Terms & Conditions

The following terms control your use of GOwiz.com.au (the "GOwiz.com.au Website & Apps") and all other delivery and services made available to you via the GOwiz.com.au Website & Apps including the GOwiz.com.au Website & Apps.

PLEASE READ THESE “Terms & Conditions” CAREFULLY BEFORE USING THE GOwiz.com.au Website & Apps.


By using the GOwiz.com.au Website & Apps, you agree to be bound by these T&C’s which constitute a contract between you and GOwiz.com.au. If you do not agree to all of the terms within these T&C’s, DO NOT use the GOwiz.com.au Website & Apps. We reserve the right to revise & update these T&C’s at any time. Please review these T&C’s from time-to-time. Use of the GOwiz.com.au Website & Apps signifies acceptance of this agreement to any revised T&C’s.


Disclaimer
The data within the GOwiz.com.au Website & Apps have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works within the GOwiz.com.au Website & Apps neither we nor any other party involved in the preparation of data within the GOwiz.com.au Website & Apps or in our newsletters represents or permits that the information within is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such data. You are encouraged to confirm the information within with other sources.
We do not inspect, establish or permit the certification and/or licensing, competence, solvency or information of any professional, tradesperson or applicant. We rely on the professionals, Service Providers and applicants to provide accurate information and assume no responsibility for verifying the information provided. We suggest that you check the certification and/or licensing of any professional or other service provider with the applicable Licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to book as a result of a connection made via our services. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity.
The GOwiz.com.au Website & Apps may contain links to Websites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link within in a linked site or any changes or updates to such sites. The appearance of any product, service or Website link on the GOwiz.com.au Website & Apps and/or in our newsletters does not imply endorsement, approval or permit by us and we disclaim all liability with regard to any such products, services or Website links.


1. Terms
By accessing the GOwiz Apps & Website, you are agreeing to be bound by these Website Terms and Conditions of Use as above and below, all applicable Australian laws and regulations, and agree that you are responsible for compliance with any applicable local laws and State laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trade mark law.
2. General Disclaimer
The materials on GOwiz Apps & Website are provided “as is”. GOwiz Apps & Website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, GOwiz Apps & Website does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
3. Limitations
In no event shall GOwiz Apps & Website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on GOwiz Apps & Internet site, even if an authorized representative of GOwiz has been notified orally or in writing of the possibility of such damage. Because some jurisdiction does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on GOwiz Apps & Website could include technical, typographical, or photographic errors. GOwiz Apps & Website does not warrant that any of the materials on its Website are accurate, complete, or current. GOwiz Apps & Website may make changes to the materials contained on its Website at any time without notice. GOwiz Apps & Website does not, however, make any commitment to update the materials.
5. Links
GOwiz apps & Website has not reviewed all of the sites linked to its Internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GOwiz Apps & of the Website. Use of any such linked Website is at the user’s own risk.
6. Site Terms of Use Modifications
The GOwiz Apps & Website may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the current (at that time) version of these Terms and Conditions of Use.
7. Indemnification
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these T&C’s or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the GOwiz.com.au Website & Apps using your service account.
8. Waiver, Release & Limitation of Liability
You agree that to the extent permitted by law we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any scheme of liability or indemnity in connection with your use of the GOwiz.com.au Website & Apps. You hereby release waive any or all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the GOwiz.com.au Website & Apps. 
We, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the GOwiz.com.au Website & Apps, or resulting from the act or omission of any other party involved in making the GOwiz.com.au Website & Apps or the information available to you, or from any other cause relating to your access to or your inability to access the GOwiz.com.au Website & Apps or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any service provider providing software or services support to us.
9. Third Party Rights
The terms of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert & enforce those terms directly against you on its own behalf.
These T&C’s are controlled by all Australian States.

Terms and Conditions Page

 

The following terms control your use of GOwiz.com.au (the "GOwiz.com.au Website & Apps") and all other delivery and services made available to you via the GOwiz.com.au Website & Apps including the GOwiz.com.au Website & Apps.

PLEASE READ THESE “Terms & Conditions” CAREFULLY BEFORE USING THE GOwiz.com.au Website & Apps.

By using the GOwiz.com.au Website & Apps, you agree to be bound by these T&C’s which constitute a contract between you and GOwiz.com.au. If you do not agree to all of the terms within these T&C’s, DO NOT use the GOwiz.com.au Website & Apps. We reserve the right to revise & update these T&C’s at any time. Please review these T&C’s from time-to-time. Use of the GOwiz.com.au Website & Apps signifies acceptance of this agreement to any revised T&C’s.

  1. Our Aims:
  • 1.1 GOwiz is available to enable customers to find providers to help them with assignment s detailed in the services list, including ‘other’ categories. Equally, the providers are able to find customers and work to get paid. 
  • 1.2 Providers can respond to a assignment  which is privately directly posted to them from the customer. Some information regarding job posts and offers may be publicly available, including to internet users who are not registered on GOwiz.
  • 1.3 Before accepting an offer, providers can choose to see further details provided by the customer and then choose whether to accept or decline the job offer. GOwiz reserves the right to cancel assignment s between customers and providers at any time, for any reason. 
  • 1.4 After accepting a job request, the provider has then created a contract between themselves and the customer. Breaking this contract could then incur consequences from GOwiz such as monetary penalties or cancellation of their GOwiz profile, among others.
  • 1.5 After a job has been accepted, the customer payment will be held by GOwiz and distributed to the provider upon completion of the assignment . 
  • 1.6 Upon rendering the payment amount, a service fee is due and payable to GOwiz. 
  • 1.7 Once a assignment  has been accepted and a contract is activated, the customer and provider can communicate via GOwiz’s private online messaging system. This can be used to discuss assignment  details such as payment amounts, necessary equipment, specific assignment  details, etc. No personal details should be shared between the messaging system and phone numbers will not be made visible between users.
  • 1.8 Upon completion of a assignment , the service provider should notify GOwiz via the GOwiz platform.
  • 1.9 Upon completion of a assignment , the customer should notify GOwiz via the GOwiz platform. 
  • 1.10 Once a assignment  has been completed, GOwiz will release the funds into the provider’s account and the assignment  can be marked as completed via the Gowiz platform.
  • 1.11 At the end of a assignment , both parties are encouraged to give each other feedback in the form of a rating and a review. This information will then be made visible to other users for future assignment s. 

