service fees to the Worker.
5. FEES
5.1. Contract Fee
(a) The primary Fee shall be the Contract Fee, which is payable in advance for the
subscription period elected by the Worker.
(b) The Worker agrees to make payment in advance for the Contract Fee due at
such frequency, or on such dates, as the Worker has subscribed for.
(c) The Worker can manage and update their subscription preferences at any time
via their Account or relevant Mobile Application Marketplace.
(d) Contract Fees will automatically renew on an ongoing basis and be charged to
the Worker at the end of the Worker’s current subscription period for an
additional period equal in length on the same terms, unless and until validly
cancelled by the Worker.
(e) Where a subscription is validly cancelled by the Worker, those specific features
and benefits associated with the subscription shall cease at the end of the
current billing cycle.
5.2. Variation to Fees
(a) The Company may vary the Contract Fees, or introduce new Fees, by giving
the Worker written notice, in which case the new Fees will only apply at the next
billing period after the Worker has been given such notice.
6
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
(b) If the Worker does not accept a change to any Fees, then it may terminate
these Terms of Service and stop using the Platform.
5.3. Promotions
Where applicable, Promotions may affect the Fees to be paid by the Worker.
5.4. Payment, Currency, and Invoices
(a) All Fees shall be made via the Payment Gateway or in such other manner as
the Company may direct from time-to-time.
(b) All Fees are payable in Australian dollars, however transactions may be
processed in an equivalent foreign currency (such as US dollars).
(c) GST is applicable to any Fees charged by the Company. Unless expressed
otherwise, all Fees shall be deemed inclusive of GST.
(d) The Company will provide the Worker with a Tax Invoice for any payments.
5.5. Refunds
No refunds on Fees are offered except where required under law or as agreed at the
absolute discretion of the Company.
6. WORKER DATA
6.1. By uploading Worker Data, the Worker acknowledges and accepts that such Worker
Data, which may include personal information, may be shared with and accessible by
Customers connected to the Contract.
6.2. The Worker warrants that any Worker Data uploaded to the Platform about an individual
is provided with that individual’s consent. Under no circumstances will the Company be
responsible to the Worker for another Worker’s use of personal information made
available within the Platform.
6.3. The Company accepts no liability for the content of Worker Data.
6.4. The Worker is responsible for the accuracy, quality and legality of any Worker Data
uploaded to the Platform.
6.5. The Worker is liable for any intentionally or recklessly erroneous, corrupted, or false
data uploaded to the Platform and indemnifies the Company for any loss, damage, cost
or expense that the Company may suffer or incur as a result of or in connection with
that data.
6.6. The Worker grants the Company an immediate, worldwide, royalty-free license to use
and incorporate the Worker Data within the Platform, for the purposes of providing the
Platform.
6.7. The Company shall not access, use, modify or otherwise deal with Worker Data except
where required by compulsion of law or upon the Worker’s authority (such as to provide
support for the Platform).
6.8. The Company may suspend accessibility to Worker Data that the Company determines
is illegal, offensive, indecent, or objectionable in its sole discretion.
6.9. The Company may delete Worker Data from its systems on termination of these Terms
of Service.
7
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
7. GENERAL CONDITIONS
7.1. Licence
(a) By accepting these Terms of Service, the Worker is granted a limited, non-
exclusive, non-transferrable and revocable licence to access and use the
Platform for the duration of these Terms of Service, in accordance with the
terms and conditions of these Terms of Service.
(b) The Company may issue the licence to the Worker on further terms or
limitations as it sees fit.
(c) The Company may revoke or suspend the Worker’s licence(s) in its absolute
discretion for any reason that it sees fit, including for breach of the terms and
conditions in these Terms of Service by the Worker.
7.2. Modification of Terms
(a) The Company may, in its sole discretion, modify or update these Terms of
Service from time-to-time.
(b) When the Company changes these Terms of Service in a material manner, it
will update the 'last modified' date at the top of these Terms of Service and
notify the Worker that material changes have been made to these Terms.
(c) The Worker should review this page periodically for notice of any changes to
these Terms of Service.
(d) The modified terms shall come into effect the next time the Worker accesses
the Platform following the update to the Terms of Service.
(e) If the Worker does not accept any changes to the terms of these Terms of
Service, the Worker must immediately cease using the Platform.
7.3. Software-as-a-Service
(a) The Worker agrees and accepts that the Platform is:
i. Hosted by the Company and shall only be installed, accessed, and
maintained by the Company, accessed using the internet or other
connection to the Company servers and is not available ‘locally’ from
the Worker’s systems; and
ii. Managed and supported exclusively by the Company from the
Company servers and that no ‘back-end’ access to the Platform is
available to the Worker unless expressly agreed in writing.
(b) As a hosted and managed service, the Company reserves the right to upgrade,
maintain, tune, backup, amend, add, or remove features, redesign, improve or
otherwise alter the Platform.
