Twenty Fifth Terms and Conditions of Use

Key Terms:

· "MEMBER" means a person who searches for and/or books errand running services via the Site

· "RUNNER" means an errand running service provider, a person who completes Twenty Fifth’s account registration process and has expressed interest in providing personal assistant type of services i.e. person who is willing to run errands such as dry cleaning collection, document collection, grocery shopping, etc

· "USER" means collectively all those who access the Twenty Fifth Site and services

· “SITE” means the Twenty Fifth website (www.twentyfifth.com.au), including any subdomains thereof, and any other websites through which Twenty Fifth makes its services available, our mobile, tablet and other smart device applications (collectively, "Site").

· “LISTING” means a task/ errand requested by a Twenty Fifth Member for a Runner to complete

· "CONTENT" means text, images, graphics, data, software, audio, video, information, documents, compilations or other materials

· "USER CONTENT" means content submitted by a User or anyone other than Twenty Fifth including without limitation photographs, text and reviews

· "THIRD PARTY PROVIDERS" means Twenty Fifth’s third party contractors, distributors, agents, merchants or sponsors

Thank you for using Twenty Fifth!

These Terms and Conditions (the “Terms” are a binding legal agreement ("Agreement") between you (“A Member”) and Twenty Fifth ("Twenty Fifth", "we," "us," or "our"). The Terms govern your use of our software applications, resources and services for clients and errand running service providers to find each other, communicate with each other, and arrange for the provision of errand running services (collectively, our “Twenty Fifth Service”). These Terms govern your access to and use of the Twenty Fifth website, including any subdomains thereof, and any other websites through which Twenty Fifth makes its services available, our mobile, tablet and other smart device applications (collectively, "Site"), our Facebook application, our online or phone support offerings, or any other access point we make available to you. By accessing or using the Twenty Fifth Service, you accept your title as “A Member” within Twenty Fifth and these Terms.

If you do not agree or are unable to agree to be bound by these Terms, you do not have the right to use Twenty Fifth services. Failure to use the Site in accordance with these Terms and guidelines may subject you to civil and criminal penalties.

In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will be dominant.

1. About the Website

1.1. Welcome to www.twentyfifth.com.au (the 'Site'). The Website matching Members with Runners i.e errand running service providers (the 'Services').

1.2. Twenty Fifth reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Twenty Fifth updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of our publication.

2. Acceptance of the Terms

2.1. You accept the Terms by remaining on the Site.

3. Registration to use the Services

3.1. In order to access or provider the Services, you may first be asked to register for an account through the Website, over the phone, via email or any other type of correspondence (the 'Account').

3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

a) Email address

b) Mailing address

c) Telephone number

3.3. You warrant that any information you give to Twenty Fifth in the course of completing the registration process will always be accurate, correct and up to date.

3.4. You may not use the Services and may not accept the Terms if:

a) you are not of legal age to form a binding contract with Twenty Fifth; or

b) you are a person barred from receiving or providing the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Twenty Fifth of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Twenty Fifth providing the Services;

(e) you will not use the Services or the Site in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Twenty Fifth;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Twenty Fifth for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

5.1. Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:

(a) Cash

(b) Square payment

5.2. Payments made in the course of your use of the Services are regularly made using Square. In using the Site, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square terms and conditions which are available on their website.

5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

5.4. You agree and acknowledge that Twenty Fifth can vary the Services Fee at any time .

6. Refund Policy

6.1. Twenty Fifth will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the Director of Twenty Fifth makes a decision, at his/hers absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund'). In this case, it may be a full or partial refund depending on the circumstances for the refund.

7. Copyright and Intellectual Property

7.1. The Site, the Services and all of the related products of Twenty Fifth are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. All materials on the Site other than User Content are either owned by Twenty Fifth or are the property of Twenty Fifth’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.

7.2. Twenty Fifth retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7.3. You may not, without the prior written permission of Twenty Fifth and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Site, which are freely available for re-use or are in the public domain.

8. Privacy

8.1. Twenty Fifth takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Twenty Fifth's Privacy Policy, which is available on the website (www.twentyfifth.com.au).

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Twenty Fifth will not be liable for any special, indirect, direct or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Twenty Fifth make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Twenty Fifth) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(d) the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

10.1. Twenty Fifth's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2. You expressly understand and agree that Twenty Fifth, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other tangible or intangible loss.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Twenty Fifth as set out below.

11.2. If you want to terminate the Terms, you may do so by:

(a) providing Twenty Fifth with 14 days' notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where Twenty Fifth has made this option available to you.

11.3. Your notice should be sent, in writing, to Twenty Fifth via the 'Contact Us' link on our homepage.

Twenty Fifth may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Twenty Fifth is required to do so by law;

(c) the provision of the Services to you by Twenty Fifth is, in the opinion of Twenty Fifth, no longer commercially viable.

11.4. Subject to local applicable laws, Twenty Fifth reserves the right to discontinue or cancel your membership at any time (as either a User or Runner) and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Services without notice. If you breach any provision of the Terms or any applicable law or if your conduct impacts Twenty Fifth's name or reputation or violates the rights of those of another party you may be subject to civil and/or criminal penalties.

12. Indemnity

12.1. You agree to indemnify Twenty Fifth, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or

(iii) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

(iv) The mediation will be held in Canberra, Australia.

13.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

14.1. The Services offered by Twenty Fifth is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of Australia Capital Territory, Australia.

15. Governing Law

15.1. The Terms are governed by the laws of Australia Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

16.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

17.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

While we may help facilitate the resolution of disputes, Twenty Fifth has no control over and does not guarantee:

(i) the existence, quality, safety, suitability, or legality of any Listings or Errand Running Services,

(ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content,

(iii) the performance or conduct of any Member, Runner, User or third party.

Twenty Fifth does not endorse any User, Member, Listing or Runner. Any references to a User being "verified" (or similar language) only indicates that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Twenty Fifth about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable.

We conduct a review of Runner profiles when they express their desire to engage with the Twenty Fifth Site and we may facilitate background checks on Members conducted by a third party, but, except where explicitly specified in the Twenty Fifth Terms, we do not otherwise screen Runners and/or Members.

As a result, Twenty Fifth has no control over the accuracy, reliability, completeness or timeliness of a Runner including: Background check information, affiliations, reviews or other User Content submitted on the Site, and makes no representations about any such User Content on the Site. Twenty Fifth does not have control, supervise or provide equipment to the Runner (except for the circumstances where a card-reader may be provided), and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Runners.

Twenty Fifth further makes no representations about the Members. You should make your own assessments of the persons you decide to interact with, engage or provide services to as a Runner. Twenty Fifth has no control over the conduct of users of the site and disclaims all liability in this regard. Users are solely responsible for making decisions that are in the best interests of themselves and anyone else who may be affected by the Errand Running Service provided.

While certain Runners may receive positive assessments or comments by the Site or its users, Twenty Fifth makes no representations or warranties regarding the quality, security or positive features of the Runner or User.

Because we are not involved in User-to-User dealings or control the behaviour of Users, Users must resolve any issues, disputes or concerns directly with each other. You agree to release Twenty Fifth from any claims or liability that may arise from any disputes between you and other Users. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, is entirely your own. You acknowledge and agree that Twenty Fifth is not liable for any damages associated with the administration of any errand running services, which may include but are not limited to, bodily injury or death (whether caused by the User, any family member, friend, pet or other affiliate of the User or any other third party).