2. OUR ROLE AND OBLIGATIONS AT GOWIZ

  • 2.1 GOwiz provides the GOwiz platform only. This service enables the meeting of customers and providers. 
  • 2.2 GOwiz only permits individuals over 16 years of age to become users.
  • 2.3 Users can register in the form of a customer, an individual service provider, or a company service provider who can control and distribute jobs to individuals employed by their company and listed on their user profile. Unique service descriptions can be added to user profiles through their profile page. 
  • 2.4  If GOwiz reasonably believes that a User's conduct (including a breach of these Terms and Conditions) is detrimental to the operation of the GOwiz Platform, at its discretion, GOwiz may refuse to allow any person to register or create an account with GOwiz, or cancel or suspend or modify any existing account.
  • 2.5 Registering and creating an account with GOwiz is free. Posting assignment s is also free.
  • 2.6 GOwiz accepts no liability for any aspect of the interaction between customer and provider, including but not limited to the private communication, assignment  description, performance or delivery of services.
  • 2.7 GOwiz has no responsibility and makes no warranty as to the accuracy of information provided by customers, service providers, or company service providers, including, but not limited to, the ability of service providers to perform assignment s or supply items. This also includes the accuracy of information posted by customers, including but not limited to their ability to pay for a service. 
  • 2.8 GOwiz services are provided on an "as is" basis, and without any warranty or condition, express or implied. 
  • 2.9 Gowiz has no obligation to involve itself in any dispute between any users, although may do at its discretion for the purpose of improving user experience.
  • 2.10 Signing up as a user of GOwiz in no way means that you have entered into any particular agency or partner relationship with GOwiz. GOwiz platforms are in no way obligated to find relevant work for service providers. While GOwiz can be used as a means to find work, GOwiz is not an employer, and finding work through the platform is solely the responsibility of the service provider to locate, perform and complete assignment s through the GOwiz platform. 

3. USER OBLIGATIONS

  • 3.1 By signing up as a user on GOwiz, you will at all times:
    • (a) comply with these Terms and Conditions as well as all applicable laws and regulations;
    • (b) only post accurate information on the GOwiz platform;
    • (c) ensure that You are aware of any laws that apply to You as a Customer or a Provider, or in relation to using the GOwiz Platform.
  • 3.2 You agree that any content (whether provided by GOwiz, a third party, or another user) on the GOwiz platform may not be used on third party sites or for other business purposes without the direct permission from GOwiz. 
  • 3.3 You must not use the GOwiz platform for any illegal or immoral purpose.
  • 3.4 You must be the sole user and operator of your GOwiz account. This applies to all users and includes not allowing others to use your account your account user at any time, as well as transferring or selling your account or any of its content to any other person.
  • 3.5 GOwiz is granted full and unrestricted licence to use information posted on the GOwiz platform for any purpose, including any modifications, alterations or reproductions of content or for use as promotion for GOwiz platforms. 
  • 3.6 Any content published on the GOwiz platform by any user must not be in any way harmful to any other members of GOwiz or to the platform itself. This includes but is not limited to any potential monetary losses that may result from content posted. 
  1. 3.7 You agree that any information posted on GOwiz must be kept up to date, this includes offers posted on the GOwiz platform as well as keeping profile information and documentation current and up to date, as well as any other details and information you may post. All information must not be/do any of the following;
    *(a) incorrect, misleading or deceptive in any way;
    *(b) fraudulent;
    *(c) infringe upon the rights of any third party's rights, privacy and/or confidentiality;
    *(d) violate any applicable laws, statutes, ordinances or regulations;
    *(e) be, to the belief of GOwiz, in any way  threatening, defamatory, libellous, or harassing;
    *(f) No information should contain content that GOwiz believes, at its complete discretion, to be in any way obscene, inappropriate or unlawful in the form of text, images, or any other format.
    *(g) contain any code, material or content that causes harm to any user or to GOwiz in any way. This includes, but is not limited to any computer viruses or coding and programming that has the potential to damage, alter, infiltrate or delete information posted on GOwiz, as well as making visible the personal information posted by users. 

*(h) Involve the selling of illegal, dangerous, counterfeit, or stolen goods

  • 3.8 The GOwiz platform may use location or map based features for reasons believed to be beneficial to the GOwiz platform at its discretion. This might include, but is not limited to; displaying service providers’ location to potential customers or to others who may be browsing the GOwiz platform.
  • 3.9 Service providers have the complete right obligation to work within the to work in the jurisdiction local to where the services are performed. This includes obligations to comply with tax and regulations in relation to any payment through the GOwiz platform. 
  • 3.10 When supplying services, a service provider must never charge an additional fee that has not been agreed with the customer prior to the services starting. Additional fees may be charged for material fees and other exceptions that must be agreed between both parties. All                                                                                                                              payments, including additional charges, should be communicated through the GOwiz private messaging system.
  • 3.11 Payments must not be requested from users outside of the GOwiz platform. This should be true at all times except for circumstances listed in clause 3.12.
  • 3.12 Service providers are solely responsible for obtaining any reimbursement from their customers for agreed costs incurred as a result of performing the assignment s, such as buying equipment. This does not include payments incurred by the service provider for instances not relating directly to the services they are providing, including but not limited to; traffic fines, parking tickets or other fines resulting from the providers’ behaviour. 
  • 3.13 In order to comply with GOwiz policies, insurances and regulations, service providers must never subcontract their agreed assignment s to persons outside of the GOwiz platform. Assignment s may be distributed only to other users who are registered and verified under the GOwiz platform. 
  • 3.14 GOwiz reserves the right to alter, delete or suspend any accounts, assignment s, profiles, content or information on GOwiz platforms. This can be done at the complete discretion of GOwiz with any reason to believe that a user has breached any obligations listed in clause 3 or in any clauses detailed in these terms and conditions. 
  • 3.15 All and any users should never disclose any personal details in assignment  descriptions, on profile, via the GOwiz communication system or on the GOwiz platform in any way. This information may include but is not limited to; the user’s full name, home address, phone number, email address or bank information.

 

4. FEES, PAYMENTS AND REFUNDS

  • 4.1 Once a assignment  has been agreed between a service provider and customer, a service fee is payable to GOwiz. Once a assignment  has been completed, the service fee will automatically be deducted from the payment. 
  • 4.2 If a assignment  incurs extra costs for the purpose of performing or completing the assignment , the cost incurred can be discussed with the customer via the GOwiz messaging system. The amount should be agreed before the provider incurs any charges or additional costs. This amount, if agreed, can then be charged to the customer once a assignment  has been completed through the GOwiz system. The customer invoice will then have these details listed to be distributed upon completion of a assignment . 
  • 4.3 Fees incurred as listed in clause 4.2 do not include any fees that may be due to third party services. Agreements and payments between GOwiz service providers and third party providers should be kept seperate to agreements and payments made with and through GOwiz. 
  • 4.4 Any and all fees and payments due to GOwiz cannot be cancelled or refunded, except for in circumstances under non-excludable conditions.
  • 4.5 Service fees and payments due to GOwiz from users are also applicable to any new assignment s posted through the GOwiz platform.
  • 4.6 GOwiz reserves the right to set-off any fees or payments against the funds or ‘wallet’ credit held by the user. 
  • 4.7 GOwiz reserves the right to suspend or delete a users' accounts until all fees are settled have been paid.
  • 4.8 If an agreed assignment  is cancelled before commencement for any reason, GOwiz will distribute any payments or refunds at its discretion. If cancelled by the service provider, GOwiz may return the agreed price to the customer and charge an admin cancellation fee to the service provider payable to the GOwiz platform. Cancellations may also incur other consequences including but not limited to the cancellation, suspension or deleting of user accounts, to be decided at the discretion of GOwiz. 
  • 4.9 If the agreed assignment  is cancelled by the customer, consequences and services fees listed in clause 4.8 may also be applied to the customer user at the discretion of GOwiz.
  • 4.10 GOwiz may also decide to waive any fees or payments incurred by providers or customers, and may decide to do so at its discretion.
  • 4.11 If a assignment  cost is to be returned to a customer as a result of cancellations or alterations made by the service provider, the returned amount may be debited to the service provider and offset against any other payments owed by GOwiz to the service provider.
  • 4.12 Outstanding cancellation Admin fees owed by a User will be owed by the user to GOwiz and may also be offset against any payments owed to the user by GOwiz at any time.
  • 4.13 Assignment  cancellation will be attributable to the service provider under the following set of circumstances:
    • (a) the assignment  is cancelled mutually between customer and service provider;
    • (b) the service provider has not responded to reasonable attempts by the customer to contact the provider in regards to assignment  details;
    • (c) the service provider cancels the assignment ;
    • (d) The assignment  is cancelled by either customer or service provider as a result of the breaking of clause 3.14 by the service provider.
  • 4.14 A assignment  cancellation will be attributed to the customer for the following reasons:
    • (a) the customer cancels a assignment  (except for reasons detailed in clause 4.13(b));
    • (b) the assignment  contract is breached or cancelled by the customer in accordance with clause 3.14.
  • 4.15 If a cancellation fee is agreed between the customer and service provider separate to that of GOwiz, this should be the responsibility of the customer and service provider to settle the fees without the direct involvement of Gowiz. 
  • 4.16 Return fees payable to the customer may take up to 14 working days to be processed by GOwiz (less the cancellation fee amount, if applicable).
  • 4.17 If, for any reason, payment to the service provider is unable to be process or otherwise returned to the customer (in select cases), the or no claim is otherwise made for the payment, the funds will remain in the payment account for up to three months from the date the payment is tendered unless paid or otherwise distributed.
  • 4.18 Following the 3 months referred to in clause 4.17, funds may be credited back to the customer. 
  • 4.19 If a assignment  is cancelled and either party involved can provide evidence that the assignment  in question was already in commencement, then the agreed assignment  price to be returned to the customer will be conditional in respect to details listed in clause 18. However, the incurred cancellation fee will always be due and payable to GOwiz in accordance with clause 4.8.

5. STORE VALUE

  • 5.1 If a user is awarded the store value of services refunded by GOwiz via the GOwiz platforms, this credited amount:
    • (a) may be used by the credited user to pay for services on the GOwiz platform;
    • (b) is not refundable or redeemable for cash;
    • (c) cannot be transferred to another payment card or account; 
    • (d) Is valid for 12 months either from the date the payment amount is applied to the credited users’ account, the date of issue or purchase, or any other expiry date applied by GOwiz.
    • (e) if a store value refund is awarded to a user for reasons not listed in this agreement, the restrictions and terms and conditions of use and spending may differ to those listed here, to be decided at the discretion of GOwiz. This may include but is not limited to; the services for which the amount can be off-set against, a set minimum amount to spend before the credited amount can be redeemed, and when the store value is redeemable. 
    • (f) must not be stored in a data retrieval system, or spent in any other way than through the GOwiz platforms and by the credited user, without the written permission of GOwiz.
  • 5.2 The store credit awarded to the user is to be the responsibility of the user only except for in non-excludable conditions. GOwiz cannot accept any liability for loss of credit and does not have any obligation to replace the amount for any reason. 
  • 5.3 If GOwiz has reason to believe that a user has breached any clause listed in this agreement, or has forged or tampered with the store credit amount in any way, it reserves the right to, at its complete discretion, refuse or cancel the store value amount. Fraudulent activity may also be reported by GOwiz to relevant law enforcement authorities at the discretion of GOwiz. This also applies to any promotional coupons, codes and vouchers that are distributed or circulated without the approval of GOwiz. Discount code, vouchers and coupons that are not valid for use may therefore be refused or cancelled GOwiz.
  • 5.4 If the store value credited to a user by GOwiz is not redeemed before its respective expiration date, GOwiz will cancel the store value amount.

 

6. THIRD PARTY SERVICES AND BUSINESS PARTNERS

  • 6.1 At GOwiz’s discretion, the platform may include Third Party Services at any time. These Third Party Services are not provided by GOwiz.
  • 6.2 Third Party Services are offered to GOwiz users under the third party's respective terms and conditions. TGOwiz may promote the services of third parties via the GOwiz platforms if they are believed by GOwiz to be relevant or beneficial to GOwiz users.
  • 6.3 Engagements and agreements between users and third parties will be directly between the user and third party services. 
  • 6.4 GOwiz can not make any guarantees or warranties on behalf of the third party services they may represent. However, users can provide feedback of their experiences with third parties promoted on GOwiz in order to help to improve the GOwiz experience
  • 6.5 GOwiz accepts no responsibility for any losses, damages, costs, or charges incurred by a service provider when providing, or not providing, a service to third parties. 
  • 6.6 GOwiz reserves the right to enter into agreements with business partners and may seek to engage service providers in the provision of business services. By agreeing to perform business services for respective business partners, the service provider acknowledges and agrees that both GOwiz and their business partners may on-sell services supplied to third parties for a fee to be decided by GOwiz and its business partners.
  • 6.7 Service providers who agree to engage in business and assignment s with business partners may need to be approved or hold particular qualifications. GOwiz may therefore assist business partners in locating suitably qualified service providers. GOwiz makes no warranty that it will promote suitably qualified service providers for business partner services.
  • 6.8 Business partners may require service providers to enter into a contract before providing business services.
  • 6.9 Where a service provider chooses to accept a assignment  with a GOwiz Business Partner:
    • (a) the service provide must perform assignment s in accordance with their assignment  contract both with GOwiz and any applicable business partner contract; and
    • (b) the terms of the contract between service provider and business partner will prevail in the event of any inconsistency.

7. NOTICES

  • 7.1 Unless otherwise stated, any form of notice should be sent directly to the GOwiz contact address or to the user address provided at registration. Any notice will be assumed to have been sent:
    • (a) 24 hours after sending for emails; and
    • (b) if sent by post, three business days after the posting date.
  • 7.2 If notices are relating to the services or agreements with third party services, they must be sent directly to the third party service and not to GOwiz. 

8. GOWIZ PAYMENT FACILITIES

  • 8.1 AGOwiz may use a payment provider to operate the payment account system.
  • 8.2 If the GOwiz service provider is changed, users may be asked to agree to new or additional terms with those providers. 
  • 8.3 By agreeing to these terms and conditions, you are agreeing to the terms relevant to the payment provider GOwiz uses at the time of registration.

9. VERIFICATION AND FEEDBACK

  • 9.1 GOwiz may ask for evidence of identification as a condition for creating a user account with GOwiz, third party identification services may also be utilised by GOwiz for this service.
  • 9.2 While GOwiz may wish to verify user identifications, GOwiz cannot guarantee the accuracy of these services either by GOwiz or by third parties. Equally, GOwiz cannot guarantee that the information provided to GOwiz by users is accurate or true. 
  • 9.3 GOwiz takes no responsibility for any identification verification. Users should also provide accurate information and identification that represents themself only. Users are also encouraged to ask for proof of identity via the GOwiz messaging system before commencing a assignment  with another user. 
  • 9.4 AGOwiz reserves the right to modify the identity verification services at any time.
  • 9.5 Users can be reviewed and rated by others users with whom they carry out a assignment  via GOwiz. This system is for the purpose of allowing users to compare the reliability of users among other factors they may wish to evaluate before working with another user.
  • 9.6 You agree that GOwiz may wish to use a system of icons that relate to certain qualities of a user. Including but not limited to; badges that represent a police check document, white cards, qualifications, certification and licences. GOwiz cannot however guarantee the reliability and accuracy of the information provided and represented by the icons. A user should therefore not base their decisions to work with other users upon the accuracy of the icons presented on their profile. 
  • 9.7 Service providers should never submit false information or documentation by means of securing an icon on their GOwiz profile. Information or documentation should always be true and accurate and must be updated immediately if it is no longer valid for an icon of their user profile. 
  • 9.8 At its discretion, GOwiz may choose to charge an admin fee to supply certain icons on user profiles. 
  • 9.9 GOwiz reserves all rights to distribute icons to users for their profiles. This verification however is for use only on the GOwiz platform. 
  • 9.10 If GOwiz has reason to believe that a user is in breach of any of the terms listed in this agreement, GOwiz may choose to retract or refuse verification in the form of an icon, or otherwise, without notice. If verification in any form has been issued wrongly, has been fraudulently gained by the user or is no longer valid for any reason, including expiration, or for any other reason, it can be removed by GOwiz at any time. 
  • 9.11 If you have reason to believe that a rating or review left for you by another user is incorrect, harmful or damaging, you can report this to GOwiz via the GOwiz Contact Us page for further inspection. 
  • 9.12 If GOwiz believes your feedback to be of concern or potentially problematic, GOwiz may, at its discretion, choose to suspend or delete your GOwiz user account. 

10. MEDIATION AND DISPUTE RESOLUTION

  • 10.1 GOwiz encourages that any disputes or claims resulting from a assignment  between a customer and a service provider should be resolved between the two parties without the involvement of GOwiz platforms. Any attempts made to resolve a dispute should be genuine in its attempt to come to a resolution. You agree however that GOwiz may, if believed to be necessary, provide your information to other parties involved in the dispute. GOwiz will do this at its own absolute discretion.
  • 10.2 While GOOwiz does not guarantee its involvement in disputes between users, GOwiz may choose to provide its assistance at its own discretion. You must therefore agree to comply with investigation procedures during this process. GOwiz may make its final determination based on the information and evidence provided by the involved parties and to make any decisions as to refunds or monetary settlements accordingly. Disputes can also be raised within court proceedings if a user wishes to raise their dispute to court or a tribunal. 
  • 10.3 During the process of dispute proceedings, GOwiz may choose to withhold the payment amount in their payment system until the matter has been resolved. 
  • 10.4 If a dispute fails to be resolved, GOwiz may choose to provide a third party service to settle the matter in question. Either party may then elect to go ahead with the third party service in order to resolve the issue. If a third party service is used, all parties must agree to carry out the process of settling the dispute in accordance with the terms set out by the third party service provider. The dispute will then be managed in accordance with the terms and conditions of the respective third party service and should therefore be agreed to by the user separately to their agreement with GOwiz. Users will then also be liable to pay any costs incurred by the use of the third party service. 
  • 10.5 If GOwiz chose to disclose another user's information to you for the purpose of settling a dispute, you acknowledge and agree that such information should be used for the sole purpose of resolving the dispute and should not be used for any other purpose. You acknowledge and agree that you will be fully responsible for any potential consequences resulting from breaching this clause, including but not limited to; any costs, losses, damages or liabilities incurred. 

11. INSURANCE AND LIABILITY

  • 11.1 GOwiz may offer service providers third party insurance options for certain services they wish to provide on their user dashboard. By applying to these third party offers, service providers will be entering into an agreement with the third party provider only. 
  • 11.2 Insurance offers promoted via the GOwiz platform cannot be guaranteed by GOwiz to be accurate, appropriate or relevant to the user.
  • 11.3 It is the responsibility of the user to acquire any insurances that are required or are relevant to the services they wish to provide via the GOwiz platforms. These insurances must be sufficient to cover their services.
  • 11.4 While GOwiz may have its own insurance that may cover users in some instances, users should not rely on GOwiz'insurance for their own claims and use. GOwiz reserves the right to change its insurance policy details or providers at any time at its own discretion.
  • 11.5 You acknowledge and agree that if a claim is made relating to a service provider’s work or services, GOwiz may (with the provider’s consent) choose to claim under its own insurance policies. In the event that a claim is successful, GOwiz will exercise its right to recover any excess or deductible payable. In cases where the service provider is found at fault of a claim, the user will be liable to pay any excess due as a result, which may be set against any pending or future payments owed to the user by GOwiz.
  • 11.6 You acknowledge and agree that, if a claim is made in regards to services provided by a service provider and is not covered by the insurances of GOwiz, GOwiz may choose to or not to pay a settlement fee for the claim that is not covered by insurances. If GOwiz chooses to pay to settle a case, the service provider in question is then liable to pay back the entirety of this fee. This fee may also be set against payments owed to the service provider from GOwiz.
  • 11.7 For information on limitations and exclusions of liability, please refer to your Country Specific Terms. 

12. TERMINATION

  • 12.1 Both you and GOwiz may reserve the right to terminate your user account and therefore this agreement at any time and for any reason.
  • 12.2 Termination of this agreement however does not affect any existing assignment  contract between customer and service providers.
  • 12.3 Any agreement between a user and third party services will be governed by the terms and conditions relative to that third party provider. 
  • 12.4 Termination or expiration of this agreement does not apply to the terms that are ongoing and continue to apply after the agreement has ended, such as the sections involving fees, liability, mediation and disputes. 
  • 12.5 If either you or GOwiz decides to terminate your account for any reason or if these terms are breached, any future accounts you attempt to make without the consent of GOwiz may also be terminated.

13. GENERAL

  • 13.1 This Agreement is governed by the laws outlined in Your Country Specific Terms.
  • 13.2 If any clause detailed in this Agreement is held to be invalid or unenforceable, such details may be removed. Remaining clauses and provisions in this agreement will still be enforceable.
  • 13.3 This agreement is binding, whether enforced by GOwiz or if GOwiz should choose to assign a third party service without consent of the user. 

14. PRIVACY

  • 14.1 Third party services promoted or used through the GOwiz app will provide their own relevant terms and conditions for their services. These should be reviewed, acknowledged and agreed to by users wishing to use the services of any third party through GOwiz.
  • 14.2 It is a priority of GOwiz to ensure that transactions handled and managed via GOwiz platforms remain anonymous and private. However, in order to ensure that these terms are not breached, GOwiz reserves the right to utilise a verification process in which a user must identify themselves using evidence in order to become a user. 

15. MODIFICATIONS TO THE AGREEMENT

  • 15.1 GOwiz may choose to, at its discretion, update, alter or modify this agreement, policies and insurances at any time. Users may be notified as to these changes via their GOwiz user account and may be asked for their agreement with the new or altered terms in order to continue using the GOwiz services.
  • 15.2 By actively agreeing to the new terms or continuing to use the GOwiz services subsequent to these amendments, the new agreement will become immediately active. Whether you choose to accept these new or modified terms, they will become automatically effective in 30 days after you have been notified of any changes. 
  • 15.3 If you do not agree with the new or modified terms updated by GOwiz, you must terminate your GOwiz user account and stop using the services. Alternatively, you can contact GOwiz directly and your account can be terminated on your behalf.

