Flitt

Terms + Conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Flitt platform, the mobile application and website through which people needing logistics and moving support services can find service providers in the field (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, MOVER AU LTD ABN 31 621 231 392 trading as Flitt (Flitt, we, our or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users of the Platform;
Part B (Service Providers), which sets out additional terms that apply to Service Providers, being people and businesses providing logistical and moving services; and
Part C (Customers), which sets out additional terms that apply to Customers, being people and businesses seeking logistical and moving

If you intend to use the Platform as a Service Provider, only Parts A and B of these terms will apply to you. If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

When we talk about “Service Requests” in this agreement, we are referring to posts by Customers on the platform requesting the provision of logistics or moving services.

When we talk about “Service Offers” in this agreement, we are referring to Service Providers’ responses to a Service Request on the Platform.

A contract between a Customer and a Service Provider is formed when a Customer accepts a Service Offer from a Service Provider in response to that Customer’s Service Request.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A All Users

ELIGIBILITY
- This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the By using the Platform, you represent and warrant that you are either:
  - over the age of 18 years and accessing the Platform for personal use; or
  - accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the
- You must not use the Platform if you are:
  - under the age of 18 years old and do not have your parent or guardian’s consent;
  - under the age of 15 years old; or
  - if you have previously been suspended or prohibited from using the Platform, unless you are expressly permitted in writing by us to do
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do

2 ACCOUNTS

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Flitt from time to
You warrant that any information you give to Flitt in the course of completing the Account registration process will always be accurate, honest, correct and up to
You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other
Once you complete the Account registration process, Flitt may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an
Flitt reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with
Flitt may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this

3 USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Flitt of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Flitt;
not to act in any way that may harm the reputation of Flitt or associated or interested parties or do anything at all contrary to the interests of Flitt or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Flitt;
that Flitt may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Flitt or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that Flitt may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause

4 POSTED MATERIALS

WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable

LICENCE
- You grant to Flitt a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Flitt to use, exploit or otherwise enjoy the benefit of such Posted

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Flitt from any and all claims that you could assert against Flitt by virtue of any such moral
You indemnify Flitt against all damages, losses, costs and expenses incurred by Flitt arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property

REMOVAL
- Flitt acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Flitt may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted
- You agree that you are responsible for keeping and maintaining records of Posted

5 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Flitt will have no liability or obligation to you if:

a Customer or Service Provider cancels at any time after the time for performance of the Service Offer is agreed; or
for whatever reason, including technical faults, the services in a Service Offer cannot be performed or completed,

and you will not be entitled to any compensation from Flitt.

6 ONLINE PAYMENT PARTNER – BRAINTREE

We may use third-party online payment partner, currently Braintree (Online Payment Partner) to collect payments on the Platform, including for our
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which you must read here. You acknowledge and agree that the Online Payment Partner may, from time to time, charge their own fees and that you will be required to pay these
You agree to release Flitt and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your

7 SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Flitt cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or

8 INTELLECTUAL PROPERTY

Flitt retains ownership of or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the

Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of creating or responding to a Service Offer. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Flitt or as permitted by
In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the

9 THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Flitt accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

10 THIRD PARTY TERMS

Any service that requires Flitt to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Flitt to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party

11 DISPUTES BETWEEN USERS

You should direct any complaint relating to another to us within 24 hours of the incident giving rise to the complaint occurring providing as much evidence (such as photographs of damage or description of a delivery problem) as
We will attempt to quickly and satisfactorily resolve the complaint but do not guarantee a successful
Any costs you incur in relation to a complaint or dispute will be your
Flitt has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the
Flitt reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or
If you have a dispute with Flitt, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other
Notwithstanding any other provision of this clause 11, you or Flitt may at any time cancel your Account or discontinue your use of the

12 SECURITY

Flitt does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13 DISCLAIMER

(Introduction service) Flitt is a medium that facilitates the introduction of Customers and Service Providers for the purposes of connecting people seeking logistical or moving service to service providers able to provide such services. Flitt simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the
(Limitation of liability) To the maximum extent permitted by applicable law, Flitt excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law,
(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we
(Indemnity) You agree to indemnify Flitt and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
- breach of any term of this agreement;
- use of the Platform; or
- your provision or receipt of Services from another
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Flitt be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

14 CONFIDENTIALITY

You agree that:

no information owned by Flitt, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third

15 PRIVACY

You agree to be bound by the clauses outlined in Flitt’s Privacy Policy, which can be accessed here Flitt Privacy Policy.

16 COLLECTION NOTICE

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal

17 NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is are between you and Flitt and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of Flitt to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Flitt’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
- product liability claims;
- any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
- you are not listed on any S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party

18 TERMINATION

Flitt reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any
In the event that a User’s Account is terminated:
- the User’s access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
- the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the
Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Flitt will effect such termination within a reasonable time after receiving written notice from the
Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any

other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19 TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Flitt will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

20 RECORD / AUDIT

To the extent permitted by law, Flitt reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Flitt.