7.4. Support
(a) The Company shall provide reasonable support services in the manner agreed
with the Worker from time-to-time.
(b) The Company reserves the right to require the payment of reasonable fees for
non-standard support requests prior to the provision of such support.
7.5. Use & Availability
8
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
(a) The Worker agrees that it shall only use the Platform for legal purposes and
shall not use it to engage any conduct that is unlawful, immoral, threatening,
abusive or in a way that is deemed unreasonable by the Company in its
discretion.
(b) The Worker is solely responsible for the security of its username and password
for access to the Platform. The Worker shall notify the Company as soon as it
becomes aware of any unauthorised access to its Account.
(c) The Worker agrees that the Company shall provide access to the Platform to
the best of its abilities, however:
i. Access to the Platform may be prevented by issues outside of its
control; and
ii. The Company is not liable to the Worker and/or any Worker for any
Worker not being able to access the Platform.
7.6. Privacy
(a) The Company maintains the Privacy Policy in compliance with the provisions of
the Privacy Act and the GDPR with respect to personal information that it
collects about the Worker and other individuals.
(b) The Privacy Policy does not apply to how the Worker handles personal
information. If necessary under the Privacy Act and/or the GDPR, it is the
Worker’s responsibility to meet the obligations of the Privacy Act and/or GDPR
by implementing a privacy policy in accordance with law.
(c) The Platform may use cookies (a small electronic file) to improve a Worker’s
experience while browsing, while also sending browsing information back to the
Company. The Worker may manage how it handles cookies in its own browser
settings.
(d) The Company may use Worker Data and other information collected via the
Platform for research, developmental, statistical, and analytical purposes,
subject to and in accordance with the Privacy Policy.
7.7. Data
(a) Security. The Company takes the security of the Platform and the privacy of its
users very seriously. The Worker agrees that the Worker shall not do anything
to prejudice the security or privacy of the Company’s systems or the information
on them.
(b) Transmission. The Company shall do all things reasonable to ensure that the
transmission of data occurs according to accepted industry standards and the
Privacy Policy. It is up to the Worker to ensure that any transmission standards
meet the Worker’s operating and legal requirements.
(c) Storage. Data that is stored by the Company shall be stored according to
accepted industry standards and the Privacy Policy.
7.8. Intellectual Property
(a) Trade marks. The Company has moral, registered and unregistered rights in
its trade marks and the Worker shall not copy, alter, use or otherwise deal in the
marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other
proprietary systems and Intellectual Property for which the Company has
9
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
appropriate authority to use, and the Worker agrees that such is protected by
copyright, trade marks, patents, proprietary rights and other laws, both
domestically and internationally. The Worker warrants that it shall not infringe
on any third-party rights through the use of the Platform.
(c) Platform. The Worker agrees and accepts that the Platform is the Intellectual
Property of the Company and the Worker further warrants that by using the
Platform the Worker will not:
i. Copy the Platform or the services that it provides for the Worker’s own
commercial purposes; and
ii. Directly or indirectly copy, recreate, decompile, reverse engineer or
otherwise obtain, modify or use any source or object code, architecture,
algorithms contained in the Platform or any documentation associated
with it.
(d) Content. All content (excluding Worker Data) submitted to the Company,
whether via the Platform or directly by other means, becomes and remains the
Intellectual Property of the Company, including (without limitation) any source
code, analytics, insights, ideas, enhancements, feature requests, suggestions
or other information provided by the Worker or any other party with respect to
the Platform.
7.9. Third Party Dependencies
The Worker agrees and acknowledges that the Platform has third party dependencies
which may affect its availability, including (without limitation) internet service providers
and hosting services, and that the Company has no means of controlling the availability
of such dependencies and shall not be liable for any interruptions to such.
7.10. Confidentiality
(a) Each party acknowledges and agrees that:
i. the Confidential Information is secret, confidential and valuable to the
disclosing party (Discloser);
ii. it owes an obligation of confidence to the Discloser concerning the
Confidential Information;
iii. it must not disclose the Confidential Information to a third party except
as permitted in these Terms of Service;
iv. all Intellectual Property rights remain vested in the Discloser but
disclosure of Confidential Information does not in any way transfer or
assign any rights or interests in the Intellectual Property to the receiving
party; and
v. any breach or threatened breach by the receiving party of an obligation
under these Terms of Service may cause the Discloser immediate and
irreparable harm for which damages alone may not be an adequate
remedy. Consequently the Discloser has the right, in addition to other
remedies available at law or in equity, to seek injunctive relief against
the receiving party (and its agents, assigns, employees, officers and
directors, personally) or to compel specific performance of this clause.
(b) A party must notify the Discloser in writing, giving full details known to it
immediately, when it becomes aware of:
10
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
i. any actual, suspected, likely or threatened breach by it of any
obligations it has in relation to the Confidential Information.
ii. any actual, suspected, likely or threatened breach by any person of any
obligation in relation to the Confidential Information; or
iii. any actual, suspected, likely or threatened theft, loss, damage, or
unauthorized access, use or disclosure of or to any Confidential
Information.
(c) The receiving party must promptly take all steps that the Discloser may
reasonably require and must co-operate with any investigation, litigation or
other action of the Discloser or of a related body corporate if there is:
i. any actual, suspected, likely or threatened breach of a term of these
Terms of Service; or
ii. any theft, loss, damage or unauthorized access, use or disclosure of or
to any Confidential Information that is or was in its possession or
control.
7.11. Liability & Indemnity
(a) The Worker agrees that it uses the Platform at its own risk.
(b) The Company makes no representation or guarantee that the Worker will
achieve particular benefits or outcomes from using the Platform.
(c) The Worker acknowledges that the Company is not responsible for the conduct
or activities of any Worker or Customer and that the Company is not liable for
such under any circumstances.
(d) To avoid doubt, the Company is in no way responsible for the workmanship,
actions, omissions or conduct generally of a Worker in relation to a Contract
and cannot be held liable for such. The Company merely provides the digital
platform to facilitate the management of Contracts.
(e) The Worker agrees to indemnify the Company for any loss, damage, cost, or
expense that the Company may suffer or incur as a result of or in connection
with the Worker’s use of or conduct in connection with the Platform, including
any breach by the Worker of these Terms of Service.
(f) In no circumstances will the Company be liable for any direct, incidental,
consequential or indirect damages, personal injury, death, damage to property,
loss of property, loss or corruption of data, loss of profits, goodwill, bargain or
opportunity, loss of anticipated savings or any other similar or analogous loss
resulting from the Worker’s access to, or use of, or inability to use the Platform,
whether based on warranty, contract, tort, negligence, in equity or any other
legal theory, and whether or not the Company knew or should have known of
the possibility of such damage, loss, personal injury or death, or business
interruption of any type, whether in tort, contract or otherwise.
(g) Certain rights and remedies may be available under the Competition and
Consumer Act 2010 (Cth) or similar legislation of other States or Territories and
may not be permitted to be excluded, restricted or modified. Apart from those
that cannot be excluded, the Company and the Company’s related entities
exclude all conditions, guarantees and warranties that may be implied or
imposed by law. To the extent permitted by law, the Company’s liability for
breach of any such guarantee or implied warranty or condition that cannot be
excluded is restricted, at the Company’s option to:
11
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
i. The re-supply of services or payment of the cost of re-supply of
services; or
ii. The replacement or repair of goods or payment of the cost of
replacement or repair.
7.12. Termination
(a) The Worker may terminate these Terms of Service by giving the Company
written notice or simply by cancelling their Account, and access to the Platform
shall terminate immediately, or at the end of the Worker’s subscription period if
at the time of terminating these Terms of Service the Worker holds an active
subscription.
(b) The Company may terminate these Terms of Service for cause by giving the
Worker immediate written notice where:
i. The Worker has been notified in writing of a breach and has not
remedied that breach within 10 Business Days;
ii. The Worker commits a breach which is incapable of remedy; and/or
iii. The Worker repetitiously, wilfully, or recklessly commits a breach.
(c) Termination of these Terms of Service is without prejudice to and does not
affect the accrued rights or remedies of any of the parties arising in any way out
of these Terms of Service up to the date of expiry or termination.
7.13. Dispute Resolution
(a) If any dispute arises between the parties in connection with these Terms of
Service (Dispute), then either party may notify the other of the Dispute with a
notice (Dispute Notice) which:
i. Includes or is accompanied by full and detailed particulars of the
Dispute; and
ii. Is delivered within 10 Business Days of the circumstances giving rise to
the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative (with
the authority to resolve the dispute) parties must meet (virtually or otherwise)
and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any
Dispute unless it first complies with the requirements of the dispute resolution
mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to
seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their
respective obligations under this document and any related agreements.
7.14. Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act
1999 (Cth) have the same meaning.
12
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
13
THE MAINTAIN APP
TERMS OF SERVICE (WORKERS)
iii. If a word or phrase is defined, any other grammatical form of that word
or phrase has a corresponding meaning.
iv. A reference to a clause refers to clauses in these Terms of Service.
v. A reference to legislation is to that legislation as amended, reenacted or
replaced, and includes any subordinate legislation issued under it.
vi. Mentioning anything after includes, including, or similar expressions,
does not limit anything else that might be included.
vii. A reference to a party to these Terms of Service or another agreement
or document includes that party’s successors and permitted substitutes
and assigns (and, where applicable, the party’s legal personal
representatives).
viii. A reference to a person, corporation, trust, partnership, unincorporated
body or other entity includes any of them.
ix. A reference to information is to information of any kind in any form or
medium, whether formal or informal, written or unwritten, for example,
computer software or programs, concepts, data, drawings, ideas,
knowledge, procedures, source codes or object codes, technology or
trade secrets.
END TERMS OF SERVICE
14