Revised February 2020 copyright GOwiz 2020

APPENDIX A:

MODEL ASSIGNMENT  CONTRACT

A assignment  contract is that which is agreed between a customer and service provider who are wishing to complete a assignment  via the GOwiz platforms. This agreement is in accordance with the terms and conditions listed in this agreement. Unless otherwise agreed, the terms agreed between the customer and service provider in their assignment  contract are as follows:

  • 1 ASSIGNMENT  CONTRACT COMMENCEMENT
    • 1.1 As soon as a assignment   has been accepted by a service provider, either for an immediate assignment  or for a assignment  scheduled for the future, the Assignment  Contract is effective. 
    • 1.2 The assignment  contract will then continue to be applicable until terminated in accordance with clause 7.
  • 2 SERVICE EXPECTATIONS
    • 2.1 The service provider is to provide their services in a professional and workmanlike manner.
    • 2.2 The time and location listed in the job request should be abided to unless otherwise agreed via the GOwiz private messaging communication platform. 
    • 2.3 The assignment  undertaken should abide by any terms and conditions agreed between both parties in their assignment  contract up to and following the completion of the assignment .
    • 2.4  All parties acknowledge and agree that the customer chose to select the service provider for their assignment  and that the service provider can choose to accept or decline any assignment , and therefore understand that their assignment  contract is between each party equally. Service providers may not therefore subcontract any work agreed between themselves and their customer without given consent from their customer to do so and without the third party provider being registered and verified via the GOwiz platform. 
    • 2.5 If a subcontractor has been confirmed and agreed to work on a assignment  on behalf of another service provider, the service provider still remains responsible and liable for any consequences of actions by the subcontractor or by the service provider themselves.
  • 3 WARRANTY 
    • 3.1 Each party is responsible for ensuring that all information provided in the creation of the assignment  contract is accurate and true. 
    • 3.2 Service providers are responsible for ensuring that they, and any subcontractors they may will to use, have the right to work in their respective locations and hold all of the relevant licences and documents for the services they are wishing to provide within their local jurisdiction. 
  • 4 PAYMENTS AND CANCELLATIONS
    • 4.1 Once a assignment  has been accepted by a service provider, the customer must then pay the agreed price into the GOwiz payment account system.
    • 4.2 Upon the completion of assignment s by a service provider, both parties must then notify their respective GOwiz platforms. 
    • 4.3 The customer must then release their funds from the GOwiz payment system into the account of their service provider in order for the assignment  to be completed.
    • 4.4 If a assignment  is cancelled before or during the assignment , the payment will be handled in accordance with the terms and conditions agreed by each user in their terms of use agreement. 
  • 5 LIABILITY
    • 5.1 Except for liability in breach of non-excludable conditions, the parties exclude all Consequential Loss in connection to the services, and any claims by any third person, or this assignment  contract. This is applicable even in circumstances where the party causing the breach was aware of possible or foreseeable losses.
    • 5.2 The liability of each party to the other party is limited only to the agreed cost of the assignment  in question, with the exception of non-excludable conditions. This clause does not apply to instances where insurances or agreements to contrary liability amounts have been made between the parties. 
  • 6 DISPUTES
    • 6.1 In the case of a dispute between users, the matter should be attempted to be resolved between the users via private messaging or communication systems within 14 days of the dispute arising. 
    • 6.2 If reasonable attempts have been made to settle a dispute in accordance with clause 6.1, either party may request the involvement of GOwiz to assist in resolving the matter. This is to be in accordance with clause 15 in your GOwiz terms and conditions agreement. 
  • 7 TERMINATION OF CONTRACT
    A assignment  contract will be terminated when:
    • (a) the services are completed and have been marked so by both parties on their GOwiz platforms, and the agreed price has been released from the GOwiz payment system;
    • (b) a party has been suspended or their account has been terminated on the GOwiz platform;
    • (c) otherwise agreed by either or both parties or the by a third party dispute service; or
    • (d) notified by GOwiz for reasons detailed in your terms of use agreement.
  • 8 GOVERNING LAWS
    The assignment  contract is governed by the laws and jurisdiction local to where the assignment  was posted on GOwiz. 

Revised February 2020 copyright GOwiz 2020

 

APPENDIX B:

COUNTRY SPECIFIC TERMS

1. Australian Terms

If you are a GOwiz user in, or your GOwiz related services are performed in,  Australia then the following terms will also apply to you, or may vary these terms and conditions to the extent specified:

a) a reference to A$, $A, dollar or $ is to Australian currency;

b) "ACL" stands for ‘Australian Consumer Law’;

d) "Consumer Guarantees" refers to the consumer guarantees as detailed in Part 3-2 of the ACL;

e) "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);

f) This terms and conditions in this agreement are governed by the laws of New South Wales, Australia. Both you and GOwiz are therefore under the exclusive jurisdiction of the courts of New South Wales, Australia; and

g) The limitations of liability are as follows:

  • (1) GOwiz does not accept any liability for losses, charges, costs or damages incurred between users as a result of services or transactions carried out via the GOwiz platform to the extent permitted by law. Liability in relation to breach of non-excludable conditions in excluded.
  • (2) GOwiz does not accept any liability for losses, charges, costs or damages incurred between users and third party services offered or promoted via the GOwiz platform or otherwise, as a result of services or transactions carried out via the GOwiz platform to the extent permitted by law. Liability in relation to breach of non-excludable conditions in excluded.
  • (3) GOwiz will not be liable for any consequential losses incurred via, or in connection with, the GOwiz platform to the extent permitted by law, except for liability in relation to a breach of any non-excludable conditions. 
  • (4) Except for circumstances relating to a breach of any non-excludable conditions of liability, GOwiz’s liability to any user is limited to the total of AUD$50.00, or of the total payment amount made to GOwiz from the user in the 12 months prior to the incident in question, whichever is the greater amount. 
  • (5) In cases that are in breach of non-excludable conditions (other than those that cannot be limited by law), GOwiz’s liability to you is limited, to any one of the following; replacing, resupplying, or repairing goods in question relating to the breach, or paying the cost of resupplying, replacing or repairing goods respective to the breach, or supplying again or paying the cost of supplying again, services respective of the breach that has occured. 