21 NOTICES

A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party, whichever is

22 GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that

Part B Service Providers

ELIGIBILITY AND QUALIFICATIONS
- To be a Service Provider on the Platform, you must:
  - be over 18 years of age;
  - have a valid Australian Business Number (ABN); and
  - own a roadworthy vehicle and have a driver’s licence that entitles you to legally drive the
- You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the
- You must provide us with a vehicle inspection report (Vehicle Inspection Report) prepared by an accredited third party, certifying that your vehicle is roadworthy and meets all applicable requirements. You acknowledge and agree that you must provide an updated Vehicle Inspection Report every 12 months, at your expense, to maintain the validity of your Account. Flitt will not be liable for any fees or costs incurred by obtaining a Vehicle Inspection

2 QUALIFICATIONS, CLEARANCES AND INSURANCE

If in any of your Service Offers or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Flitt that you do hold such Qualifications and if requested, will promptly provide Flitt with evidence of the
Without limiting clause 2(a) above, you must obtain at your own cost and maintain at all times you are a Flitt Service Provider on the Platform:
- valid proof of working rights entitling you to work in Australia;
- a valid police clearance certificate in the jurisdiction you are offering services in; and
- adequate insurance, including:
  - professional liability insurance of at least $20,000,000;
  - transit and marine insurance of at least $5,000; and
  - any other insurance policies a reasonable service provider in your position would
- By using the Platform, you warrant that you have not been previously convicted of a criminal offence anywhere in the world and must immediately notify Flitt if this circumstance
- If requested by Flitt, you must promptly provide us with evidence confirming that they you hold the relevant Qualifications and clearances set out in this

3 FIT2WORK IDENTITY VERIFICATION

(Verification) We require Service Providers to verify their details (including age, qualifications, contact details and similar information) using an external identity verification service, presently Fit2Work (Verification Service). By using the Platform, you agree to the Verification Service’s terms and condition available here.
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 15. Where a Verification Service is used, you acknowledge and agree that:
- we may contact and share your personal information with a Verification Service to verify your details;
- you consent to us receiving, sharing and using this information to enable us to carry out the Verification

(Fees) We may charge non-refundable fees for the Verification Service, as set out on the
(Warranty and Indemnity) You acknowledge and agree that:
- we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
- you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
- we do not endorse any User, Service Offer or Verification

4 PROVISION OF SERVICES

You must ensure that all services specified in a Service Offer that is accepted by a Customer are provided:
- in accordance with all applicable laws, regulations, tax obligations and industry standards;
- with due care and skill and in a professional, punctual and diligent manner;
- so that the services or instructions are fit for their intended purpose; and
- on the date and at the times set out in the Service
You acknowledge and agree that a Customer may review any Service Offer or services you provide under a Service Offer on the Platform in accordance with clause 4 of Part C of this
If a Customer requests to reschedule the delivery time for the services listed in a Service Offer, you may choose to accept or reject such a

5 SERVICE REQUESTS, SERVICE OFFERS AND PRICING

From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally direct you to Service Requests that are related to your geographic area, though Flitt does not guarantee
Service Requests will specify the following information about a job:
- the number and details (such as photographs) of items subject to the services you are providing;
- the weight of a load subject to the services you are providing; and
- any special services or instructions that the Customer is requesting, (collectively, Service Request Items).
When the Platform directs you to a Service Request, you will be able to view details of the specific services requested. You may then respond to the Customer accepting or rejecting the Service Request (each such response a Service Offer).
The Platform will recommend a price for your Service Offer based on the Service Request Items and you can either accept or decline that recommended price (Quoted Amount).
Upon picking up the Service Request load from the Customer you will need to check that the Service Request Items correspond to those listed in the Service Request. If the Service Request Items are greater in weight, number or volume than those specified in the Service Request you will be able to:
- cancel the Service Request; or
- perform the excess services at Flitt’s standard additional work rate as specified on the Platform from time to time (Additional Services Rate); and
Once a Customer accepts your Service Offer, a contract for the provision of services will be formed between you and the Customer at the agreed

You acknowledge and agree that:

		(i) any information you supply in a Service Offer must be true, timely and accurate;
		(ii) you must take all reasonable steps to complete the services you agree to
		provide in every Service Offer that is accepted by a Customer, including by not cancelling any part of the agreed services;
		(iii) you must deal with any dispute with a Customer in accordance with clause 11
		the Platform of Part A;
		(iv) any additional terms and conditions relating to a Service Offer, or a quote
		provided via the Platform, are solely between you and the relevant Customer
		and do not involve Flitt in any way, except that they must not be inconsistent
		with your or the Customer’s obligations under this agreement; and
		(v) Flitt will have no responsibility for the accuracy, reliability or timeliness of any
		Service Request or a Customer’s response to a Service Offer.