2. UK Terms

If you are using the GOwiz platform, or performing GOwiz related services, in the UK then the following terms will also apply to you and  may vary your agreement with GOwiz to the following extent:

a) "£" is relating to the currency Great British pound sterling;

c) The non-excludable conditions also include the terms of the Consumer Rights Act 2015, which state (without limitation) that the services performed by and within GOwiz are done so with a reasonable amount of skill, caution and effort;

d) Exclusions and limitations of liability including the following:

  • (1) This agreement in no way limits or excludes the liability of GOwiz for:
    • (i) injury or death caused as a result of our negligence;
    • (ii) fraudulent misrepresentation or fraud;
    • (iii) any other matter whereby it would be unlawful to exclude or restrict the liability of GOwiz.
  • (2) By failing to comply with these terms, GOwiz is responsible for any loss or damages you may suffer as a direct result or GOwiz’s negligence or failure to comply with and therefore breaching of this agreement. GOwiz is not responsible however for any loss or damage that is not foreseeable or is not a direct consequence or GOwiz’s negligence or breaching of this agreement. 
  • (3) Except for reasons listed in d(1), GOwiz not be liable to you for any loss or damages that are resulting from or connected with;
    • (i) transactions between customers and service providers; or
    • (ii) Third parties who may be promoted via the GOwiz platform.
  • (4) Except for reasons listed in d(1), GOwiz’s liability to any users in this agreement is limited to the total of £30.00, or of the total payment amount made to GOwiz from the user in the 12 months prior to the incident in question, whichever is the greater amount. 

e) The laws and jurisdiction that govern this agreement are as follows:

  • (1) This agreement is governed by English Law. This means that use of the GOwiz platform, and any disputes or claims (including non-contractual) arising in connection with the GOwiz platform will be governed by English Law.
  • (2) Proceedings in relation to these terms and conditions and therefore this agreement can be raised in the English courts. For other countries in the European Union, issues can be raised in either the English courts or the courts of the respective member state. 
  • (3) Users of GOwiz will always be able to claim the benefits of any mandatory provisions of their local law for their resident country or member state. This agreement does not affect your rights to claim the benefit of your local law provisions. 
  • (4) If disputes cannot be settled directly by GOwiz, you can use the dispute settling website (http://ec.europa.eu/consumers/odr/) managed by the European Commision that can handle out-of-court matters. 

f) For Gowiz users in the UK, the following tax provisions will apply:

  • (1) As a service provider working in the United Kingdom, you must have the right to work and to provide the services you are offering. You must not be established for VAT purposes outside the United Kingdom.Tax and other regulatory obligations should always be abided by in relation to any payment managed through the GOwiz platform. Goods cannot be sold as a seperate supply to services delivered through the GOwiz platform, unless goods are sold incidentally through the supply of a service in which case f(2) will apply. 
  • (2) If supplying goods as part of a service, that can be considered a single supply of services for VAT purposes (and is not a separate supply),the price of the goods will be included in the total of the agreed price between customer and service provider. As a service provider, if you are supplying goods as a separate supply to your services for VAT purposes, then:
    • (i) You must create a separate contract agreement between you and your customer and do this outside of the GOwiz platform, and;
    • (ii) The agreed price of services on GOwiz between customer and service provider shall not include the price of these separate supply goods, but they are to be dealt with in the manner state above in section 2(i). 

g) Cancellation and service fees will only be payable by the user to GOwiz once services have been performed by GOwiz. This means you are therefore not entitled to cancellation rights under the Consumer Contracts Regulations 2013 with regards to both service and cancellation fees under this agreement.

3. Ireland Terms

If you are using the GOwiz platform, or performing GOwiz related services, in Ireland then the following terms will also apply to you and  may vary your agreement with GOwiz to the following extent:

a) "€" is relating to the currency of certain European Union countries including Ireland;

b) The non-excludable conditions also include the terms of the Sale of Goods and Supply of Services Act 1893 -1980, which state (without limitation) that the services performed by and within GOwiz are done so with a reasonable amount of skill, caution and effort; 

c) The exclusions and limitations of liability are as follows:

  • (1) This agreement in no way limits or excludes the liability of GOwiz for:
    • (i) injury or death caused as a result of our negligence;
    • (ii) fraudulent misrepresentation or fraud;
    • (iii) any other matter whereby it would be unlawful to exclude or restrict the liability of GOwiz.
  • (2) By failing to comply with these terms, GOwiz is responsible for any loss or damages you may suffer as a direct result or GOwiz’s negligence or failure to comply with and therefore breaching of this agreement. GOwiz is not responsible however for any loss or damage that is not foreseeable or is not a direct consequence or GOwiz’s negligence or breaching of this agreement. 
  • (3) Except for reasons listed in d(1), GOwiz not be liable to you for any loss or damages that are resulting from or connected with;
    • (i) transactions between customers and service providers; or
    • (ii) Third parties who may be promoted via the GOwiz platform.
  • (4) Except for reasons listed in d(1), GOwiz’s liability to any users in this agreement is limited to the total of €30.00, or of the total payment amount made to GOwiz from the user in the 12 months prior to the incident in question, whichever is the greater amount. 

e) The laws and jurisdiction that govern this agreement are as follows:

  • (1) This agreement is governed by Irish Law. This means that use of the GOwiz platform, and any disputes or claims (including non-contractual) arising in connection with the GOwiz platform will be governed by Irish Law.
  • (2) Proceedings in relation to these terms and conditions and therefore this agreement can be raised in the Irish courts. For European Union Member States, issues can be raised in either the Irish courts or the courts of the respective member state. 
  • (3) Users of GOwiz will always be able to claim the benefits of any mandatory provisions of their local law for their resident country or member state. This agreement does not affect your rights to claim the benefit of your local law provisions. 
  • (4) If disputes cannot be settled directly by GOwiz, you can use the dispute settling website (http://ec.europa.eu/consumers/odr/) managed by the European Commision that can handle out-of-court matters. 

f) For GOwiz users in Ireland, the following tax provisions will apply:

  • (1) As a service provider working in the Republic of Ireland, you must have the right to work and to provide the services you are offering. You must not be established for VAT purposes outside the Republic of Ireland.Tax and other regulatory obligations should always be abided by in relation to any payment managed through the GOwiz platform. Goods cannot be sold as a seperate supply to services delivered through the GOwiz platform, unless goods are sold incidentally through the supply of a service in which case f(2) will apply. 
  • (2) If supplying goods as part of a service, that can be considered a single supply of services for VAT purposes (and is not a separate supply),the price of the goods will be included in the total of the agreed price between customer and service provider. As a service provider, if you are supplying goods as a separate supply to your services for VAT purposes, then:
    • (i) You must create a separate contract agreement between you and your customer and do this outside of the GOwiz platform, and;
    • (ii) The agreed price of services on GOwiz between customer and service provider shall not include the price of these separate supply goods, but they are to be dealt with in the manner state above in section 2(i). 

g) Cancellation and service fees will only be payable by the user to GOwiz once services have been performed by GOwiz. This means you are therefore not entitled to cancellation rights under the European Union Regulations 2013 with regards to both service and cancellation fees under this agreement.

GOwiz Glossary

"Agreement" refers to the most -up-to-date version of the agreement (terms and conditions) between the GOwiz user and GOwiz platform

"Agreed Price" refers to the price set out by the service provider and that is held in the GOwiz payment account system until released by the customer. This does not include any additional charges for material fees and other miscellaneous costs and charges. 

"Business Day" refers to days where banks are open for business as usual under the local jurisdiction of the GOwiz user. 

"Business Partner Contract" refers to the contract made between a GOwiz business partner and the GOwiz user to perform business services. 

"Business Partner" refers to the individual or company partners who enter into an agreement with the GOwiz platforms. 

"Business Services" refers to the services provider by the service provider for the GOwiz Business Partner, which may then be sold on to third party customers and consumers. 

"Cancellation Fee" refers to the cost charged to the user who cancels an agreement for services with another user and is payable to GOwiz,

"Consequential Loss" refers to any loss, damage or expense that can be claimed back through the law:

  • (a) This does not apply to loss, damage or expense that would be suffered by any person in a similar position, including;
  • (b) loss of:
    • a. opportunity;
    • b. data;
    • c. profits, anticipated savings or business, or;
    • d. Equipment value,
    • e. Costs or expenses incurred in connection with the foregoing

"Fees" refers to payments due and payable to GOwiz, such as cancellation or service fees.

"GOwiz Platform" refers to any means of accessing the GOwiz services, such as the website, android and IOS mobile apps, and any other mode of delivering the GOwiz services that may be introduced. 

"GOwiz Service(s)" refers to the services that are provided on and via the GOwiz platforms. 

"Identity Verification Services" refers to the means through which GOwiz is able to identify a user and verify their respective GOwiz user account. 

"Marketing Material" refers to anything from newsletters, emails, special offers, updates and any other mode of promotional material either directly from GOwiz or from third party services. 

"Non-excludable Condition" refers to any implied condition, warranty or guarantee in a contract that is required and enforceable by law and without which would cause parts of the contract to be void. These may differ between countries, such as for users in the UK and Ireland. 

 

"Payment Account" refers to the account containing money which can be transacted via GOwiz. 

"Personal Information" refers to information which can identify you as a person, as outlined in Your Country Specific Terms.

"Policies" refers to the regulation set out by GOwiz, such as the terms of use agreements and the community guidelines listed on the ‘Trust, Safety and Guidelines' page. 

"Service Fee" refers to the fee payable to GOwiz by the service provider for using the GOwiz platform to provide their services. This amount will be automatically deducted from the payment tendered from the customer into the payment account of the service provider. 

“Service Provider” refers to the user who will be providing services to a customer from the ‘services list’.

“Services List” refers to the list of services which can be requested from a customer, and provided by the service provider. The services list can be found on any GOwiz platform.

"Stored Value" refers to the amount that has been refunded to a user for whatever reason, and may appear in the form of a redeemable coupon, voucher or code to be spendable via the GOwiz platforms. 

“Subcontracting” refers to the occasion where a service provider might elect another GOwiz user to perform their scheduled assignment s on their behalf for whatever reason. Subcontractors must be accepted by GOwiz and be a verified member, before getting the consent of the customer for the service provider to subcontract their job. 

"Assignment  Contract" refers to the contract which is in effect between the customer and the service provider from a assignment  being accepted until the payment amount has been tendered. 

“Assignment  Request” refers to a assignment  which has been selected by the customer from the GOwiz ‘Services List’ and sent to a service provider in order to request their specific services. The request can then be responded to by the service provider by either accepting or declining the assignment  request. 

"Third Party Dispute Service" refers to a third party service which may be appointed to resolve issues and disputes between GOwiz users.

"Third Party Service" refers to external companies, businesses or services that may be offered via the GOwiz platform. 

"User" or "You" refers to the individual who has registered as a member of the GOwiz community 

"Verification Icons" refers to the icon images that may be used on a user profile to represent a certain licence, certificate, qualification or quality they may possess. 

 

Rules of Interpretation:

The following rules should be applied to the interpretation of the GOwiz agreement, unless otherwise stated:

  • (a) singular language also applies to the plural counterpart, and visa versa;
  • (b) a alternative grammatical form of a defined word or expression has a respective meaning;
  • (c) any reference made to a document, law or legislation, refers to the most up-to-date version, including any alterations, additions and amendments;
  • (d) the applicable currency for a user is the same as that listed in Your Country Specific Terms;
  • (e) any reference made regarding a person includes any entity by which they might be identified, whether as a corporate body, natural persons, or otherwise; 
  • (f) a reference to a legislation and laws refers to all regulations within them, including any amendments. 
  • (g) where phrases have used to give the reader an example, (such as, including, for example, and other similar general expressions) does not limit the clause to those specific examples provided.
  • (h) use of headings are supplied for ease of navigation only;
  • (i) an agreement of any form that is in favour of two or more parties is for the benefit of them jointly; and
  • (j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the creation of all or any of this agreement.

Revised February 2020 copyright GOwiz 2020

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.