6 FEES

Viewing the Platform and making Service Offers is
We will charge you 15% of the Quoted Amount (Service Fee) for each Service Offer that is accepted by a
When a Customer accepts a Service Offer, they will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Service Offer Fee’).
The balance of the Service Offer Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and
You:
- appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
- agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
- agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: Braintree Payment Services Agreement.
Flitt reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted

7 REFUNDS & CANCELLATIONS

Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Offer, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If Flitt decides to investigate your request, you must provide assistance and information to Flitt as reasonably

You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Offer is in compliance with all applicable
If we accept your request to cancel a service set out in an accepted Service Offer, we may take one or more of the following actions:
- cancel your Account and/or any membership you hold in connection with the Platform;
- refund the Quoted Amount to the relevant Customer; and
- if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that
The Service Fee is by default non-refundable for change of mind. However, Flitt may, in its absolute discretion, issue refunds of the Service Fee in certain
You agree to honour and comply with the process set out in this clause 7 in the event of a pricing error in a Service

8 BYPASSING

You agree that while you are a Service Provider on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided services to directly or indirectly in connection with the This provision will apply whether or not the relevant Customer or their representative is still active on the Platform.
Flitt may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause

9 BINDING CONTRACT

You agree that when you submit a Service Offer in response to a Customer’s Service Request, this constitutes your intention and offer to enter into a contract with them, where you will provide the Customer with the service as specified in the relevant Service Request, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when a Customer responds to an email or message on the Platform confirming that they accept your Service Offer.

10 WARRANTIES

By listing yourself as a Service Provider on the Platform, posting a Service Offer or responding to a Service Request, you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Service Offer or Service Request;
you will provide services to each Customer:
- using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
- in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against

Part C Customers

SERVICE OFFERS, SERVICE REQUESTS AND FEES
- You acknowledge and agree that:
  - if you submit a Service Request, that will constitute your offer and intention to enter into a contract with the Service Provider;
  - each Service Requests you submit must include the following information about the services you are requesting:
    - a short description and photographs of the items included in a load you require transported;
    - the weight of a load you require transported; and
    - any special instructions in relation to the services you are requesting, (collectively, Service Request Items).
  - when you accept a Service Offer from a Service Provider in respect of your Service Request, a binding contract will have formed between you and the Service Provider for the provision of the services listed in the Service Request;
  - Subject to clauses 1(b) below, for each Service Offer you accept on the Platform, the Quoted Amount will be debited by our Online Payment Partner from your credit card prior to the Service Provider commencing their services and Flitt will keep a Service Fee which will be calculated as a percentage of the Quoted Amount; and
  - any terms and conditions relating to services or a Service Offer provided via the Platform are solely between you and the relevant Service Provider and do not involve Flitt in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this
- You acknowledge and agree that if the Service Provider considers that the Service Request Items are greater in weight, number or volume than those specified in the Service Request they will contact you informing you of the discrepancy and:
  - cancel the Service Offer; or
  - perform the services in excess of those you specified in the Service Request at a rate set out on the Platform from time to time (Additional Services Rate) and you hereby agree to the Additional Services
- When you submit a Service Request on the Platform, you must:
  - only submit requests that are bona fide and accurate; and
  - truthfully fill out all the information, including information requested by the Platform in relation to the Service

2 PAYMENT

(Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in an accepted Service Offer prior to the Service Provider performing those
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3 CANCELLATIONS

Flitt will have no liability or obligation to you if a Service Provider cancels a Service Offer after it has been agreed and you will not be entitled to any compensation from Flitt in relation to any such cancellation, including any portion of the Service
If you wish to cancel services specified in an agreed Service Offer, before the Service Provider has performed them, you must contact the Service Provider. If Flitt decides to investigate your cancellation, you must provide assistance and information to Flitt as reasonably
If you cancel a service specified in an agreed Service Offer, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service

4 RATINGS AND REVIEWS

Customers may rate a Service Offer (Rating) and/or may provide feedback to Service Providers regarding the services Customers received from them (Review).
Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Offer is removed or
Customers must only provide true, fair and accurate information in their
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by
To the maximum extent permitted by law, we are not responsible for the content of any
You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
- you have purchased a product or service from that Service Provider via the Platform; or
- you have placed an order with the Service Provider via the Platform; or
- you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform,

(collectively referred to as a Service Experience).

You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or
You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work
Your Service Experience must have occurred within the last 12 months when you submit a
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service

5 LINKED BUSINESSES

You acknowledge and agree that:

the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of Flitt;
the provision by Flitt of introductions to Service Providers does not imply any endorsement or recommendation by Flitt of any Service Provider;
Flitt does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
any terms and conditions relating to a Service Offer or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve Flitt in any

6 COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Service Offer or Service Request).
Flitt, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause